Reine v. Honeywell International Inc.

362 F. App'x 395
Court of Appeals for the Fifth Circuit·Decided January 21, 2010·No. 09-30030·Unpublished·Cited by 15 cases

Opinion

PER CURIAM: *

In this Title VII case, Laurie Reine alleges sex discrimination and retaliation by her employer, Honeywell International Inc. The district court granted summary judgment in Honeywell’s favor, determining that Reine had not created any genuine issue of material fact on either claim. We AFFIRM.

Reine began working as an operator at Honeywell in 1994 at its Hydrofluoric Acid Unit in Geismar, Louisiana. In July of 2002, Reine was promoted to relief backup board operator and transferred to the “D” shift under the supervision of John Gau-treau, for whom she worked until July of 2005. During that time, Reine contends that Gautreau made a number of discriminatory statements. She does not allege that Gautreau engaged in any inappropriate touching or sexual advances.

Reine asserts that Gautreau was rude, offensive, and harsh. She cites a number of instances where he used inappropriate language and made overtly personal remarks about Reine’s abilities and performance, though only a few of these made any reference to her sex. Reine was able to identify 15-20 instances of harassment in her three years on Gautreau’s shift. Reine also introduced evidence that Gau-treau treated other female employees and her African-American co-workers quite poorly. She provided deposition testimony that Gautreau displayed similarly demeaning behavior towards all of his subordinates, including several white males.

In approximately February 2005, Reine complained to management about Gau-treau’s actions. She met with Honeywell’s *397 Operations Manager, Plant Manager, and Human Resources Manager. The company conducted an investigation. Gautreau admitted to making two of the statements. Honeywell required Gautreau to attend coaching sessions for his behavior. In July 2005, Reine was promoted and transferred away from Gautreau’s supervision.

Reine further claims that Honeywell engaged in unlawful retaliation after she complained about Gautreau’s behavior. She alleges that she was denied a bonus in late 2005, and that Gautreau failed to call her for overtime around the same period. Reine also asserts that she was denied promotions in March and October of 2005, as well as in mid-2006.

We review a grant of summary judgment de novo, applying the same standard as the district court. Noble Energy, Inc. v. Bituminous Cas. Co., 529 F.3d 642, 645 (5th Cir.2008). “In determining whether a genuine issue as to any material fact exists, [the court] must view the evidence in the light most favorable to the nonmoving party.” Fahim v. Marriott Hotel Servs., Inc., 551 F.3d 344, 348-49 (5th Cir.2008).

Reine seeks relief under Title AHI, arguing Gautreau’s behavior created a “hostile work environment” at Honeywell. A hostile work environment claim arises in cases where harassment occurred, but no tangible adverse employment action was taken. Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 753-54, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998). If an employee proves a hostile work environment claim against her immediate supervisor, the employer is subject to vicarious liability. Id. at 765, 118 S.Ct. 2257.

A plaintiff who alleges a hostile work environment claim pursuant to Title AHI must typically prove five elements: (1) she belongs to a protected class; (2) she was subjected to unwelcome harassment; (3) the harassment was based on sex; (4) the harassment affected a term, condition or privilege of employment; and (5) the employer knew or should have known of the harassment and did not take prompt remedial action. LeMaire v. La. Dep’t of Transp. & Dev., 480 F.3d 383, 393 (5th Cir.2007). Proof of the fifth element is not required where, as here, the purported harasser is a supervisor. Id. at 393 n. 2.

The district court in this case concluded that Reine was unable to prove that Gau-treau’s treatment was “based on sex” as required by the third element.

The “critical issue” in determining whether workplace activities constitute harassment based on sex is “whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 80, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998) (citation omitted). “Title AHI is not a shield against harsh treatment at the workplace; it protects only in instances of harshness disparately distributed.” Jackson v. City of Killeen, 654 F.2d 1181, 1186 (5th Cir.1981).

Reine’s allegations easily prove that Gautreau was insulting and demeaning. More must be shown, though: did Gautreau’s behavior evidence a specific discriminatory animus against Reine because of her sex? Reine’s evidence itself undercuts any inference of sex discrimination. Testimony from numerous employees—male and female—demonstrates that Gautreau was an “equal opportunity” harasser. AVhen the conduct is equally harsh towards men and women, there is no hostile work environment based on sex. See Butler v. Ysleta Indep. Sch. Dist., 161 F.3d 263, 270-71 (5th Cir.1998).

This high standard for judging hostility is specifically intended to prevent Title AHI *398 from becoming a “general civility code” for the workplace. Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) (citation omitted). Reine bore the burden to prove that Gau-treau’s behavior towards female employees was more sevei’e than his treatment of males in the same position. See Oncale, 523 U.S. at 80, 118 S.Ct. 998. She has not done so.

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Reine v. Honeywell International Inc., 362 F. App'x 395 (5th Cir. 2010).

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