Andrews v. Pride Indus., 2:14-cv-02154-KJM-AC
| Decision Date | 30 September 2016 |
| Docket Number | No. 2:14-cv-02154-KJM-AC,2:14-cv-02154-KJM-AC |
| Parties | Napoleon ANDREWS, Plaintiff, v. PRIDE INDUSTRIES and Jean Zurbuchen, Defendants. |
| Court | U.S. District Court — Eastern District of California |
Andrea Rosa, The Rosa Law Group, Elk Grove, CA, for Plaintiff.
David M. Daniels, Gilbert, Kelly, Crowely & Jannett LLP, Roseville, CA, Jennifer Calderon Schmuldt, Gilbert, Kelly, Crowley
& Jennett, LLP, Los Angeles, CA, for Defendants.
From May 2009 until November 2012, Napoleon Andrews worked for PRIDE Industries, leading a crew of disabled employees at Travis Air Force Base (AFB) in Fairfield, California. Starting in May 2012, Mr. Andrews went on leave under the Family and Medical Leave Act (FMLA), taking an extended absence he attributed to stress and anxiety stemming from racial and disability discrimination in the workplace. Near the end of his FMLA leave, Mr. Andrews was terminated. In September 2014, Mr. Andrews filed this suit against PRIDE and his supervisor there, Jean Zurbuchen, alleging a variety of violations, including racial and disability discrimination, retaliation, harassment, and wrongful termination. After the close of discovery, both defendants have moved for summary judgment.
At hearing on defendants' motion, Andrea Rosa appeared for Mr. Andrews, and David Daniels and Jennifer Calderon Schmuldt appeared for PRIDE and Ms. Zurbuchen. ECF No. 86. As explained below, defendants' motion is GRANTED in PART and DENIED in PART.
Mr. Andrews originally filed this action against PRIDE and Ms. Zurbuchen on September 16, 2014 in the Solano County Superior Court. First Am. Compl. (FAC), ECF No. 3. He asserted the following six claims: (1) disability discrimination and failure to accommodate; (2) failure to engage in the interactive process; (3) race discrimination; (4) hostile work environment; (5) failure to prevent discrimination; and (6) wrongful termination in violation of public policy. FAC at ¶¶ 72–125. With the exception of Mr. Andrews' common law wrongful termination claim, all claims alleged violations of the California Fair Employment Housing Act (FEHA). See id. Defendants then removed the case to this court, contending the federal enclave doctrine, discussed in more detail below, establishes federal jurisdiction. Not. Remov. 2, ECF No. 2. After removal, defendants filed a motion to dismiss. ECF No. 6.
In their motion to dismiss, defendants argued the federal enclave doctrine precluded Mr. Andrews' state-law claims. Id. at 5–7. Essentially, defendants argued the conduct giving rise to Mr. Andrews' claims occurred on Travis AFB, a federal enclave, and any attempt to subject such conduct to state regulation was precluded. Id.
Defendants did not prevail on this theory because it was unclear whether David Grant Medical Center, a later-acquired unit at Travis AFB where the alleged discrimination and retaliation took place, was a federal enclave not subject to state regulation. Order on MTD (Prev. Order) 7–8, ECF No. 18. In denying defendants' motion to dismiss, the court allowed Mr. Andrews the opportunity to conduct discovery on the federal enclave issue, as well as leave to file a second amended complaint. Id. at 9.
Mr. Andrews' second amended complaint asserts the same state-law claims as his first amended complaint, but further asserts the following federal claims: (1) race discrimination in violation of 42 U.S.C. § 1981 ; (2) retaliation also in violation of § 1981 ; (3) discriminatory termination in violation of the FMLA; and (4) retaliation also for exercising the right to FMLA leave. See generally Second Am. Compl. (SAC), ECF No. 25. Mr. Andrews' suit is grounded on federal question and supplemental jurisdiction. 28 U.S.C. §§ 1331, 1367.
Defendants now move for summary judgment. Mot., ECF No. 65. Mr. Andrews opposes the motion, Opp'n, ECF No. 80, and defendants have replied, Reply, ECF No. 81.
The following facts are undisputed unless otherwise stated. Where a genuine dispute exists, the court draws reasonable inferences in favor of Mr. Andrews. Tolan v. Cotton , ––– U.S. ––––, 134 S.Ct. 1861, 1868, 188 L.Ed.2d 895 (2014) (per curiam).
PRIDE Industries is a federal contractor; it services Travis AFB. Undisputed Material Fact (UMF) No. 1, ECF No. 80-5; Prev. Order at 7. Napoleon Andrews was hired as Grounds Maintenance Lead in May 2009, and was responsible for leading a crew of employees with disabilities in landscaping duties. UMF No. 3. He also was responsible for maintaining the grounds of buildings on the base, cutting grass with lawn mowers, and trimming hedges. Walters Decl. ¶ 11, ECF No. 70. Jean Zurbuchen was the Manager of Grounds Maintenance at PRIDE, and Mr. Andrews' supervisor. Walters Decl. ¶ 8.
