Worster v. United States Postal Service

132 F. Supp. 2d 397, 2001 U.S. Dist. LEXIS 7925, 2001 WL 293630
CourtDistrict Court, M.D. North Carolina
DecidedMarch 21, 2001
Docket1:99CV00726
StatusPublished
Cited by7 cases

This text of 132 F. Supp. 2d 397 (Worster v. United States Postal Service) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Worster v. United States Postal Service, 132 F. Supp. 2d 397, 2001 U.S. Dist. LEXIS 7925, 2001 WL 293630 (M.D.N.C. 2001).

Opinion

MEMORANDUM OPINION

OSTEEN, District Judge.

Plaintiff Romaine T. Worster (Worster) filed this action against Defendant William J. Henderson, Postmaster General, United States Postal Service (USPS), alleging a violation of Title VII of the Civil Rights Act of 1964. This matter is now before the court on Defendant’s motion for summary judgment and motion to strike certain exhibits. Plaintiff alleges that Defendant discriminated against her on the basis of sex by firing her for conduct similar to conduct committed by male employees that did not result in their removal. Plaintiff also alleges that she was subject to a hostile work environment in violation of Title VII.

For the reasons herein, the court will grant both of Defendant’s motions.

I. FACTUAL BACKGROUND

This action arises out of an unfortunate history of tension and divided loyalties in the West Market Street location of the USPS (the Westside Station). Plaintiff *399 found herself in conflict with many of her co-workers when she began to voice anti-union sentiments at work and in the media following her resignation from her union, the National Association of Letter Carriers (NALC), in 1989. Based on the statements of various employees of the West-side Station, Worster was the target of some hostility as the result of her affiliation with the “management side” of the USPS. Matters came to a head on August 3, 1994, when Plaintiff made several death threats against co-worker Richard LaVere (LaVere) following an exchange between them regarding her working off the clock. As a result of Plaintiffs threats, she was first suspended and then removed from employment with the USPS on October 4, 1994.

Serving as a backdrop to the tensions in the Westside Station were conflicts and violence in post offices nationwide. On February 8, 1988, the director of City Operations in Greensboro sent a letter to all USPS employees stating that since “heated disputes or fights among [employees] or with them supervisors ... obviously are not conducive to workplace harmony and efficiency, such situations where hard feelings have erupted into violent interpersonal conflict or fights must be removed from the work place.” (Defl’s Br. Supp. Mot. Summ. J., Ex. B.) Further, the letter warned employees that they were subject to disciplinary action, including discharge, for engaging in physical assault or initiating threatening language or gestures.

Then on November 14, 1991, a disgruntled postal employee in Royal Oak, Michigan, went on a shooting rampage that left the shooter and three others dead and six wounded. See Worker Stress Said to Spark Violent Acts; Increase in On-the-Job Violence Is Linked to Stress in Workplace, BALTIMORE EVENING SUN, Nov. 15, 1991, at A4. Co-workers said the man had threatened to shoot up the post office if he did not get his job back. The Royal Oak shooting followed closely on the heels of another postal shooting in Ridge-wood, New Jersey, where another fired postal worker killed four people. Id. In August 1986, a part-time carrier in Edmond, Oklahoma, killed 14 people before fatally shooting himself. Id. In the eight years prior to the Royal - Oak shooting, postal workers fired on colleagues in at least five other post offices in Alabama, California, Louisiana, New York, and South Carolina. Id.

In response to the Royal Oak tragedy, various groups and the USPS issued a “Joint Statement on Violence and Behavior in the Workplace” (the Joint Statement) on February 14, 1992. The Joint Statement declared that “there is no excuse for and will be no tolerance of violence or any threats of violence by anyone at any level of the Post Office.” (Def.’s Br. Supp. Mot. Summ. J., Ex. C.) Furthermore, the notice stated that “there is no excuse for and will be no tolerance of harassment, intimidation, threats, or bullying by anyone.” (Id.) The Joint Statement warned that “[t]hose who do not treat others with dignity and respect will not be rewarded or promoted [and those whose behavior continues] will be removed from their positions.” (Id.) The Greensboro district manager followed up the Joint Statement the next year with a July 2, 1993, warning to all employees that “violence of any kind toill not be tolerated in the work place." (Def.’s Br. Supp. Mot. Summ. J., Ex. D.) Further, employees were warned that anyone engaging in physical assaults or initiating threatening language or gestures was subject to disciplinary action, including discharge.

These events led up to Plaintiffs removal. The facts surrounding Plaintiffs termination, stated in the light most favorable to Plaintiff, are as follows. 1 At the time of *400 the August 3, 1994, incident, Plaintiff had been a USPS employee for approximately 29 years and was a letter carrier for the Westside Station. Worster alleges that several events led to mounting tension between her and some union members at the station. On February 9, 1992, the Greensboro News & Record published a guest column written by Worster that explained why she “seceded” from the union. 2 According to Plaintiff, certain union members reacted unfavorably and began to harass her. LaVere, who was vice president of the Westside branch of NALC at the time, allegedly continuously harassed Worster about her views. In April 1992, Worster was invited to a White House ceremony, for which she requested and was granted emergency leave. The leave resulted in a threatened “sick-out” by union shop stewards, which did not occur, and a warning letter and seven-day suspension for Plaintiff, both of which were quashed. Ultimately, Plaintiff was not disciplined for taking the emergency leave day.

In September 1993, Newsweek published a “My Turn” column by Worster that was critical of unions and their “anti-management” philosophy, again spurring harassment from some pro-union employees. Worster also authored “An Immodest Proposal for Federal Workers on the Washington Front,” criticizing a White House proposal requiring all federal employees to pay union dues (a closed shop), which appeared in the Greensboro News & Record Sunday editorial section on June 19, 1994. A fellow postal worker then wrote a responsive letter to the editor, to which Wor-ster responded in her own letter to the editor on July 8, 1994. 3 Plaintiff alleges that these articles led to increasingly hostile treatment from co-workers, including unspecified name calling and unkind statements. In late July 1994, a few days before Worster threatened LaVere, the Westside Station manager, Frank Glenn (Glenn), took away the employees’ coffee privileges, and LaVere and Worster had a dispute over the issue.

The incident resulting in Plaintiffs removal occurred on the afternoon of August 3, 1994, after Plaintiff returned from her delivery route. While accounts of LaV-ere’s motivations and treatment of Plaintiff differ, all parties agree on the words and conduct of Worster. Plaintiff clocked out around 3:00 p.m., but then returned to her case (work area) to tray some mail that had been placed on her ledge while she was in the restroom.

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Bluebook (online)
132 F. Supp. 2d 397, 2001 U.S. Dist. LEXIS 7925, 2001 WL 293630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worster-v-united-states-postal-service-ncmd-2001.