Phillips v. Taco Bell Corp.

989 F. Supp. 1021, 1997 U.S. Dist. LEXIS 22429, 72 Empl. Prac. Dec. (CCH) 45,152, 1997 WL 809671
CourtDistrict Court, E.D. Missouri
DecidedNovember 20, 1997
DocketNo. 4:96-CV-1220 (CEJ)
StatusPublished

This text of 989 F. Supp. 1021 (Phillips v. Taco Bell Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. Taco Bell Corp., 989 F. Supp. 1021, 1997 U.S. Dist. LEXIS 22429, 72 Empl. Prac. Dec. (CCH) 45,152, 1997 WL 809671 (E.D. Mo. 1997).

Opinion

MEMORANDUM

JACKSON, District Judge.

This matter is before the Court on defendant’s motion for summary judgment. See Fed.R.Civ.P. 56. The plaintiff has filed a response in opposition to the motion.

Plaintiff filed suit against her former employer, Taco Bell, Corp ., alleging discrimination in violation of Title VII, 42 U.S.C. § 2000e et seq., and the Missouri Human Rights Act (“MHRA”), § 213.010 et seq.1

In June 1995, defendant hired plaintiff as a cashier in one of its restaurants. Plaintiff’s supervisor was Duane Sonntag. Plaintiff alleges that Sonntag sexually harassed her five times between the months of March and June in 1995. Plaintiff first reported this conduct when she left a message for Scott Williams, one of defendant’s managers, on June 20, 1995. Later that day Williams returned the plaintiff’s call and arranged a meeting with her. On June 21,1995, plaintiff and Williams met to discuss her claims of sexual harassment. On June 22, 1995, Williams called plaintiff and told her that there would be an investigation into her allegations but, that he had to be out of town until July 5, 1995. Williams offered to give plaintiff a two-week paid vacation until the investigation was completed if she felt uncomfortable working while the investigation was being conducted or while Williams was out of town. The plaintiff declined the vacation electing to remain at work.

On June 29, 1997, while Williams was out of town, plaintiff left a message for Williams [1023]*1023stating that “Duane [Sonntag] didn’t get it.” Williams returned plaintiff’s phone call and plaintiff reported that another incident had occurred. Williams again asked plaintiff to take a two-week paid vacation while he conducted an investigation. Plaintiff agreed. Following the incident on June 29, 1995, plaintiff had no further contact with Sonntag.

Williams returned to town on July 5, 1995 and interviewed plaintiff. He notified plaintiff that Sonntag was on vacation until July 10, 1995. On July 10, 1995, Williams began his investigation of plaintiffs claims. On the same day Williams suspended Sonntag pending the investigation. Sonntag’s employment with defendant was terminated on July 14, 1995.

On July 18, 1995, plaintiff went into work to check her schedule. She talked to Jeff, á manager, and alleges that he responded in a “nasty” tone of voice.

Q. If it was your intention from that point in time to return to work, when did your intention to return to work change? A. The tone of voice of Jeff as if he knew what was going on and he had a nasty tone of voice to me, then I figure out since he had the nasty tone of voice, when I got back to work I would be asked questions from the coworkers what had happened, what’s going on and all that and I didn’t want to hear it.

In the short conversation between Jeff and plaintiff, neither mentioned sexual harassment, Sonntag, plaintiff’s absence from work or the investigation. Plaintiff then resigned from her employment with defendant.

Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment shall be entered “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” In ruling on a motion for summary judgment the court is required to view the facts in the light most favorable to the non-moving party and must give that party the benefit of all reasonable inferences to be drawn from the underlying facts. AgriStor Leasing v. Farrow, 826 F.2d 732, 734 (8th Cir.1987). The moving party bears the burden of showing both the absence of a genuine issue of material fact and its entitlement to judgment as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586-587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Fed.R.Civ.P. 56(c). Once the moving party has met its burden, the non-moving party may not rest on the allegations of his pleadings but must set forth specific facts, by affidavit or other evidence, showing that a genuine issue of material fact exists. Fed.R.Civ.P. 56(e). Rule 56(c) “mandates the entry of summary judgment, after adequate time for discovexy and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s ease, and on which that party will bear the burden of proof at trial.” Celotex Corporation v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Title VII prohibits employers from subjecting employees to a discriminatorily hostile work environment. Harris v. Forklift Systems, Inc., 510 U.S. 17, 114 S.Ct. 367, 370, 126 L.Ed.2d 295 (1993). Hostile work environment sexual harassment arises when “conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.” Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 65, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). The conduct does not have to be overtly sexual in nature, but it must be unsolicited and uninvited. Cram v. Lamson & Sessions Co., 49 F.3d 466, 474 (8th Cir.1995). To be actionable, the harassment must also be sufficiently severe or pexvasive “to alter the conditions of the victim’s employment and create an abusive working environment.” Meritor, 477 U.S. at 67. • Isolated or sporadic acts of harassment are insufficient to make a claim of hostile work environment. Cram, 49 F.3d at 474. To recover for hostile work environment sexual harassment the plaintiff must show by a preponderance of the evidence that:

[1024]*1024(1) she belongs to a protected group; (2) she was subject to unwelcome sexual harassment; (3) the harassment was based on sex; (4) the harassment affected a term, condition, or privilege of employment; and. (5) the defendant knew or should have known of the harassment and faded to take proper remedial action.

Kopp v. Samaritan Health Sys., Inc., 13 F.3d 264, 269 (8th Cir.1993); Burns v. McGregor Electronic Indust., Inc.,

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989 F. Supp. 1021, 1997 U.S. Dist. LEXIS 22429, 72 Empl. Prac. Dec. (CCH) 45,152, 1997 WL 809671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-taco-bell-corp-moed-1997.