Vaughn v. Radio One of Indiana

151 F. Supp. 3d 877, 2015 U.S. Dist. LEXIS 172862, 2015 WL 9582428
CourtDistrict Court, S.D. Indiana
DecidedDecember 30, 2015
Docket1:14-cv-00925-SEB-MJD
StatusPublished
Cited by1 cases

This text of 151 F. Supp. 3d 877 (Vaughn v. Radio One of Indiana) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vaughn v. Radio One of Indiana, 151 F. Supp. 3d 877, 2015 U.S. Dist. LEXIS 172862, 2015 WL 9582428 (S.D. Ind. 2015).

Opinion

ORDER ON DEFENDANT RADIO ONE’S MOTION FOR SUMMARY . JUDGMENT

SARAH EVANS BARKER, JUDGE, United States District Court Southern District of Indiana "'

This matter comes before us on Defendant Radio One of Indiana, L.P.’s (“Radio One”) Motion for Summary Judgment. [Dkt. No. 64.] The motion is fully briefed.. [See Dkt. Nos. 72, 79.] For the following reasons, we GRANT Defendant’s Motion for Summary Judgment.

Background and Facts1

Kelly Vaughn’s Employment with Radio One.

Radio One owns and operates various radio stations in the Indianapolis, Indiana area. [Declaration of Jacqueline D, Kindall, Director of Human Resources for Radio One (“Kindall.Decl.”) at ¶ 2.] During the relevant time period, Radio One employed approximately 86 employees, one-third of whom were female. [Id. at ¶ 6.] At the time of the events giving rise to this litigation, Radio One’s entire Human Resources department was female. [Id. at ¶ 5.]

Plaintiff Kelly Vaughn was a part-time employee of Radio One as a board operator/on-air talent from May 29, 2012 until July 2012. [Deposition of Kelly Vaughn (“Vaughn Dep.”) at 14, Ex. 2; Dkt. No. 72-[880]*8801 (WTLC Press Release).] At the time she joined Radio One, both Chuck Williams, Vice President and General Manager- of Radio One, and Karen Vaughn,2 the Program Director of WTLC-FM, were enthusiastic about having Ms. Vaughn as part of the Radio One team. [Dkt. No. 72-1 (Karen Vaughn stated, “Kelly is a true radio professional. As a staple within the Indianapolis market, her expertise in broadcast news will be a great addition to the Tom Joyner Morning show. We are elated to have Kelly on our team.”) (Chuck Williams stated, “We are very excited to have Kelly join our Radio One Indianapolis team. Her many years of professional News and Service work have helped Kelly become an icon in the market.”).] At the time she was hired by Radio One, Ms. Vaughn was also employed by LeSEA Broadcasting, Channel 40. [Vaughn Dep. at 38-39, 41, 62, 68.]

In July 2012, Ms. Vaughn’s position .changed to a part-time news announcer. [Id. at 19-20.] At all times during her employment, Ms. Vaughn was a part-time, at-will employee and reported to her direct supervisor, Program Director Karen Vaughn. [Id. at 20, 35-36; Kindall Decl. at ¶- 6.] Ms. Vaughn believed that Krishna Henderson-Hutchinson was also her supervisor for AM radio-related matters. [Vaughn Dep. at 21-23.]

As a condition of her employment, Ms. Vaughn was required to agree to Radio One’s policies and procedures. [Kindall Deck at ¶ 7.] One such policy was Radio One’s Business Ethics and Conduct Policy, which provided in relevant part:

• Full Disclosure: Employees must comply in all respects with the' Company’s conflicts of interest • policy. They should endeavor to ‘avoid all conflict situations, whether actual or perceived, as even the appearance of impropriety can be harmful to the Company’s reputation. Employees must make full end timely disclosure of all conflict situations.

