Rennard v. Woodworker's Supply, Inc.

101 F. App'x 296
CourtCourt of Appeals for the Tenth Circuit
DecidedJune 9, 2004
Docket03-8031
StatusUnpublished
Cited by16 cases

This text of 101 F. App'x 296 (Rennard v. Woodworker's Supply, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rennard v. Woodworker's Supply, Inc., 101 F. App'x 296 (10th Cir. 2004).

Opinion

ORDER AND JUDGMENT *

EBEL, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. See Fed. RApp. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Plaintiff-appellant Nancy H. Rennard appeals the summary judgment entered by the district court in favor of her former employer, defendant-appellee Woodworker’s Supply, Inc. (WSI), on her claims for hostile work environment sexual harassment, retaliation, and constructive discharge under Title VII of the Civil Rights Act, 42 U .S.C. §§ 2000e to 20006-17. 1 We *298 exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

I. BACKGROUND

Unless otherwise noted, the following facts are undisputed or are as alleged by plaintiff.

Plaintiff began working at WSI’s facility in Casper, Wyoming on September 11, 2000. See Aplt.App. at 43 (pp. 14-15). On that day, she signed a document entitled “Important Policies,” which stated as follows:

[WSI] will not tolerate sexual or ethnic/racial harassment of or by any employee. Any occurrence of such harassment must be reported to the Personnel Manager or President in writing within one week. All reports will be promptly investigated with due regard for the privacy of all involved persons. Any employee found to have so harassed a fellow-employee or subordinate would be subject to severe discipline or discharge. We will not retaliate against any employee who makes a good faith report of alleged harassment.
Failure to report activity that you consider sexual harassment in accordance with the above is a violation of company rules and, as such, could subject you to discipline or dismissal.

Id. at 47 (pp. 31-32), 70.

On two separate occasions in October and November 2000, while on the job at WSI, plaintiff discovered that an unknown person or persons had put a pornographic picture of a naked man in her coat pocket. Id. at 49-50 (pp. 41-45). On two separate occasions during this same time period, plaintiff also discovered that an unknown person or persons had placed a condom in her coat pocket. Id. Although plaintiff informed a coworker about the second condom incident, she did not report any of these incidents to anyone in management at WSI. Id.

Towards the end of November, plaintiff discovered another condom in her coat pocket. Id. at 50 (p. 45). As with the prior incidents, plaintiff did not know who placed the third condom in her coat pocket. Id. (pp. 45-46). However, a day or two before she found the third condom, one of her co-workers, Larry Rogers, had cornered her in WSI’s showroom and demanded that she give him a back rub. Id. (pp. 46-48). Prior to the back rub incident, plaintiff alleges that Rogers had also engaged in the following behavior: (1) he called her “Frenchie,” id. at 50-51 (pp. 48-52), and on one occasion he explained to another coworker in her presence that he did so because she is “half French and ... French women could do a lot of good things to a man’s body;” id. (p. 50); (2) on one occasion he tried to engage her in a discussion about a sex toy magazine, id. at 53 (pp. 62-64); and (3) on several occasions he asked her to jump up and down, specifically stating on at least one occasion that he wanted to see her breasts bounce up and down, id. at 54 (pp. 65-67).

Prior to the back rub incident in late November, while she found his conduct to be offensive, plaintiff did not consider Rogers’ conduct towards her to be sexual harassment. Id. at 52 (pp. 53-54), 54 (pp. 66-67), 59 (pp. 93-95). As a result, plaintiff did not report any of the pre-back rub incidents to anyone in management at WSI, and this was a voluntary decision on her part. Id. at 52 (pp. 54-55), 53-54 (pp. 64-67), 58 (p. 82). However, on December *299 1, after finding the third condom in her coat pocket, which she apparently found on November 30, plaintiff reported the finding to her immediate supervisor, Chris Sulzen. Id. at 50 (pp. 45-46), 53 (p. 61). Sulzen immediately reported the incident to Susan Miller, the Human Resources Director at WSI’s Casper facility, and plaintiff then met with Miller on December 1. Id. at 53 (pp. 61-62).

During the meeting with Miller, plaintiff told Miller about each of the incidents involving condoms and pornographic pictures and about each of the offensive incidents involving Rogers, and she stated that she believed that Rogers was probably the person who had placed the condoms and pictures in her coat pocket since his offensive conduct coincided with the appearance of the pictures and condoms. Id. at 53 (pp. 62-63), 59 (pp. 93-95), 199. Plaintiff also suggested that another coworker, Justin Achenbach, might be responsible for planting the condoms and pornographic pictures. Id. at 199. Plaintiff suggested this because she believed that Achenbach “may have reason to lash out at women,” although she also stated that she did not “think it’s really [Achenbach].” Id.

Duane Prather, the Operations Manager at WSI’s Casper facility, attended at least part of the meeting with plaintiff and Miller on December 1. Id. at 54 (pp. 67-68). Plaintiff claims that Miller and/or Prather informed her during the meeting on December 1 “that Larry had been in trouble before, and that what he had done there, even if they couldn’t prove he was the owner of the condoms but by his remarks he would be fired immediately.” Id. at 54 (p. 68). Following the meeting with Prather and Miller, plaintiff returned to work and finished her shift for that day without encountering any problems with Rogers. Id. at 54-55 (pp. 68-70). There is no indication in the record that either Miller or Prather took any further action on December 1 concerning plaintiffs allegations regarding Rogers and Achenbach.

On the following day, December 2, a Saturday, plaintiff was at work in WSI’s warehouse. Id. at 55 (p. 70). According to plaintiff, she was bending over to write on an item of stock “when [Rogers] came from somewhere, ... and he took his hands and wiggled just under the inside of my pants.” Id. (pp. 70-71). Plaintiff claims that she “immediately stood up and gave him a dirty look, and he was laughing.” Id. (p. 71). After Rogers left the area, plaintiff immediately reported the touching incident to Tracy Vigo, an assistant manager. Id. at 55 (p. 72), 212 (pp. 13-15). After he arrived at work later that day, plaintiff also reported the incident to Prather. Id. at 56 (p. 73).

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Bluebook (online)
101 F. App'x 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rennard-v-woodworkers-supply-inc-ca10-2004.