Thompson v. Tyson Foods, Inc.

939 F. Supp. 2d 1356, 2013 WL 1333575, 2013 U.S. Dist. LEXIS 45317, 117 Fair Empl. Prac. Cas. (BNA) 1461
CourtDistrict Court, M.D. Georgia
DecidedMarch 29, 2013
DocketNo. 5:11-cv-189 (CAR)
StatusPublished
Cited by3 cases

This text of 939 F. Supp. 2d 1356 (Thompson v. Tyson Foods, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Tyson Foods, Inc., 939 F. Supp. 2d 1356, 2013 WL 1333575, 2013 U.S. Dist. LEXIS 45317, 117 Fair Empl. Prac. Cas. (BNA) 1461 (M.D. Ga. 2013).

Opinion

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

C. ASHLEY ROYAL, District Judge.

Plaintiff Anthony Thompson brings this action for reverse discrimination under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”). Plaintiff contends his former employer, Defendant Tyson Foods, Inc., discharged him because he is Caucasian. Before the Court is Defendant’s Motion for Summary Judgment [Doc. 20]. After fully considering the matter, the Court finds Defendant is- entitled to judgment as a matter of law, and its Motion for Summary Judgment [Doc. 20] is therefore GRANTED.

BACKGROUND

Defendant maintains a progressive discipline policy. However, on April 27, 2009, Defendant terminated Plaintiff for insubordination upon his first offense. Plaintiff contends Defendant discriminatorily applies its progressive discipline policy with a race-based, double standard, and because he is Caucasian, Defendant terminated him instead of giving him the benefit of progressive discipline like his African-American coworkers. Defendant maintains its decision to terminate Plaintiff was based solely on Plaintiffs misconduct, not on Plaintiffs race. The facts viewed in the light most favorable to Plaintiff are as follows.

Plaintiff’s Employment with Defendant

Defendant is one of the world’s largest processors and marketers of poultry, pork, and beef, and operates a poultry processing plant in Vienna, Georgia where Plaintiff was employed from July 12, 2004, until his termination on April 27, 2009.1 Defendant hired Plaintiff as a Maintenance Supervisor.2. On October 9, 2005, Plaintiff was promoted to Maintenance Manager, and then in 2006, to General Production Manager (“GPM”), the position he held until he was terminated.3 Plant Manager Leon Dixon (African-American) authorized both of Plaintiffs promotions and ultimately terminated him on April 27, 2009.4

As a GPM, only two other individuals— Dixon, the Plant Manager, and Hal Sha[1360]*1360drick (Caucasian), the Assistant Plant Manager — held higher positions than Plaintiff at the plant.5 At the time of his termination, Plaintiff was one of only five GPMs, three of whom, including Plaintiff, worked on the day shift, and two of whom worked on the night shift. As a GPM, Plaintiff was responsible for managing the production process on his shift.6 Plaintiff directly supervised four Supervisors, who, in turn supervised certain hourly employees.7 Approximately 125 to 150 total-employees, including • the hourly employees, reported to Plaintiff as a GPM.8 Prior to his termination, Plaintiff had not been counseled or disciplined for any conduct or performance issues, and, throughout his employment, he had been rated as a strong performer on his performance reviews.9

Defendant’s Relevant Business Policies

Defendant has implemented and maintains various policies setting standards for its employees’ conduct and outlining consequences for their misconduct. Defendant, through both formal policies and informal practices, holds its employees in management roles to higher performance and behavioral standards than those employees in non-supervisory roles. Defendant has implemented a Management Standards of Behavior Policy, setting forth behavioral standards specific to its management employees.10 In addition, in practice, Defendant holds its Supervisors, the first level of management employees, to a higher performance standard than it does non-supervisory employees who report to the Supervisors.11 Defendant holds its GPMs, the second level of management employees who supervise the Supervisors, to an even higher standard.12 Indeed, the respective standards mirror the managers’ duties and responsibilities. Unlike Supervisors, who are responsible for specific functions within departments, GPMs are responsible for entire departments and report directly to the Assistant Plant Manager, who, in turn, reports directly to the Plant Manager.13

Defendant also maintains a Rules of Conduct Policy, applicable to all of its employees, which generally provides for progressive discipline based upon both the seriousness of the violation and prior violations.14 In specific circumstances, however, the policy mandates discharge after investigation upon a first offense, including an offense of insubordination.15

April 23, 2009 Meeting

On April 23, 2009, Plant Manager Dixon held his weekly staff meeting with the plant managers, which included the managers who reported directly to Dixon and the five GPMs.16 After completing his mi[1361]*1361tial discussions with the entire management staff, Dixon excused everyone except Assistant Plant Manager Shadrick and the attending GPMs, including Plaintiff.17 Dixon addressed production concerns with each GPM in connection with his or her respective department.18 While addressing Plaintiff, Dixon and Plaintiff engaged in a “heated” exchange.19 Dixon’s voice became elevated in volume and tone* and his body language and gestures were “combative.”20 As Dixon and Plaintiff discussed certain equipment performance issues in Plaintiffs department, Plaintiff gathered his things and left-the meeting “to remove [him]self .from a situation until cooler heads could prevail.”21 At the time Plaintiff left the meeting, Plaintiff considered the meeting to be at its end.22 Dixon, however, had neither adjourned the meeting nor excused Plaintiff. All thé other attendees were seated when Plaintiff left, and the meeting ended a short while later.23 While it may not have been unusual for managers to leave a meeting- early when they received prior permission, it was clearly inappropriate to leave a meeting without either the Assistant Plant Manager or Plant Manager’s permission.24 After leaving the meeting, Plaintiff dropped off some items in his office, and, because his shift had ended, Plaintiff left the facility.

Plaintiff’s Termination '

Because Plaintiff walked out of an ongoing, mandatory staff meeting without permission, Dixon percéived Plaintiffs actions as insubordinate.25 After the meeting ended, Dixon informed Human Resources Manager Wanda Zanders (African-American) 'that Plaintiff had walked out of a meeting and asked her whether Plaintiff was still present at the plant.26 Zanders telephoned Plaintiff, who was at home, and asked that he return to the plant to meet with her and Dixon.27 Plaintiff immediately returned to the plant.28 On his drive back to the facility, Plaintiff called and spoke with Wingate Taylor (Caucasian), Complex Human Resources Manager,29 who told Plaintiff he had not acted insubordinately because he had left the facility after his shift ended.30

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939 F. Supp. 2d 1356, 2013 WL 1333575, 2013 U.S. Dist. LEXIS 45317, 117 Fair Empl. Prac. Cas. (BNA) 1461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-tyson-foods-inc-gamd-2013.