Porter v. Erie Foods International, Inc.

576 F.3d 629, 2009 U.S. App. LEXIS 17843, 106 Fair Empl. Prac. Cas. (BNA) 1806, 2009 WL 2431991
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 7, 2009
Docket08-1996
StatusPublished
Cited by128 cases

This text of 576 F.3d 629 (Porter v. Erie Foods International, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Porter v. Erie Foods International, Inc., 576 F.3d 629, 2009 U.S. App. LEXIS 17843, 106 Fair Empl. Prac. Cas. (BNA) 1806, 2009 WL 2431991 (7th Cir. 2009).

Opinions

RIPPLE, Circuit Judge.

Tremeyne Porter brought this action against Erie Foods International, Inc. (“Erie Foods”). He alleged race-based harassment, constructive discharge and retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. The district court granted summary judgment to Erie Foods. Because Erie Foods took reasonable action to detect and to terminate the discriminatory activities of the offending employees, we affirm the judgment of the district court.

I

BACKGROUND1

During the time period relevant to this appeal, Tremeyne Porter, who is an African-American, was an employee of Burton Placement Services (“Burton”).2 On July 19, 2004, he was placed by Burton as a temporary employee at Erie Foods’ food production facility in Rochelle, Illinois. Mr. Porter worked the third shift3 as a filler stacker under the supervision of Patricia Santos. On August 12, sometime after 11:00 p.m., a coworker took Mr. Porter to the “H-Line” production area, where a noose made out of white nylon rope was hanging on a piece of machinery, approximately twelve feet above the ground. Coworker Cody Matheny, allegedly smiling, was standing at his work station under the noose. Mr. Porter believed that he was being singled out because he was the sole African-American employee working the third shift, and he found the noose to be a highly offensive symbol of slavery and the lynching of African-Americans.

Santos later went to the H-Line area and discovered the hanging noose. She directed Matheny to crawl up to the noose and take it down. She then asked him if he had hung the noose; he denied doing so. Santos next went to her office and [632]*632placed the noose on her desk. She then made her rounds, checking to make sure that employees were at their proper places and that the machines were operating properly.

During this time, Mr. Porter approached Santos and told her that he believed that the noose was directed at him. She asked Mr. Porter if he knew who was responsible for the noose or why someone would hang it; he stated that he did not. Santos then asked Mr. Porter if he thought the perpetrator might be coworker Matheny, Earl Rooney or Blair Crumb. Mr. Porter told her that he did not. Santos told Mr. Porter that she would talk to Andy Goffinet in the human resources department and to her supervisor, Mark Jacobs. She also said that she would inform the first-shift supervisor, Darryl Emen, about the noose and see if he had heard anything from his employees.

Santos hung the noose on the bulletin board in her office; she says that she did this so that she would not lose it. Santos then returned to her rounds. The noose remained on the bulletin board for four hours, where it was visible to employees through a window in her office door. Mr. Porter later testified that Santos’ act of hanging the noose on the bulletin board made him feel “betrayed” because Santos “made it seem like she cared but in the end she didn’t, because if she cared she wouldn’t allow [him] to ... see it hanging from somewhere else.” R.48, Def. Ex. 1 at 152. He stated that he no longer felt comfortable talking to Santos. Id.

On the morning of August 13, sometime after 7:00 a.m., Santos took the noose off the bulletin board so that she could show it to Emen and Jacobs. She told them about what had happened and noted that Mr. Porter thought that the noose was directed at him. Neither Emen nor Jacobs knew who was responsible. After Santos finished speaking with them, she threw the noose away.

Between 8:00 a.m. and 9:00 a.m., Santos informed Goffinet about the noose and about Mr. Porter’s remarks. Goffinet stated that he was very concerned and that he believed the matter needed to be addressed immediately. Goffinet then informed his supervisor, Jim Klein, of the incident.

That evening, Goffinet held a fifteen-minute meeting with Santos, Mr. Porter and all of the other third-shift employees. At the meeting, he discussed employee harassment and attempted to ascertain who was responsible for the noose. Goffinet told the workers that workplace harassment would not be tolerated and mentioned the company’s anti-discrimination policy. Santos did not speak during the meeting, but, instead, watched the employees’ faces in hope of learning who was responsible. After the meeting, Matheny told Goffinet that he was not the perpetrator.

Goffinet later spoke privately with nine of the fifteen third-shift workers. He also met individually with Mr. Porter for approximately forty-five minutes. Mr. Porter told Goffinet that he did not feel comfortable talking to him because Goffinet previously had been convicted of abusing a minor and because Mr. Porter had been abused as a child. They had a “very emotional” conversation about Mr. Porter’s family life. R.48, Def. Ex. 1 at 91. During the conversation, Goffinet asked Mr. Porter who was responsible for the noose; Mr. Porter told Goffinet that he would not say who made or showed him the noose because he did not want anyone to be fired. Goffinet concluded the meeting by handing Mr. Porter his business card and telling Mr. Porter that, if he ever wanted to talk to anyone, he could call him.

[633]*633In another incident around this time,4 coworker Felipe Alvarez showed Mr. Porter and some other employees a noose he had made. Alvarez testified that Mr. Porter laughed when he saw the noose, but Mr. Porter vigorously disputes this account and states that he felt threatened by it. In a separate incident, Alvarez gave Mr. Porter a noose in the locker room. During this incident, Alvarez told Mr. Porter that, if Mr. Porter showed the noose to anyone, Alvarez would come to Winnebago and look for him, which Mr. Porter interpreted to be a threat to his life and to his family. Id. at 85.

On August 15, Goffinet had another private talk with Mr. Porter. Goffinet asked Mr. Porter if he was ready to disclose who made the noose and who showed it to him. Mr. Porter again declined to tell him, stating that he did not want anyone to lose his job. Goffinet then told Mr. Porter that he suspected that Matheny and Rooney were responsible. Mr. Porter claims that he nodded or made a statement confirming Goffinet’s suspicions. R.48, Def. Ex. 1 at 95. Goffinet disputes this assertion; he claims that Mr. Porter made no reply and “continued to refuse to inform [him] of the identity of the person who made the noose, possessed it, displayed or hung it.” R.48, Def. Ex. 8 at ¶ 6. Mr. Porter did tell Goffinet that he had been threatened by another employee, but did not identify the individual; Goffinet reported this development to Klein. He also asked Mr. Porter if he wanted to switch to a different shift, but Mr. Porter declined the offer. Goffinet subsequently followed up with Klein.

Santos asked Mr. Porter, on a nightly basis, whether he knew who had hung the noose. She also followed up with the first and second shift supervisors to ascertain if they had heard anything about the noose. Santos later spoke with Goffinet about his discussion with Mr. Porter and learned that there were “several other nooses out and about.” R.48, Def. Ex. 4 at 77.

Mr. Porter contacted the Rochelle Police Department on August 14. He stated that he did not want to have anyone arrested, but that he did want to file an information report. R.48, Def. Ex. 10.

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576 F.3d 629, 2009 U.S. App. LEXIS 17843, 106 Fair Empl. Prac. Cas. (BNA) 1806, 2009 WL 2431991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porter-v-erie-foods-international-inc-ca7-2009.