Stephen Ezell v. John E. Potter, Postmaster General

400 F.3d 1041, 2005 U.S. App. LEXIS 4322, 86 Empl. Prac. Dec. (CCH) 42,007, 95 Fair Empl. Prac. Cas. (BNA) 689, 2005 WL 602958
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 16, 2005
Docket03-4099
StatusPublished
Cited by181 cases

This text of 400 F.3d 1041 (Stephen Ezell v. John E. Potter, Postmaster General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stephen Ezell v. John E. Potter, Postmaster General, 400 F.3d 1041, 2005 U.S. App. LEXIS 4322, 86 Empl. Prac. Dec. (CCH) 42,007, 95 Fair Empl. Prac. Cas. (BNA) 689, 2005 WL 602958 (7th Cir. 2005).

Opinion

ILANA DIAMOND ROVNER, Circuit Judge.

Stephen Ezell, a longtime employee of the United States Postal Service, sued his employer for race, gender and age discrimination. He contended that he was treated in a disparate manner based on these prohibited factors and also that he was subject to a hostile environment. The district court granted summary judgment in favor of the Postal Service on all of the claims. We affirm in part and vacate and remand for further proceedings in part.

I.

Ezell is a Caucasian man over the age of fifty. He has worked as a letter carrier for the Postal Service since 1972, and has woi-ked in the Valparaiso, Indiana branch since 1988. Ezell’s supervisor at the Post *1043 al Service during the events leading to this lawsuit was Tangela Wright, an African-American woman. Ezell had an uneasy relationship with Wright that culminated in the Postal Service issuing him a termination letter. According to Ezell, he had an unblemished record at the Postal Service until Wright became his supervisor. Ezell complains that Wright frequently made inappropriate and discriminatory comments based on race, gender and age. Ezell believes that Wright was motivated by race, gender and age in taking an adverse employment action against him based on the following incident.

On March 6, 2001, Ezell was on his route and stopped to buy his lunch at a Wendy’s fast food restaurant. Coincidentally, Wright and Mike Pavlides, another Postal Service supervisor, were also out on the road that day and saw Ezell’s mail truck parked at the Wendy’s restaurant. The parties dispute the timing of events that day, but on summary judgment, we construe all reasonable inferences in favor of the party opposing judgment, in this case Ezell. According to Ezell, he purchased his lunch and returned to his truck promptly. He then drove across the street to a parking lot pay phone where he called his wife and spoke to her for approximately three minutes. He next headed to a convenience store to purchase a newspaper to read during his allotted half hour lunch break, drove to his route and parked his truck. He ate his lunch within the allowed time limit and then sorted the mail in his truck for deliveries to his own route and to an additional route he was covering that day. When he exited his truck to begin the deliveries, he saw that another Postal Service vehicle was parked behind him. As he approached the other vehicle, Wright and Pavlides emerged and began “rifling” through Ezell’s truck. They asked him questions about where he was on his route but made no mention of his taking an allegedly overextended lunch period. After inspecting Ezell’s truck, Wright and Pavlides left the scene and Ezell continued to deliver the mail.

Six days later, on March 20, 2001, Ezell was called into the office for questioning by Wright and Postmaster David Dew. Ezell’s union steward, Mike Daily, was also present for this meeting. Wright and Dew asked Ezell where he had lunch on March 14 and whether it was possible he had taken an extended lunch that day. When Ezell could not recall where he had lunched six days earlier, Wright and Dew treated him as if he were being uncooperative. On April 5, 2001, he was called back into the office and issued a “Notice of Removal” letter. The letter indicated he would be removed from the Postal Service on May 12, 2001, but could counter the termination by filing a grievance with the union steward. The letter, which was signed by both Wright and Dew, specified as the reason for the termination that Ezell had received pay for time not worked. The letter detailed the events of March 14, 2001, from the perspective of Wright and Pavlides. According to their version of Ezell’s lunch break that day, Ezell exceeded his thirty minute lunch by another thirty minutes without informing his supervisor of this fact. The letter noted that Ezell received penalty overtime pay that day. According to the letter, Ezell admitted he knew the Postal Service policy on lunch breaks, could not recall the specific events of March 14, 2001, and conceded that he sometimes exceeded his lunch break without notifying management. Citing the Employee and Labor Relations Manual, Wright and Dew concluded that this was a dischargeable offense.

Ezell filed a grievance and won reinstatement. The Notice of. Removal letter was withdrawn and in its place, the Postal Service issued a letter of warning.. Ezell *1044 believed his termination was the result of race, gender and age discrimination by Wright and so on June 4, 2001, Ezell filed a one page “EEO Complaint of Discrimination in the Postal Service.” On the form, Ezell listed his supervisor, Tangela Wright, and Postmaster David Dew as the persons who allegedly engaged in discriminatory actions. In an area of thé form titled “Type of Discrimination You Are Alleging,” Ezell checked boxes for race, sex, age and retaliation. (He has since dropped his retaliation claim.) The other options available to allege the type of discrimination were color, religion, national origin and disability. Ezell left those boxes blank. For the “Date on Which Alleged Act(s) of Discrimination Took Place,” Ezell wrote, “4-5-01.” The form offered an opportunity to “[ejxplain the specific action(s) or situation(s) that resulted in you alleging that you- believe you were discriminated against (treated .differently than other employees or applicants) because of your race, color, religion, sex, age (40 + ), national origin, or. disability.” In the six lines allotted, Ezell wrote the following:

Black, female supervisor has acted rude, disrespectful and confrontational toward me. She fabricated charges against me to have me fired. I am a white male 51 yrs. old. She has made racist, sexist remarks toward me. She has also made derogatory remarks about my age. I have also given statement in other EEO activities.

R. 2, Ex. A. In response to a question regarding what remedy he sought to resolve his complaint, Ezell specified, “To be made whole. The damage done to me cannot be undone. I want to be returned to the job I love and have performed for 28 + years.” R. 2, Ex. A.

Ezell subsequently filed an EEO investigative affidavit further describing the basis of his complaint. R. 30, Ex 2. He again claimed discrimination on the basis of age, sex and race. He cited Tangela Wright as the person who discriminated against him and stated that she based the April 5, 2001 letter of removal on trumped-up charges. Ezell complained that Wright often made derogatory remarks about older mail carriers in general and about him in particular, that she often referred to his gray hair and his slow work. He stated that Wright’s co-supervisor, Mike Pavlides, told a new hire that their (Pavlides’s and Wright’s) plan was to get rid of older carriers and replace them with younger, faster carriers. Ezell complained that Wright was rude, disrespectful, dishonest, confrontational and racist. Ezell attributed a number of comments to Wright that he characterized as racist, although that meaning is not immediately apparent unless one is familiar with Ezell’s view of the reputations of the Indiana towns of Gary and Valparaiso. Wright came from Gary, which Ezell characterizes as a primarily African-American city with a reputation for high crime rates. According to Ezell, Valparaiso, colloquially called ‘Valpo” by residents of Indiana, is primarily populated by Caucasians and has a reputation for a relatively low crime rate.

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Bluebook (online)
400 F.3d 1041, 2005 U.S. App. LEXIS 4322, 86 Empl. Prac. Dec. (CCH) 42,007, 95 Fair Empl. Prac. Cas. (BNA) 689, 2005 WL 602958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephen-ezell-v-john-e-potter-postmaster-general-ca7-2005.