Savoy v. BMW of N. Am., LLC

313 F. Supp. 3d 907
CourtDistrict Court, E.D. Illinois
DecidedJune 4, 2018
DocketNo. 17 C 7225
StatusPublished
Cited by7 cases

This text of 313 F. Supp. 3d 907 (Savoy v. BMW of N. Am., LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Savoy v. BMW of N. Am., LLC, 313 F. Supp. 3d 907 (illinoised 2018).

Opinion

Chief Judge Rubén Castillo, United States District Court *910Plaintiff Michelle Savoy brings this action alleging violations of Title VII of the Civil Rights Act ("Title VII"), 42 U.S.C. § 2000e et seq. , and 42 U.S.C. § 1981 against BMW of North America, LLC ("BMW") and Pinnacle Technical Resources, Inc. ("Pinnacle"). (R. 1, Compl. ¶¶ 86-113.) She also alleges defamation against BMW and James Fox ("Fox"). (Id. ¶¶ 114-30.) Pursuant to Federal Rule of Civil Procedure 12(b)(6), BMW and Fox move to dismiss Plaintiff's Title VII and Section 1981 claims for discrimination, harassment, and hostile work environment. (R. 16, Mot. at 2-3.) For the reasons stated below, the motion to dismiss is denied.

RELEVANT FACTS

Plaintiff is African American and an Illinois resident. (R. 1, Compl. ¶ 4.) BMW is a company that sells cars and other vehicles to a network of dealerships throughout the United States. (Id. ¶ 9.) Plaintiff worked for BMW through Pinnacle, a staffing company through which BMW hired persons on a "contingent" basis until they are hired as permanent BMW employees. (Id. ¶¶ 12-14.) Such contingent workers are not offered benefits available to permanent BMW employees. (Id. ¶ 22.) Plaintiff alleges that the vast majority of BMW's permanent employees are white, and that BMW regularly refuses to promote minority contingent workers to permanent employee positions. (Id. 24-25.)

Plaintiff began working part-time at BMW in 2006, through a staffing agency, for BMW Financial Services. (Id. ¶ 10.) In 2007, Plaintiff began working at BMW full-time as the coordinator for its Central Region Mini Market division. (Id. ¶ 11.) Plaintiff alleges that she received universal praise from her supervisors before July 2016. (Id. ¶¶ 16, 19-20.) BMW, however, never hired Plaintiff as a permanent employee and she instead continued working as a contingent employee through April 17, 2017, at which time she was placed on administrative leave. (Id. ¶ 12.) She claims that BMW refused to hire her as a permanent employee despite being qualified for such a position. (Id. ¶ 26.)

Plaintiff's supervisor in 2013 allegedly advised Plaintiff that she would become a permanent employee, but later notified her that the employee position was given to another BMW employee, who was white, and whose previous job position was being eliminated by BMW. (Id. ¶ 27.) Plaintiff alleges that BMW hired several other white contingent workers for job positions similar to Plaintiff's position, and that BMW has failed to hire African Americans as permanent employees when presented with an opportunity to do so. (Id. ¶¶ 28-29.)

Plaintiff asserts that she regularly experienced or witnessed racial and gender-based discrimination while working at BMW. (Id. ¶ 30.) She alleges that BMW vice president Kevin Coon ("Coon") demanded that Plaintiff or another female cut his coffee cake at a business meeting. (Id. ¶ 32.) Plaintiff also avers that, while reviewing the Central Region Mini Market division's organizational chart, Coon stated that "MINI really is black," and further stated at a fundraiser on Chicago's south side, "what is this, [t]he Chitlin Circuit?" (Id. ¶¶ 33-34 (emphasis in original).) Plaintiff alleges that he also asked another female contingent worker if she "wanted to be spanked," among a "host of other unprofessional, racist[,] and sexist remarks[.]" (Id. ¶¶ 31-35.)

In July 2016, Fox was appointed Regional Business Manager of BMW's Central *911Region, and he became Plaintiff's supervisor. (Id. ¶¶ 36, 40-43.) While Plaintiff was training Fox on budgets in his office, Fox allegedly asked Plaintiff about her age, marital status, how many children she had, and whether all her children had the same father. (Id. ¶ 36.) Plaintiff also alleges that Fox uttered vulgar and profane comments about his sexuality in response to a woman that questioned his sexuality. (Id. ¶ 37.) Fox also allegedly commented about oral sex to other persons working at BMW and, from July 2016 to January 2017, regularly used sexual, demeaning, and profane language. (Id. ¶¶ 38-39.)

In September 2016, Plaintiff allegedly told Fox that she was dissatisfied with BMW's failure to hire minority contingent workers as permanent employees, and that it appeared to her she had not been hired as a permanent employee because of her race. (Id. ¶ 40.) In response, Fox allegedly stated that although Plaintiff did her job well, she would never be hired as a permanent employee. (Id. ¶ 41.) Fox also allegedly said that he was "surprised BMW hasn't been sued," and that "it sucks but that's the price if you want to play" because "[t]hat's just how the Germans operate." (Id. )

Plaintiff claims that she had never complained about discrimination at BMW before September 2016 because others who did complain suffered negative job consequences. (Id. ¶ 42.) Plaintiff alleges that, the day after she complained to Fox about discrimination against minorities, she received-without explanation-a work schedule with reduced hours. (Id. ¶¶ 44-49.) Plaintiff also alleges that Fox disseminated several false explanations for the reduction in Plaintiff's work hours. (Id. ¶¶ 50-52.)

Plaintiff claims that Fox took further actions that negatively affected her, including requesting that she sign a temporary work contract-something that Fox allegedly had not requested of any other worker. (Id. ¶¶ 53-54.) Fox also allegedly began to criticize Plaintiff's performance and delegated her job responsibilities to less-qualified employees and interns. (Id. ¶¶ 55-62.) In October 2016, Fox allegedly accused Plaintiff of fraud related to the hours she had entered on her time cards reflecting the number of hours she worked. (Id. ¶ 63.) Plaintiff claims that these accusations were false. (Id. )

On November 2, 2016, Plaintiff filed a discrimination complaint against Pinnacle and BMW with the U.S. Equal Employment Opportunity Commission ("EEOC"). (Id. ¶ 64; R. 1-1, BMW EEOC Compl.; R. 1-2, Pinnacle EEOC Compl.) Plaintiff's EEOC complaint against BMW states that she believes she had "been discriminated against because of [her] sex, female, and race, Black, and in retaliation for engaging in protected activity[.]" (R. 1-1, BMW EEOC Compl. at 2.) Plaintiff's EEOC complaint is based on BMW's alleged failure to hire her as a permanent employee, having her hours reduced, being wrongly accused of falsifying time sheets, and offering her a temporary work contract. (Id. ) She checked boxes on the EEOC complaint form indicating her belief that BMW's discrimination against her was based on her race, her sex, and BMW's desire to retaliate, and that BMW's discriminatory conduct occurred in November 2016 and continued since that date. (Id. ) Plaintiff included the same language and checked the same boxes in her EEOC complaint against Pinnacle. (R. 1-2, Pinnacle EEOC Compl.

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Bluebook (online)
313 F. Supp. 3d 907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savoy-v-bmw-of-n-am-llc-illinoised-2018.