Rhodes v. Professional Transportation, Inc.

3 F. App'x 515
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 9, 2001
DocketNo. 00-2500
StatusPublished
Cited by2 cases

This text of 3 F. App'x 515 (Rhodes v. Professional Transportation, 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
Rhodes v. Professional Transportation, Inc., 3 F. App'x 515 (7th Cir. 2001).

Opinion

ORDER

Penny Rhodes sued her former employer, Professional Transportation, Inc., for retaliatory discharge in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., after she filed sexual harassment charges against two employees of CSX, a major client of Professional. A magistrate judge presiding by consent granted summary judgment for Professional, concluding that Rhodes may have failed to establish a prima facie case of retaliation and, in any event, failed to demonstrate that Professional’s proffered reasons for terminating her were pretextual. We affirm.

Rhodes began her employment with Professional in April 1997. Professional provides ground transportation to railroad employees in several states, including Indiana, where Rhodes worked at the com[518]*518pany’s Garrett office. She started as a van driver, transporting railroad employees on a daily basis. After five months she was promoted to the position of Division/Local Manager. At all times during Rhodes’ employment, Glenn Hensley served as the Regional Manager; David DeTar, as the General Manager; and Robert Tevault, as the Vice President of Operations. Rhodes primarily reported to Hensley but was to follow the instructions of all levels of upper management.

In November 1997, two employees of CSX Transportation, a railroad company and Professional’s only client at its Garrett location, made sexually graphic and threatening comments to Rhodes that were overheard by her husband, who is also a CSX employee. Rhodes’ husband reported the incident to a CSX manager, who then passed this information on to a CSX human relations employee, Robin Scherch. Scherch asked Rhodes to file a formal complaint against these two CSX employees in December 1997, and Rhodes did so. As a result, CSX launched an investigation and eventually reprimanded the two employees. But during the course of the investigation, one of Rhodes’ harassers and another CSX employee in turn filed complaints against Rhodes for using profane and sexual language, and for inappropriately touching CSX employees. This information was passed on to Professional’s vice president of operations, Tevault. Te-vault met with CSX officials in Florida concerning these reports in March 1998. At the conclusion of that meeting, Tevault telephoned Rhodes, who admitted having used profane and sexually graphic language during conversations with CSX employees and also to having touched several CSX employees inappropriately. Tevault verbally admonished her that this kind of behavior would not be tolerated.

The next day, Tevault learned that Rhodes had again attempted inappropriate contact with a CSX employee, and that she had refueled a Professional van with the engine running and while CSX employees were seated in the vehicle. Upset by these reports, Tevault contacted Hensley and DeTar in order to get their assessment of Rhodes’ job performance. Upon learning that Hensley and DeTar had lately been dissatisfied with Rhodes’ performance and believing that fueling a running vehicle was a violation of state law, Tevault sent a letter to Rhodes in which he explained his concerns about her continued use of profanity and sexual innuendo, her attempt to inappropriately touch a CSX employee on March 13, 1998 despite his directive the day before to stop that behavior, and her unsafe practice of refueling a van with the engine running. In that letter, Tevault offered Rhodes the option of resigning Rhodes declined to resign and was terminated on March 14,1998.

Rhodes filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), alleging that Professional had terminated her because she had filed a sexual harassment complaint against the two CSX employees. After an investigation, the EEOC concluded that the facts did not substantiate any retaliation by Professional and issued Rhodes a right-to-sue letter. Rhodes brought suit in July 1999 in the Northern District of Indiana, and the parties consented to entry of judgment by a magistrate judge. See 28 U.S.C. § 636(e). In granting the defendant’s motion for summary judgment, the court expressed doubt that Rhodes had established a prima facie case of retaliation, specifically on the question whether a causal connection existed between her termination and her prior complaint of sexual harassment. In any event, the magistrate judge concluded that, even if Rhodes had shown a prima facie case of retaliation, she [519]*519had not offered evidence establishing a material dispute concerning whether the reasons Professional gave for terminating her were pretextual.

To demonstrate a prima facie case of retaliatory discharge, Rhodes needed evidence that 1) she engaged in protected activity under Title VII when she complained of sexual harassment by CSX employees, 2) Professional took adverse employment action against her, and 3) there was a causal connection between her termination and the prior complaint of sexual harassment. See King v. Preferred Technical Group, 166 F.3d 887, 892 (7th Cir.1999). In our de novo review of the grant of summary judgment, we review the evidence in the light most favorable to Rhodes and draw all inferences in her favor. See Jordan v. Summers, 205 F.3d 337, 341 (7th Cir.2000).

Professional gave five reasons why Rhodes was terminated: 1) she used profanity at work after being told that it would not be tolerated, 2) she engaged in inappropriate touching of male CSX workers, 3) she violated company policy by refueling a van while it was running, 4) she performed her job duties poorly, and 5) she harmed Professional’s relationship with CSX because of her negative behavior. Because Professional offered several reasons for terminating her, Rhodes was required to demonstrate that every reason offered was pretextual. See Ghosh v. Indiana Dept. of Envtl. Mgmt., 192 F.3d 1087 (7th Cir.1999) (“When the defendant offers multiple reasons for its employment decision, the plaintiff must show that all of the proffered reasons are pretextual in order to reverse the district court’s grant of summary judgment.”). We agree with the magistrate judge that Rhodes did not demonstrate that all of the reasons offered for her termination were pretextual.

First, although Rhodes admitted using profanity at work, she argues that her speech patterns were no more vulgar than those of any other employee. Rhodes’ burden, however, was not to show that her behavior was typical of other Professional employees, but rather that Professional’s reason for firing her was “a lie or completely lacks a factual basis.” Jordan, 205 F.3d at 343 Rhodes’ evidence that she was not the only one using profanity does not rebut Professional’s explanation that she continued to use profanity even after she was specifically warned to stop and does not excuse her failure to follow her employer’s instructions Rhodes responds to Professional’s second reason for termination, the inappropriate touching of CSX employees, the same way.

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Bluebook (online)
3 F. App'x 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhodes-v-professional-transportation-inc-ca7-2001.