Schrader v. E.G. & G. Inc.

953 F. Supp. 1160, 1997 U.S. Dist. LEXIS 1443, 71 Empl. Prac. Dec. (CCH) 44,998, 1997 WL 61018
CourtDistrict Court, D. Colorado
DecidedFebruary 7, 1997
DocketCivil Action 95-B-870
StatusPublished
Cited by6 cases

This text of 953 F. Supp. 1160 (Schrader v. E.G. & G. Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schrader v. E.G. & G. Inc., 953 F. Supp. 1160, 1997 U.S. Dist. LEXIS 1443, 71 Empl. Prac. Dec. (CCH) 44,998, 1997 WL 61018 (D. Colo. 1997).

Opinion

MEMORANDUM OPINION & ORDER

BABCOCK, District Judge.

Plaintiff, Michael Schrader, claims sex discrimination and sexual harassment in violation of 42 U.S.C. § 2000e et seq. (Title VII). In addition, plaintiff asserts a common law claim- for outrageous conduct. Defendants, E.G. & G., Inc., E.G. & G. Rocky Flats, Inc. (Collectively, EG & G), and Janine Wilson, move for summary judgment on all claims. The motion is adequately briefed, and oral argument would not materially assist me in deciding it. For the following reasons, I will grant, in part, and deny, in part, defendants’ motion.

I.

The following facts are undisputed or, if disputed, are viewed in a light most favorable to plaintiff. Plaintiff began working at Rocky Flats in 1981. EG & G took over Rocky Flats in 1990. Sometime in the fall of 1991, while plaintiff was working in the communications department, he began a romantic relationship with his second-line supervisor, Janine Wilson. Plaintiff ended the romantic relationship in November 1992. The break-up prompted a series of actions by Wilson. She began going to plaintiffs office on a regular basis to discuss the relationship and how difficult it was for her to move on with her life. Schrader Depo., pp. 62-64. During those discussions, Wilson often became both emotional and angry. Id.

Wilson’s hostility increased when plaintiff began dating another co-worker, Suzanne Chandler, in early 1993. For example, when Wilson was unable to locate plaintiff after hours, she drove by Chandler’s house and found plaintiffs ear in the driveway. She called plaintiff at home and left a message on his machine in which she berated him with foul language and stated that “this will be the sorriest day of your life.” Schrader Depo., p. *1164 77. At work, Wilson continued to radiate hostility, as she would frequently glare at plaintiff and refuse to speak "with him. Id. at pp. 70-71. During the summer of 1993, Wilson went to Idaho. Upon her return, however, she continued going to plaintiff’s office to tell him that it was difficult for her to see him with another woman. At one point, Wilson told plaintiff that “it wasn’t going to be her that left Rocky Flats.” Schrader Depo., p. 101.

Plaintiff’s supervisor, Roger Miller, noticed Wilson’s hostility toward plaintiff and her interest in his personal life. According to Miller, Wilson would routinely quiz plaintiff about his weekend plans, which would make plaintiff visibly upset. Miller Depo. p. 48-49. Miller told plaintiff that, from his observations, he believed Wilson was sexually harassing him. Miller and plaintiff agreed not to file an internal EEO grievance, however, for fear of retaliation from Wilson. Schrader Depo., pp. 80-81; Miller Depo., pp. 22, 27. In addition, Wilson told Mary Amaral, EG & G’s director of human resources, about her previous relationship with plaintiff. Amaral Depo., p. 27. Amaral did not investigate the situation further at that time, and she did not advise Wilson to stop evaluating plaintiff's performance. Id. at 111-12.

In early 1994, Wilson was informed that Chandler was renting her own video camera to EG & G through a consignment agreement with a third-party. Wilson began an investigation, which eventually included plaintiff. As a result of that investigation, investigators discovered that plaintiff had inaccurately filled out a time card in August 1993 and that he engaged in business ventures outside of work. According to Amaral, falsification of a time card constitutes grounds for immediate termination. Amaral Depo., p. 178.

During the investigation, Miller told Amaral of what he considered Wilson’s harassment of plaintiff. Amaral told him that it was not the first complaint they had heard regarding Wilson. No investigation was conducted into the matter, however. Miller Depo., pp. 68, 90,156.

By a memo signed by Wilson, plaintiff was suspended on March 18, 1994, for (1) using government equipment for personal business, (2) falsification of time cards, and (3) conflict of interest. Pltf.Ex. 2. Plaintiff was terminated on April 19, 1994. The termination was based upon a notice of reprimand signed by Wilson. Pltf.Ex. 4. The reprimand stated that plaintiff was being fired for (1) falsifying his time card on August 16, 1993, (2) failing to accomplish goals during the week of October 11,1993, and (3) failing to disclose private enterprises in compliance with EG & G policies.

Plaintiff contends that the representations he made on his time card were justified. Miller was aware that he would be taking three days off that week, and Miller routinely allowed employees to take compensatory time. Miller Depo., pp. 34, 71. Because plaintiff was working long hours during that period, he considered his time card accurate.

One week before the suspension, Miller told plaintiff that he was the subject of a “witch hunt.” Miller is not aware of any viable reason to fire plaintiff. Rather, he believes that plaintiff’s termination was directly tied to his refusal to continue his relationship with Wilson.

II.

The very purpose of a summary judgment motion is to assess whether trial is necessary. White v. York Int'l Corp., 45 F.3d 357, 360 (10th Cir.1995). Fed.R.Civ.P. 56 provides that summary judgment shall be granted if the pleadings, depositions, answers to interrogatories, admissions, or affidavits show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). The nonmoving party has the burden of showing that there are issues of material fact to be determined. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). A party seeking summary judgment bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, interrogatories, and admissions on file together with affidavits, if any, that it believes demonstrate the absence of genuine issues for trial. *1165 Celotex, 477 U.S. at 328, 106 S.Ct. at 2552-53; Mares v. ConAgra Poultry Co., Inc., 971 F.2d 492, 494 (10th Cir.1992). Once a properly supported summary judgment motion is made, the opposing party may not rest on the allegations contained in his complaint, but must respond with specific facts showing the existence of a genuine factual issue to be tried. Otteson v. U.S., 622 F.2d 516, 519 (10th Cir.1980); Fed.R.Civ.P.

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953 F. Supp. 1160, 1997 U.S. Dist. LEXIS 1443, 71 Empl. Prac. Dec. (CCH) 44,998, 1997 WL 61018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schrader-v-eg-g-inc-cod-1997.