Wofford v. Middletown Tube Works, Inc.

67 F. App'x 312
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 5, 2008
DocketNo. 01-4190
StatusPublished
Cited by7 cases

This text of 67 F. App'x 312 (Wofford v. Middletown Tube Works, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wofford v. Middletown Tube Works, Inc., 67 F. App'x 312 (6th Cir. 2008).

Opinion

SUHRHEINRICH, Circuit Judge.

Plaintiff-Appellant Bobbie Joe Wofford, a black man, appeals from the district court’s grant of summary judgment in favor of Defendant-Appellee Middletown Tube Works, Inc. (“Middletown”), on Wofford’s claim of employment discrimination under Title VII of the Civil Rights Act of 1964 and Ohio Rev.Code § 4112.02, arising out of the denial of a health insurance card and eventual termination.

The district court granted summary judgment for Middletown, holding that Wofford had not demonstrated a prima facie case of discrimination because he was not treated worse than similarly-situated white employees. Moreover, even had he demonstrated a prima facie case, the district court held that Middletown had presented legitimate, non-discriminatory business reasons for Wofford’s termination, which Wofford did not rebut as pretext.

On appeal, Wofford claims that there are genuine issues of material fact in regard to whether he was treated worse than similarly-situated whites, because white workers were only fired for far more serious infractions; and that Middletown’s supposedly legitimate business reasons are pretexts for his termination based solely on race.

We affirm the decision of the district court. Even drawing all factual inferences in favor of Wofford, he has not demonstrated that he was qualified for his position or that similarly-situated white employees were treated better; and even if Wofford could demonstrate a prima facie case. Middletown has presented legitimate, non-discriminatory reasons for his termination, which Wofford has not rebutted.

I. Facts

Middletown Tube Works, Inc., in Middletown, Ohio, is a manufacturer of steel tubing, and employs approximately seventy-eight persons. Middletown’s sole shareholder is Ralph Phillips, who purchased the facility in 1993. The management structure of Middletown is made up almost exclusively of Phillips’ immediate family, including his daughter, Angela Phillips, who personally comprises the company’s human resources department, and has done so since 1995.

Angela Phillips first brought Wofford to Middletown as a material handler in June 1998. Wofford was a temporary employee at the time, employed by Patrick Staffing. During the second week of September, 1998, Wofford interviewed with Angela Phillips for a permanent position with Middletown. With approval of Middletown supervisors, Angela Phillips hired Wofford as a permanent employee on September 21, 1998.

As a new hire, Wofford was subject to a probationary period. Under § 2.1(A) of the collective bargaining agreement (“CBA”) signed between Middletown and the United Steelworkers of America, Local No. 5541, the typical probationary period lasts ninety days for a new hire. Because [314]*314Wofford had been a temporary employee prior to being hired permanently, he was only subject to a sixty-day probationary period. Under the CBA, upon the lapse of the probationary period, a new hire becomes a “full-time” employee, and is entitled to more security in his position, and becomes subject to a different, more forgiving, disciplinary system. Specifically, under Middletown’s policy, a probationary employee can be fired at the discretion of the employer for absenteeism. Conversely, a “full-time” employee is subject to § 29.2 of the CBA, which employs a “points system.” Under the points system, an employee receives, for example, two points for a missed work day without calling (a “no call no show”), and cannot be fired for absenteeism until he reaches ten points.

As part of Wofford’s hiring, he was required to complete a physical examination, he did so on October 7, 1998. During that physical examination, Dr. Ken W. Greene observed a bulge and diagnosed Wofford with a hernia. Furthermore, Greene made a note that Wofford had had the bulge for at least two years “after heavy lifting of machine castings.” Accordingly, Greene limited Wofford’s lifting to thirty pounds “until further evaluation.”

As a material handler, Wofford was required to move steel tubing around the facility using a forklift. The job, however, also requires lifting. Material handlers frequently are expected to lift banding tools, which weigh in excess of thirty pounds. Accordingly, Wofford, under doctor’s orders, was prohibited from performing the full scope of his job. However, Middletown permitted Wofford to remain on the payroll and perform “light duty” until he could have his hernia repaired.

Wofford’s sixty-day probationary period was scheduled to terminate on November 20, 1998. As that date approached, Wofford had not repaired his hernia. Middle-town terminated Wofford on November 18, 1998, two days before the end of his probationary period. Angela Phillips asserts that Wofford was fired “[bjecause he was not able to perform the essential functions of his position.... ” Accordingly, Wofford did not become a “full-time” employee.

On December 5, 1998, Wofford was reemployed by Middletown. There is nothing in the record to indicate that Wofford re-applied or was interviewed again, but instead appears to have returned under mutual agreement. On December 8, 1998, Wofford, his union representative, and Shayne Lamb, a Middletown supervisor, acting on behalf of Middletown, entered into an agreement, under which Wofford would perpetually remain a probationary employee, regardless of his tenure, “until such time he can provide medical proof of his good physical condition with no limitations.”

On December 19, 1998, Wofford did not appear for work. Wofford claims his truck broke down near Toledo, Ohio. He asserts that he was unable to come to work, or to call Middletown directly to inform them, because Middletown would not accept a collect call. Middletown listed Wofford as a “no call no show” indicating that he did not call to notify management that he would be absent that day. Wofford disputes this, and claims that his girlfriend called Middletown for him, which is permitted under the “rule of reason” in § 29 of the CBA, which expressly allows others to call in for an employee when it is not reasonable for the employee to do so.

On January 6, 1999, Wofford was terminated. As reason for his firing, Middle-town cites the December 19, 1998, “no call no show,” as well as a decrease in Wofford’s production. Wofford obtained a “right to sue” letter from the Equal Employment Opportunity Commission on [315]*315March 28, 2000, and filed suit on June 15, 2000, claiming racial discrimination in employment. The district court granted summary judgment for Middletown on October 12, 2001, holding that Wofford had failed to show a prima facie case of discrimination, and failed to show pretext behind Middletown’s purported legitimate business reasons for his firing. Wofford filed a notice of appeal with this Court on October 31, 2001. Accordingly, this matter is timely before this Court under Fed. R.App. P. 4(a)(1)(A).

II. Standard of Review

We review the district court’s grant of summary judgment de novo, viewing the evidence and drawing all reasonable inferences in favor of Wofford, the nonmoving party. See, e.g., Mahon v. Crowell, 295 F.3d 585, 588 (6th Cir.2002);

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Bluebook (online)
67 F. App'x 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wofford-v-middletown-tube-works-inc-ca6-2008.