Redford v. KTBS, LLC

135 F. Supp. 3d 549, 2015 WL 5708218
CourtDistrict Court, W.D. Louisiana
DecidedSeptember 28, 2015
DocketCivil Action No. 5:13-cv-3156
StatusPublished
Cited by3 cases

This text of 135 F. Supp. 3d 549 (Redford v. KTBS, LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Redford v. KTBS, LLC, 135 F. Supp. 3d 549, 2015 WL 5708218 (W.D. La. 2015).

Opinion

MEMORANDUM RULING

ELIZABETH ERNY FOOTE, District Judge. '

Before the Court is a motion for summary judgment by thé Defendants, KTBS, L.L.C. (“KTBS”), George Sirven (“Sir-ven”), and Randy Bain (“Bain”), seeking to dismiss sill claims made by the Plaintiff,' Chris Redford (“Redford”).1 For the reasons stated herein, the Defendants” motion for summary judgment will be.GRANTED in part and DENIED in part.

I. Factual and Procedural Background

Redford, a white male, was hired by KTBS in April of 2001 to be an on-air crime reporter. In 2008, Redford created a Facebook page.2 On August 30, 2012, a KTBS employee, Adam Berhiet (“Ber-hiet”), sent an email to the entire KTBS news department, including Redford, describing the KTBS social media policy.3 The KTBS social media policy states that when an employee sees complaints from viewers, he or she should “not ... respond at all.”4 The policy also states that “[i]f you chose [sic] to respond to these complaints, there is only one, proper response: Provide them with George’s contact information, and tell them that he would be glad to speak with them about their concerns. Once again, this is the only proper response.”5 On October 10, 2012, KTBS held a mandatory news department meeting, which Redford attended, wherein a [554]*554reporter named Eric James spoke .about Facebook generally, while Berhiet talked specifically about the KTBS. social media policy.6 ,. .

On November 15, 2012, Redford wrote the following comment on his Facebook page:

Some moron had to go and comment under this story in the KTBS story. The only intelligent thing he had to ask was, “D.oes Bob Griffith, still play with hamsters? ?” I get so damn tired of stupid , people.' What, the heck purpose does that serve? ? Casey Eord is his name. Sorry, but that crap just gets on my last nerve.7

Sirven, the KTBS general .manager, was notified by a viewer about Redford’s Face-book post, and on November 28, 2012, Bain, the KTBS news director, fired Redford.8 Nick Caloway, a white male,' replaced Redford as the on-air crime reporter.9

' On the same day that Redford was fired, Rhonda Lee (“Lee”), a black female, was also fired for violating the social media policy.10 Lee was an on-air KTBS personality who responded at least three times to negative viewer comments on the official KTBS Facebook page.11 After each of her violations of the social média policy, Lee received warnings from • management.12 Similarly, anothér on-air personality, Sarah Machi (“Machi”), responded negatively to a KTBS viewer’s comment on her personal Facebook page.13 Machi, a white female, was not warned or disciplined for her Facebook post.14

On August 29, 2013, Redford submitted an intake questionnaire to the EEOC, alleging discrimination based upon his race and sex, and the EEOC issued a dismissal and notice of rights letter on February 3, 2014.15 Redford filed a complaint in this Court on November 28, 2013.16 The Defendants filed the instant motion for summary judgment, which Redford opposes.17

11. Summary Judgment Standard

' Summary judgment is proper pursuant to Rule 56 of the Federal Rules of Civil Procedure “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.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). Rule 56(c) “mandates the entry of summary judgment, after adequate time for discovery 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 case, and on which that party will bear the burden of proof at trial.” Id. If the party moving for. summary judgment fails to satisfy its initial burden of demonstrating the absence of a genuine issue of material fact, the motion must be denied, regardless of the nonmovant’s response. See Little, v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th [555]*555Cir,1994). If the motion is properly made,however, Rule 56(c) requires the nonmov-ant to go “beyond the pleadings and designate specific facts in the record showing that there is. a genuine issue for trial.” Wallace v, Texas Tech. Univ., 80 F.3d. 1042, 1047 (5th Cir.1996) (citations omitted). While the nonmovant’s burden may not be satisfied by conclitsory allegations, unsubstantiated assertions, metaphysical doubt' as to the facts, or a scintilla of evidence, Little, 37 F.3d at 1075, Wallace, 80 F.3d at 1047, all factual controversies must be resolved in favor of the nonmovant. Cooper Tire & Rubber Co. v. Farese, 423 F.3d 446, 456 (5th Cir.2005).

III. Law and Analysis

Redford has alleged that the Defendants have violated 42 U.S.C. §§ 1981 and 2000e and various state laws. The Defendants contend that Redford’s claims should be dismissed because he failed to exhaust his administrative remedies under Title VII, and because he cannot establish a prima facie case of discrimination, defamation, intentionál infliction of emotional distress, or any other supplemental state law claims.18 The Court will address each of these arguments below.

A. EEOC Charge of Discrimination

The Defendants argue that Redford failed to exhaust his administrative remedies because he never signed and returned the Equal Employment Opportunity Commission’s (“EEOC”) verified charge of discrimination. Redford contends that he never received the EEOC’s verified charge, and because the Defendants had notice of his Title VII discrimination charge, he should not be penalized for failing to submit the verified discrimination charge.19

In an employment discrimination case, a plaintiff must exhaust all of his administrative remedies before he can file suit in federal court. See Taylor v. Books A Million, Inc., 296. F.3d 376, 379 (5th Cir.2002). Specifically, to maintain a Title VII action, an employee must first file a charge of discrimination .with the EEOC within 180 days of the alleged . unlawful employment practice and receive the statutory notice of right to sue.20 42 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
135 F. Supp. 3d 549, 2015 WL 5708218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redford-v-ktbs-llc-lawd-2015.