[Vaughn Dep. at 30, Ex. 5 (Radio One Business Ethics & Conduct Policy) at page 1 of 6.] An employee’s failure to comply with the Business Ethics & Conduct Policy could subject that employee to disciplinary action. [Id. at 30-31; Business Ethics & Conduct Policy at page 4 of 6 (“Disregarding or failing to comply with this policy may subject an employee to disciplinary action, up to and including termination.”),] Ms. Vaughn signed the Radio One Business Ethics .& Conduct Policy on June 1, 2012. [Id. at Ex. 5, p. 5-6 (“I hereby represent that I have read this policy and that I understand,its terms.”).]

Ms. Vaughn also agreed to follow Radio One’s Conflicts of Interest Policy. [Id, at 36, Ex. 7.-]3 That policy provided in relevant part:

The Company expects all employees to conduct their personal affairs in a manner that does not conflict with the interests of the Company. The Company is entitled to its employees’ undivided loyally, and such loyalty may be compromised if an employee’s outside activities are position to influence or determine the employees actions for or on behalf of the Company.
[881]*881Identifying Conflict Situations Generally, a conflict of interest may occur if an interest or activity influences or appears to influence the ability of an individual to exercise objectivity dr impairs the individual’s ability to perform his or her employment responsibilities in the best interests of the Company.
Actual or potential conflicts of interest may arise from a variety of situations, affiliations and relationships. They may arise from an employee’s outside business activities or outside activities with social or charitable organizations, and they may involve an employee’s relationship with, or financial interest in, the Company’s competitors, vendors, clients, service providers, or business partners.

[Id. at 36-37, Ex. 7 at p.l (“Conflicts Policy”).] Examples of conflicts of interest include: using the Company’s name or property to further an employee’s personal interests or diverting business opportunities away from the company. [Id. at Ex! 7 at p. 2.] The Conflicts Policy further provided:

Often, however, conflict situations require affirmative Intervention by the Company to determine whether action on the part of the Company is warranted. Such action may include requiring the employes to folly divest himself or herself of the conflicting interest as a condition of continued employmént. In certain circumstances, the Company may determine that an employee’s conflict is irreconcilable or so inconsistent with the employee’s duty of loyalty to the Company that termination of employment is the only reasonable remedy.

[Id] Like the Business Ethics and Com duct Policy, the Conflicts Policy expressly noted “that any person found to, have violated this policy shall be subject'to disciplinary action, up to and including termination of employment.” [Id. at 37-38, Ex. 7 at p. 3.] Ms. Vaughn signed the Conflicts of Interest Policy on June 1, 2012. [Id. at 6 of 7 (“I hereby represent that I have read this policy and that I understand its terms.”).]

The Amos and Abdul Show.

In the latter part of 2011, Ms. Vaughn approached the late Amos Brown and “pitched” to him the idea of a TV show for LeSEA. Broadcasting (“Channel 40”). [Vaughn Dep. at 15-16; Brown Dep. at 14.] At that time, Mr. Brown was an on-air personality for Radio One, hosting Afternoons with Amos Brown, a daily talk show airing, on Radio One’s WTLC-AM radio station. [Kindall Decl. at ¶ 3, n.l; see also Brown, Dep. at 31 (Mr. Brown was engaged in the radio industry from 1975 until his. untimely death in 2015).] Ms. Vaughn sought to create and produce a TV show called “Amos and Abdul,” which would consist of a point-counterpoint debate between Amos Brown and Abdul-Hakim Sha-bazz on hot-button issues (the “Show”). [Vaughn Dep. at Exs. 9, 16.] Mr. Brown testified that he had not been approached about an Amos & Abdul Show prior to the above-referenced pitch in 2011. [Brown Dep. at 14.] According to Ms. Vaughn, Mr. Brown claimed he had permission from Radio One to do the Show, but, as it turned out, that was not true. [Vaughn Dep. at 101.]

In planning the Show, Mr.

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151 F. Supp. 3d 877, 2015 U.S. Dist. LEXIS 172862, 2015 WL 9582428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughn-v-radio-one-of-indiana-insd-2015.