Mr. Andrews is African-American and speaks fluent Spanish. Andrews Decl. ¶ 2, ECF No. 80-2; Andrews Dep. 440:25–441:6.
Soon after Mr. Andrews started work at PRIDE, he began to receive a series of disciplinary write-ups. Walters Decl. ¶¶ 16–20; Ex. C. For example, in May 2010, Mr. Andrews was sanctioned for "failure to follow instructions" when he did not complete paperwork after mowing around two buildings on the base. Walters Decl. Ex. C at 22. On August 13, 2010, Mr. Andrews received a written warning for arriving at work fifteen minutes late. Id. On July 15, 2011, Mr. Andrews received a document titled "final written warning" for a "safety violation," due to driving a PRIDE truck with its tailgates unsecured. Id. Despite receiving a "final warning," Mr. Andrews continued to work for PRIDE. On August 8, 2011, Mr. Andrews was disciplined for unnecessarily spraying an area for weeds. Id. On February 22, 2012, Mr. Andrews received another "final written warning" for failure to follow instructions and poor work performance, because he did not report that work under his supervision was "incomplete." Id. Again, Mr. Andrews was allowed to continue working. While the record does not make clear who delivered the disciplinary write-ups to Andrews, Ms. Zurbuchen signed the written warnings. See id. at 26–36.
During the same time period Mr. Andrews received these write-ups, PRIDE also gave Mr. Andrews performance reviews. Id. 37–39. According to a June 2010 performance review, Mr. Andrews was rated as "meeting expectations" in the following areas: (1) team player and presenting a positive, courteous attitude toward all employees; and (2) providing customer service through demonstrative courtesy and respect towards customers. Id. Mr. Andrews met expectations but needed improvement or training in attendance, job knowledge, initiative, and quality or quantity of work. Id. The performance review further noted Mr. Andrews was a positive lead, "but needs to show his guys that he can be a leader and get them to work the way he wants them to." Id. Mr. Andrews received the same ratings in his June 2011 performance review, except the review noted Mr. Andrews "needs to work with his crew on all times even when spraying or working on paper work." Id.
His disciplinary write-ups notwithstanding, Mr. Andrews was neither demoted nor was his pay decreased. Id. ¶ 13. During a morning roll call at Travis AFB on April 30, 2012, however, PRIDE management publicly announced Mr. Andrews would be reassigned from his Grounds Maintenance Lead position to a lower-level detail position. Andrews Decl. ¶ 17, ECF No. 80–2. Ms. Zurbuchen was partially responsible for this decision, as it was part of her responsibility to decide where to assign Ground Maintenance Leads. Id. ; Walters Decl. Ex. C. Although the lower-level detail position did not involve a pay cut, Mr. Andrews would lead fewer employees and would be subject to daily assignment changes. Andrews Decl. ¶ 17. He was initially told he would be in this position for one week, but the position was later extended to two weeks. Id. Before the two weeks ended, Mr. Andrews went out on leave, as described below.
Also during the same time period he received disciplinary write-ups, Mr. Andrews witnessed and personally experienced discriminatory treatment. Andrews Dep. 443:2–14. For example, when a Caucasian co-worker ruptured a main water line to a building Andrews described as "one of the most important buildings" at the AFB, PRIDE supervisors commented, "Oh, wasn't that cute, [the coworker] hit that pipe?" Id. 443:2–14. When another Caucasian co-worker was insubordinate with a union representative, the co-worker did not receive a write-up, and no disciplinary action was taken. Id. 447:24–448:15. The record does not make clear whether these co-workers had a disability, as some PRIDE employees do. Mr. Andrews, by contrast, received several citations for offenses he deems less serious, as noted above.
Mr. Andrews also witnessed and experienced treatment by Ms. Zurbuchen that he considered unfair. In particular, Mr. Andrews alleges Ms. Zurbuchen forbid him from speaking Spanish in the workplace, and often referred to his Mexican coworkers as "the Mexican Mafia." Rosa Decl. ¶ 18, Exhibit Q, ECF No. 80–1; Andrews Dep. 49:5–8, 50:10–13. In his declaration, Mr. Andrews stated because many of his co-workers were Spanish monolingual speakers, it was important for him to speak and write Spanish so he could help his crew or other laborers understand what was being asked of them. Andrews Decl. ¶ 6. Because many PRIDE supervisors and managers did not speak Spanish, very few people other than Mr. Andrews could assist his co-workers. Id. However, other evidence in the record suggests speaking Spanish in the workplace was allowed, and the prohibition on speaking Spanish was acceptable only "under limited circumstances," such as speaking to a manager who only speaks English or in an emergency situation. Rosa Decl. Ex. Q at 145.
Ms....
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