Ross v. Kansas City Cable Partners

798 F. Supp. 577, 1992 U.S. Dist. LEXIS 9317, 59 Empl. Prac. Dec. (CCH) 41,726, 1992 WL 139624
CourtDistrict Court, W.D. Missouri
DecidedJune 1, 1992
DocketNo. 90-0805-CV-W-8
StatusPublished

This text of 798 F. Supp. 577 (Ross v. Kansas City Cable Partners) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ross v. Kansas City Cable Partners, 798 F. Supp. 577, 1992 U.S. Dist. LEXIS 9317, 59 Empl. Prac. Dec. (CCH) 41,726, 1992 WL 139624 (W.D. Mo. 1992).

Opinion

MEMORANDUM OPINION AND JUDGMENT

STEVENS, District Judge.

Plaintiff alleges race discrimination and retaliatory discharge, both in violation of 42 U.S.C. 2000e-5 (“Title VII”). The ease was tried to the court in a trial lasting two days. Pursuant to Fed.R.Civ.P. 52, the court now makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

1. Plaintiff, Karen Ross, began her employment with defendant American Cablev-ision in October, 1984. She began as a customer service representative and was promoted in January, 1988 to the position of Cable Store Supervisor for American Cablevision’s Olive Street store. As a Cable Store Supervisor, Ross’ supervisor was Anita Johnson, Assistant Manager of Cable Store Operations. Ms. Johnson’s supervisor in turn was Geri Watts, Manager of Cable Store Operations.

2. Each of American Cablevision’s stores conducts an inventory on an annual basis. As Cable Store Supervisor, Ross was responsible for the preparation of the final inventory sheets. Prior to the 1988 yearend inventory, Ross attended a two hour training session on taking inventory.

3. Following that inventory Ross was informed of a note written by Watts. The note was written to Karen Watmore and Rose Dippel, and it concerned Ross’ inventory sheets which contained some mistakes. The note stated:

“Karen and Rose—
I just wanted you to see the last page of the inventory Karen Ross sent me. Can you believe it!!
[578]*578What can I say — you buy ’em books & buy ’em books!!
Geri”

The note was intercepted by Ruth Gilliam who forwarded it to Ross. Gilliam and Ross are both black.

4. Ross became very upset when she received the note because she believed it was racially derogatory. Ross reported the note to her supervisor, Anita Johnson, who is also black.

5. After discussing the note, Ross and Johnson went to the Holmes Street location of American Cablevision to meet with Vicky Heider, Director of Human Relations for defendant. At that meeting they showed Heider the note and plaintiff expressed her concern and distress. Heider then asked Watts to come into the room, at which time Watts immediately apologized to Ross for the note and stated that she did not mean it to be racially derogatory.

6. Watts had verbally made the "buy ’em books” expression at work on other occasions in reference to non-minorities. According to Watts’ testimony, the expression was one that she heard many times when she was growing up and it meant that somebody did not understand or follow something after it had been explained.

7. In response to this incident, Watts gave Ross a formal written apology on January 30, 1989. Watts was also told by her superiors that the note was inappropriate and she was warned that future similar conduct could result in further disciplinary steps.

8. Ross’ relationship with Watts thereafter was professional and cordial, although Ross testified that this was because she still had to work with Watts and therefore get along with her. Heider later followed up with Ross and asked her if she thought the matter had been resolved. Ross indicated that it had.

9. Heider also told Ross that the position of Accounts Receivable Supervisor was open and encouraged her to apply for it. After this conversation and during the process of accepting applications for the position, Heider asked Leandrea Johnson, Human Resources Coordinator, on numerous occasions whether Ross had applied for the job and also had Johnson contact Ross to find out whether she was going to apply.

10. On February 9, 1989, Ross applied for the position of Accounts Receivable Supervisor. Among those who also applied was Melynda Postlethwait (a white female). Ross received the promotion which became effective on March 7, 1989. Her supervisor in the new position was Jackie Woods.

11. The outgoing Accounts Receivable Supervisor was Jeannine Vaughn who had been promoted to the position of Business Manager of Cable Advertising. When Ross later quit American Cablevision in August, 1989, the Accounts Receivable Supervisor position was awarded to Postleth-wait. Vaughn and Postlethwait are close friends, as evidenced by Vaughn being the Maid of Honor in Postlethwait’s wedding. Before the Accounts Receivable Supervisor position was awarded to Ross, Vera Nev-éis, Accounting Clerk, heard Vaughn say that if a certain person was given the position Vaughn was not going to train her.

12. Ross had no formal accounting experience or training prior to becoming Accounts Receivable Supervisor. Similarly, neither Vaughn (her predecessor) nor Post-lethwait (her successor) had accounting experience or training prior to accepting the position.

13. Ross’ training for the position was strictly “on-the-job” and, aside from introductory training from Vaughn on Ross’ first day on the new job, the training was provided on an “as needed” basis upon Ross requesting help. While the testimony was somewhat conflicting on the exact amount of training Ross received, the record supports that, in general, when Ross sought out help she received assistance from various individuals on different occasions for varying lengths of time.

14. Ross received assistance from Vaughn as the predecessor to her position several times during Ross’ first month on the job and on other occasions thereafter. Specifically, Vaughn talked with Ross numerous times about how to prepare the [579]*579monthly cash reconciliation, which is an important part of the Accounts Receivable Supervisor’s job and was something that Ross was having difficulty with. It is clear, however, that Vaughn did not spend a great deal of time with Ross when Ross sought her out and that Ross was sometimes unable to locate Vaughn to ask questions of her. Vaughn's unavailability apparently was caused in part by her having to learn the responsibilities of her new job as well.

15. Ross was also trained by her supervisor, Jackie Woods. In particular, Woods sat down with Ross on three separate occasions to help her understand the cash reconciliation. Ross admitted at trial that Woods never refused her requests for assistance.

16. Ross also asked questions of and received help from Bill Schilling, Data Processing Manager, Tony Smith, Computer Operator, Farideh Amighi, Staff Accountant, and Gayla Hale, Purchasing Clerk. The assistance from these individuals, however, was brief and limited in its scope.

17. Ross also attended a two day training seminar on cable data called “Pay 80 Procedures.” Ross testified, however, that she benefited little from the seminar because the course was too advanced for her.

18. Ross met with Woods on August 31, 1989 to discuss her first semi-annual review in the Accounts Receivable Supervisor position. Prior to that meeting Ross filled out a Self-Appraisal form.

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Bluebook (online)
798 F. Supp. 577, 1992 U.S. Dist. LEXIS 9317, 59 Empl. Prac. Dec. (CCH) 41,726, 1992 WL 139624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-kansas-city-cable-partners-mowd-1992.