Rutland-Simpson v. Eli Lilly & Co.

940 F. Supp. 2d 504, 2013 WL 1561075, 2013 U.S. Dist. LEXIS 51755, 117 Fair Empl. Prac. Cas. (BNA) 1786
CourtDistrict Court, S.D. Texas
DecidedApril 10, 2013
DocketCivil Action No. M-12-158
StatusPublished

This text of 940 F. Supp. 2d 504 (Rutland-Simpson v. Eli Lilly & Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rutland-Simpson v. Eli Lilly & Co., 940 F. Supp. 2d 504, 2013 WL 1561075, 2013 U.S. Dist. LEXIS 51755, 117 Fair Empl. Prac. Cas. (BNA) 1786 (S.D. Tex. 2013).

Opinion

OPINION AND ORDER

MICAELA ALVAREZ, District Judge.

Pending before the Court is Eli Lilly and Company’s (“Defendant”) motion for summary judgment and supporting memorandum.1 After considering the motion, response, record, and controlling authorities, the Court GRANTS the motion its entirety.

1. Background

Jiea M. Rutland-Simpson (“Plaintiff’) alleges in her first amended complaint that while she was employed by Defendant, she was discriminated against because she was a Black, African-American and because she resisted that discrimination.2 Her Title VII discrimination claims are based in large part on race/color based comments allegedly made by her district manager, Thomas Raborn (“Raborn”), on or about [509]*509November 9, 2010.3 She also claims she was treated differently and subjected to more scrutiny than coworkers who were not in her protected class.4 Plaintiff also alleges that after she filed a complaint with human resources, the discriminatory conduct increased in retaliation to her opposition to the harassment.5 She claims that the discrimination and retaliation culminated in her termination on or about March 3, 2011.6 (The record is unclear about the date of Plaintiffs termination. Defendant’s investigation documents indicate that she was terminated on March 4, 2011.7 But, Defendant’s answer states that March 9, 2011, was the date of termination.8 For the purposes of summary judgment, the Court will treat March 4, 2012, as the termination date.). At a minimum, it appears that both Thomas Raborn, Plaintiffs district manager, and Jaime Preston, a human resources investigator, were the decision makers who decided to terminate Plaintiff.9

Defendant moved for summary judgment on both Plaintiffs Title VII race/col- or discrimination claims and Plaintiffs Title VII retaliation claim, Plaintiff filed a response, Defendant filed a reply, and Plaintiff filed a surreply.10

II. Analysis

“The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”11 Federal Rule of Civil Procedure 56 states in part:

(c) Procedures. (1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.12
A. Plaintiffs Title VII Discrimination Claims

Defendant moves for summary judgment on Plaintiffs Title VII race/color discrimination claims. “Intentional discrimination can be established through either direct or circumstantial evidence.”13 If a plaintiff “presents no direct evidence of discrimination, her claim is analyzed using the framework set forth in McDonnell Douglas Corp. v. Green[.]”14 Therefore, the Court will begin by evaluating whether this is a direct or circumstantial evidence case.

[510]*510For the most part, the parties have approached this as a circumstantial evidence case. Yet, in footnote 4 of Plaintiffs surreply,15 Plaintiff asserts that there is direct evidence of discrimination in the record but does not cite to it. The Court notes that “[j]udges are not like pigs, hunting for truffles buried in briefs.”16 Plaintiffs failure to specifically cite the direct evidence is reason enough for the Court to disregard her direct evidence argument. Furthermore, the Court has found no direct evidence of discrimination in its review of the record. Specifically, the Court finds that the comments allegedly made by Raborn during a field visit on November 9, 2010,17 are the only potential source of direct evidence of discrimination.

Plaintiff testified in her deposition that Raborn made the following statements/inquires: (1) Raborn wanted to know who was Mexican in a doctor’s office, and Plaintiff replied that Mexicans come in all different colors. Raborn then began telling her about a “dark skinned” doctor who ended up being Iranian.18 (2) In response to Plaintiffs story about her daughter who was speaking Spanish because the babysitter was raising her, Raborn said that “[the daughter] can be African-Mexiean.”19 (3) In response to an inquiry from the staff in a doctor’s office, Raborn stated that he did not speak Spanish and that he was “a plain ‘ol Georgia American boy[.]” Raborn then started talking about how the region was mixed. Plaintiff explained in her deposition that by “mixed” Raborn meant “Spanish people and all this.”20 (4) Raborn allegedly called Plaintiff a “Ding Bat.”21 The Court will now consider the legal significance of Raborn’s comments.

The Fifth Circuit has endorsed a four-part test for determining whether comments are direct evidence of discrimination:

[I]n order for comments in the workplace to provide sufficient evidence of discrimination, they must be 1) related [to the protected class of persons of which the plaintiff is a member]; 2) proximate in time to the [complained-of adverse employment decision]; 3) made by an individual with authority over the employment decision at issue; and 4) related to the employment decision at issue.22

To the Court’s knowledge, the term “ding bat” has no racial connotation. The Court will not address that allegation further. As to the comment regarding her daughter, it does not satisfy the four-part test because Plaintiff has not demonstrated that the comment was related to the Plaintiffs termination in March (or any other action of Defendant). The remaining two comments fail for the same reason and because they are not related to the class of which Plaintiff is a member. The Court finds that Plaintiff has failed to produce any direct evidence of discrimination.

Because Plaintiffs discrimination claims are based on circumstantial evidence, the Court will analyze them under the McDonnell Douglas framework.

[511]*511Under this tripartite framework, a plaintiff first must raise a genuine issue of material fact as to all four elements of a prima facie case of discrimination.

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940 F. Supp. 2d 504, 2013 WL 1561075, 2013 U.S. Dist. LEXIS 51755, 117 Fair Empl. Prac. Cas. (BNA) 1786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rutland-simpson-v-eli-lilly-co-txsd-2013.