Roosevelt Simpson v. Diversitech General, Inc.

945 F.2d 156, 1991 U.S. App. LEXIS 22453, 57 Empl. Prac. Dec. (CCH) 40,981, 56 Fair Empl. Prac. Cas. (BNA) 1540, 1991 WL 188211
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 26, 1991
Docket90-3371
StatusPublished
Cited by27 cases

This text of 945 F.2d 156 (Roosevelt Simpson v. Diversitech General, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roosevelt Simpson v. Diversitech General, Inc., 945 F.2d 156, 1991 U.S. App. LEXIS 22453, 57 Empl. Prac. Dec. (CCH) 40,981, 56 Fair Empl. Prac. Cas. (BNA) 1540, 1991 WL 188211 (6th Cir. 1991).

Opinions

NATHANIEL R. JONES, Circuit Judge.

In this employment discrimination action, plaintiff-appellant Roosevelt Simpson appeals the judgment for defendant-appellee Diversitech General, Inc. (Diversitech). For the following reasons, we reverse the judgment below and remand for proceedings consistent with this opinion.

I.

On January 17, 1989, Simpson filed this action against Diversitech alleging discriminatory discharge in violation of Title VII of the Civil Rights Act of 1964. A three day bench trial began on March 1, 1990, and resulted in a judgment in favor of Diversi-tech. The facts of this case are as follows.

[157]*157Simpson began employment with Diversi-tech in July 1970. He worked as an embosser at Diversitech’s Toledo facility. The facility produces vinyl-coated fabric and upholstery for automotive and furniture applications. During his employment with Diversitech, Simpson was disciplined three times for violations of company rules and regulations. The third incident resulted in his dismissal.

The first incident for which Simpson was disciplined occurred on October 1,1986. At that time, he was responsible for running vinyl covering through the embossing process. Before embossing the vinyl, Simpson was required to take a sample of vinyl covering to the quality control laboratory for inspection. When he took the sample of vinyl covering to the laboratory, he also brought a “hardboard” which contained the specifications against which the sample would be checked. While waiting at the laboratory, Simpson engaged in a conversation with Allen Haley, a white male and the stepson of William Dudgeon, Diversitech’s Director of Human Relations. Simpson apparently requested that Haley share with him the food he was eating and Haley refused. Simpson then made a derogatory remark about Haley’s Catholicism after which Haley referred to him as a “nigger.” Haley called Richard Ruckman and informed him that Simpson was being disruptive and would not leave the lab. Ruck-man, a white male, was the third shift superintendent and thus the third ranking company official on the third shift.

Before Ruckman arrived, Simpson left the laboratory with the hardboard. Pat Poirier, also a white male and a good friend of Haley, followed Simpson in order to get the hardboard from him. An altercation occurred between Simpson and Poirier at the latter’s work station over Simpson’s refusal to relinquish the hardboard. Simpson “grabbed Poirier, squeezed him, and let him go.” Poirier obtained a copy of a production ticket from a nearby desk and returned to the lab. The production ticket contained the same specifications on the hardboard. Later, upon being approached at his workstation and requested by Ruck-man to hand over the hardboard, Simpson denied that he had it. He had actually placed the hardboard in the trash can near his work station, allegedly so that Haley could not hide it and blame the loss on Simpson. Ruckman did not take any disciplinary action but merely noted the incident in his log.

After the shift ended, Poirer called David Baransky, Diversitech’s Industrial Relations Coordinator, and reported the incident. Poirer demanded that some action be taken against Simpson. Normally, such an incident would be investigated by Dudgeon. But because he was Haley’s stepfather, Dudgeon disqualified himself from the disciplinary inquiry. Baransky conducted an investigation and thereafter instructed Ruckman to issue an adverse personnel report on Simpson. Sometime before Ruckman issued the report, Baransky suspended Simpson for thirty days. The latter filed a grievance challenging his suspension and a hearing was held on October 2 and 3, 1986. Representing Simpson at this hearing was a union representative. Notes were taken by Diversitech and the union. The minutes do not reflect that racial slurs or racial discrimination were alleged at the disciplinary hearing. Following the disciplinary hearing, Baransky concluded that Simpson was guilty of insubordination and disruption and ordered that Simpson be suspended for seven days, rather than thirty, with any further incident resulting in termination. Haley was not disciplined for the incident. The district court found that “Ruckman played no role in the discipline that resulted from [this] incident.”

The second disciplinary incident occurred on February 16, 1987. Ruckman observed Simpson taking a break in an area that was not Simpson’s assigned break area. Ruck-man told him to leave and return to his assigned area. Simpson refused and demanded that his union representative be called, contending that he had the company’s permission, via an earlier incident, to have his break in the area in question. After sending Simpson home for the remainder of his shift, Ruckman filed an adverse personnel report. Upon reviewing the report, Baransky discharged Simpson. [158]*158This action led to the filing of a grievance which was denied by Diversitech. The company then offered to reinstate Simpson if he agreed to sign a Last Chance Agreement. In exchange for reinstatement, Simpson agreed in the Last Chance Agreement not to be involved in any similar incident in the future. The agreement provided that any similar conduct by the appellant would result in termination.

The third and final disciplinary incident involving Simpson occurred on June 18, 1987. He was observed by Jerry Swartz, the tolex supervisor, in the tolex department. Simpson testified that he was there in an attempt to make sure that a new employee knew her way around the plant. Swartz directed him to return to his work station. Rather than complying with Swartz’s instructions, the record shows that Simpson began arguing with him. Furthermore, Swartz testified that Simpson poked him in the nose while gesturing. Simpson denies it, but countered that Swartz called him a “nigger,” which Swartz denies. The district court, however, found Swartz’ testimony more credible. Ruckman and a union steward, David Massie, were called and when Swartz began to explain the incident to them Simpson began to walk away, refusing to remain though requested to do so by Ruck-man. Simpson was suspended subject to discharge and later permanently discharged.1 A grievance was filed which was denied and later upheld by an arbitrator.

Ruckman often referred to Simpson as a “nigger” and a “lazy nigger.” Moreover, the testimony of plaintiff’s witnesses also testified that Ruckman often followed black employees around looking for an opportunity to cite them for company violations.

Although the court concluded that Ruck-man played no role in the first incident, the court found that he had initiated the disciplinary proceedings leading to the Last Chance Agreement, which led to the discharge in June 1987. Thus, the trial court found that this was a mixed-motives case but concluded that Diversitech had carried its burden of showing that Simpson would have been discharged even absent the racial animus. This appeal followed.

II,

In McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981), the Supreme Court set forth the basic allocation of burdens of proof in a Title VII case alleging discriminatory treatment.

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945 F.2d 156, 1991 U.S. App. LEXIS 22453, 57 Empl. Prac. Dec. (CCH) 40,981, 56 Fair Empl. Prac. Cas. (BNA) 1540, 1991 WL 188211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roosevelt-simpson-v-diversitech-general-inc-ca6-1991.