Steinbarth v. Whole Foods Market

72 F. Supp. 3d 916, 2014 U.S. Dist. LEXIS 156486, 125 Fair Empl. Prac. Cas. (BNA) 153, 2014 WL 5707357
District Court, N.D. Illinois·Decided November 5, 2014·No. Case No. 11 C 8537·Published·Cited by 4 cases

Opinion

MEMORANDUM OPINION AND ORDER

MILTON I. SHADUR, Senior United States District Judge

Ralph Steinbarth (“Steinbarth”) has brought a complaint charging his former employer, Whole Foods Market (“Whole Foods”), with two counts of discrimination: a failure to promote him on the basis of race in violation of 42 U.S.C. § 19811 and the creation of a hostile work environment due to his race and national origin in violation of Title VII of the Civil Rights Act of 1964 as amended (“Title VII,” Sections 2000e to 2000e-17). Steinbarth also advances a third count charging retaliation in violation of Section 1981.2 Whole Foods has moved for summary judgment under Fed. R. Civ. P. (“Rule”) 56 on all three [920] counts, and its motion has been fully-briefed. For the reasons stated here, its motion is granted.

Summary Judgment Standard

Every Rule 56 movant bears the burden of establishing the absence of any genuine issue of material fact (Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).3 For that purpose courts consider the evidentiary record in the light most favorable to non-movants and draw all reasonable inferences in their favor (Lesch v. Crown Cork & Seal Co., 282 F.3d 467, 471 (7th Cir.2002)). But a nonmovant must produce more than “a mere scintilla of evidence” to support the position that a genuine issue of material fact exists (Wheeler v. Lawson, 539 F.3d 629, 634 (7th Cir.2008)) and “must come forward with specific facts demonstrating that there is a genuine issue for trial” (id.). Ultimately summary judgment is warranted only if a reasonable jury could not return a verdict for the nonmovant (Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). What follows is a summary of the facts,4 viewed in the light most favorable to nonmovant Steinbarth.

Factual Background

From mid-2008 until his termination in early 2010 Steinbarth was a team member in the meat department at Whole Foods’ Lincoln Park store (W.F. St. ¶ 2). Stein-barth identifies himself as German, Jewish, Polish, Cuban and Puerto Rican with Spanish roots (S. St. ¶ 1; W.F. St. ¶ 1). Steinbarth asserts that his team leader Augustin Murillo (“Murillo”) discriminated against him because of both his German Jewish background and his Puerto Ri-can/Spanish background (Complaint ¶¶ 10-11, 18, 21). While Steinbarth’s Hispanic “roots” (Steinbarth Dep. 17:20) trace back to Europe and specifically to Spain (W.F. St. ¶ 1)-, Murillo is of Mexican national origin (id. ¶ 5).

Murillo transferred to Whole Foods Lincoln Park in early 2009, after Steinbarth was already working there (W.F. St. ¶ 4). Shortly thereafter (Steinbarth Dep. 51:24-52:3) Whole Foods appointed Murillo the team leader for the meat department (W.F. Resp. ¶ 1). In that capacity his responsibilities included scheduling team members, ordering inventory, reviewing team members and training them (Murillo Dep. 10:16-10:19).

In late May 2009 Whole Foods Lincoln Park moved its store to another location in the community (Walsh Aff. ¶ 10). One day while setting up for that move in early February, Steinbarth and Murillo had a series of conversations in which Stein-barth’s background arose several times (S. Resp. ¶¶ 4^11). More specifically, Murillo overheard Steinbarth speaking Spanish and commented that he had thought Stein-barth was “güero,” which means “white” or “whitey” in Spanish (W.F. St. ¶ 5). Murillo asked Steinbarth about his heritage, and [921] Steinbarth told Murillo that he was German, Jewish, Polish and Spanish (id ¶ 6). Steinbarth also asserts that at that point he also told Murillo that he had Puerto Rican roots (W.F. Resp. ¶ 1).

When Murillo learned that Steinbarth was Jewish, Steinbarth explained that although he was sure he had “Jewish blood,” he did not practice Judaism (S. Resp. ¶ 7). Murillo repeated “Judio,” which means Jewish in Spanish (id.), and said “you must be a Jew, you have Jewish blood” (W.F. Resp. ¶ 1). According to Steinbarth Murillo had a “look of disgust on his face,” “a very sour look” “as if he had bit into a lemon” (id.). Murillo also allegedly stated that the Spanish raped the Mayans (S. Resp. ¶ 7). That same day Steinbarth and Murillo also discussed Steinbarth’s family company, La Preferida, with Steinbarth stating that if Murillo ate beans he most likely bought beans manufactured by that company (W.F. St. ¶ 8). Steinbarth says that Murillo initially refused to believe that was the case, but Steinbarth told Murillo to research the company online, and later that afternoon Murillo conceded that Steinbarth was correct (W.F. Resp. ¶¶ 6-7; Steinbarth Dep. 67:2).

Promotion to Meat Cutter Apprentice

In late January or early February of 2009 Steinbarth requested a “job dialogue” with Murillo (S. Resp. ¶ 13) — effectively an employer review that is formally initiated by the employee (id. ¶ 12) but that is expected to occur about every six months (Steinbarth Dep. 36:19). Murillo had a backlog of job' dialogues to complete (W.F. St. ¶ 14; Murillo Dep. 30:8-30:13), so that Steinbarth’s first review was not completed until April (S. Resp. ¶ 13). During that job dialogue Steinbarth expressed his desire to become a meat cutter (S. St. ¶ 11), a more advanced role in the meat department that carries a pay raise- (Gutierrez Dep. 17:4-17:5). To become a meat cutter inexperienced candidates such as Stein-barth first had to train formally as meat cutter apprentices (W.F. St. ¶ 20), a job that also carries a pay raise (S. Resp. ¶ 23). When Steinbarth voiced his desire to become a meat cutter, Murillo told him that he would have to wait for a position to open but that once another employee, Carlos, completed his meat cutter apprenticeship, Steinbarth could begin one (W.F. St. ¶ 20). In fact, according to Steinbarth, the two prior team leaders had told him the same thing (Steinbarth Dep. 85:3-85:5).

Despite his clearly voiced interest, Steinbarth never became either a meat cutter apprentice or a meat cutter. Importantly, he admits that he never filed a formal paper application for the job, for he never saw any openings for inexperienced meat cutters (W.F. St. ¶¶ 21-22).

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Steinbarth v. Whole Foods Market, 72 F. Supp. 3d 916, 2014 U.S. Dist. LEXIS 156486, 125 Fair Empl. Prac. Cas. (BNA) 153, 2014 WL 5707357 (N.D. Ill. 2014).

72 F. Supp. 3d 916 (Steinbarth v. Whole Foods Market) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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