Woods v. FacilitySource, LLC

640 F. App'x 478
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 3, 2016
DocketNo. 15-3138
StatusPublished
Cited by12 cases

This text of 640 F. App'x 478 (Woods v. FacilitySource, LLC) 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
Woods v. FacilitySource, LLC, 640 F. App'x 478 (6th Cir. 2016).

Opinion

MARTHA CRAIG DAUGHTREY, Circuit Judge.

Plaintiffs Gary Woods and Nicolas Lorenzo appeal the district court’s grant of summary judgment to defendants Facility-Source, LLC, Duane Smith, Jordan Wagner, and William Hayden on the plaintiffs’ claims of racial discrimination and hostile work environment brought pursuant to the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-2000e-17, 42 U.S.C. § 1981, and the anti-discrimination provisions of §§ 4112.02 and 4111.17 of the Ohio Revised Code. Woods, an African-American male, alleged specifically that, due to his race, the defendants offered him lower wages, failed to promote him, impeded his opportunities for advancement, and created a hostile work environment. Lorenzo, a Caucasian male, alleged that, because he was Woods’s domestic partner, the racist attitudes of the defendants also resulted in him being paid lower wages, not being promoted, and not being given the support he needed to advance within the company. Additionally, the Equal Employment Opportunity Commission (EEOC), as amicus curiae, asserts on appeal that the district court erred in “holding that whether a submission [to the EEOC] constitutes a charge turns, in part, on whether the EEOC treated the submission as a charge and notified the employer.”

On appeal, we conclude that the district court properly granted summary judgment to the defendants on the plaintiffs’ claims of discrimination. We also conclude, however, that the district court improperly augmented the standard for determining whether a submission to the EEOC constitutes a charge of discrimination. Because any error in this regard does not affect the outcome of the appeal, we affirm the judgment of the district court.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant FacilitySource is an Ohio-based company that provides and manages vendors who, in turn, offer maintenance services for “big box retailers, department stores, quick service restaurants, mall-based specialty retailers, and other companies with multiple locations.” The company began operations in 2005 and, in September of that year, hired Gary Woods as a customer-service representative at a salary of $10.00 per hour, or approximately [480]*480$20,800 per year. Over time, Woods rose through the ranks at the company, serving next as a quality manager, then as a call center manager, and finally as an account manager. By April 2011, and through the remainder of Woods’s employment at Fa-cilitySource, he received an annual salary of $42,200.69.

In October 2005, Nicolas Lorenzo, Woods’s domestic partner, also applied for a position at FacilitySource but requested a starting salary of $11.00 per hour, or approximately $22,880 per year. After being hired at that level, Lorenzo, too, progressed up the company ladder over the years and, by the end of 2013, was being paid $42,700.32 per year as an account manager.

Although defendant William Hayden, the president and chief executive officer of FacilitySource, was responsible for the approval of Woods’s and Lorenzo’s promotions to the position of account manager, the plaintiffs contend that their upward mobility in the company ceased and their salaries stagnated in comparison with the salaries of new account managers as a result of Hayden’s actions, including his hiring of defendant Jordan Wagner as the company’s Market Director-Retail in July 2009 and defendant Duane Smith as Vice-President for Client Services in July 2010. According to Hayden, however, the fact that the plaintiffs’ salaries were lower than the salaries of other account managers was due to the need for FacilitySource “to become more competitive in- the market” after 2010 and, thus, to recruit “more seasoned employees” and “hire Account Managers at a higher rate than previous Account Managers were being paid.”

To, that end, the qualifications to be hired as an account manager after 2010 were changed to require applicants to have earned, at a minimum, a two-year degree from a college or university or to have gained “previous account management experience in ... facility maintenance.” The posting for account manager positions stated explicitly, however, that the position “is a non-sales role.” Even though plaintiff Woods acknowledged that the qualifications for the job had been increased, making it appropriate for FacilitySource to increase the starting salaries for the positions, he and Lorenzo felt that their compensation packages should have been increased commensurately because they were the second and third most-tenured employees at FacilitySource.

Nor was the differential between the plaintiffs’ salaries and the salaries of other account managers the only perceived inequity identified by the plaintiffs at their place of employment. Woods and Lorenzo also felt that they had not been promoted to positions as senior account managers— as were some individuals hired after them — because of Woods’s race and because of Lorenzo’s association with Woods. Furthermore, they asserted that, due to race or association, they were denied merit raises, they were isolated and treated differently than other employees, and Woods was subjected to offensive, racially tinged comments and actions by defendants Smith and Wagner.

In June 2012, Woods emailed Brent Myers, FacilitySource’s director of human resources, stating his intention “to file a formal complaint of discrimination against” the company due to the unequal treatment Woods felt he had endured. When Woods did not receive the company response for which he had hoped, he and Lorenzo filed, in letter form, so-called “formal charge[s] of discrimination” with the EEOC and the Ohio Civil Rights Commission, alleging racial discrimination, creation of a hostile work environment, and racial discrimination based upon association. Both letters included declarations made “under penalty [481]*481of perjury” and detailed the actions underlying the claims. The plaintiffs also completed EEOC “intake questionnaires,” but never signed and dated official charge-of-discrimination forms. Ultimately, the plaintiffs requested and received right-to-sue letters from the EEOC and, on June 28, 2013, filed a complaint in the federal court alleging racial and associational discrimination, creation of a hostile work environment, violations of 42 U.S.C. § 1981, and violations of sections 4112.02 and 4111.17 of the Ohio Revised Code.

A period of discovery ensued, during which time FacilitySource learned that Woods had provided false statements on his job application with the company. Specifically, Woods had claimed that he had graduated from high school — a minimum requirement for employment at Fa-cilitySource — and that he had left his previous job due to a reduction in work hours. In reality, Woods never graduated from high school, earning only 14.5 of the 29 credits needed for graduation. In addition, Woods did not leave his prior job voluntarily but, instead, was terminated for making misstatements on his application for that job as well. As a result of the falsehoods contained on the FacilitySource application, the company fired Woods effective March 31, 2014.

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Bluebook (online)
640 F. App'x 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-facilitysource-llc-ca6-2016.