Arredondo v. Schlumberger Ltd.

• Decision Date: 01 February 2022
• Docket Number: MO:20-CV-00200-DC
• Citation: 583 F.Supp.3d 783
• Parties: Frances ARREDONDO and Sage Coleman, Plaintiffs, v. SCHLUMBERGER LTD. and Elwood Staffing Services, Inc., Defendants.
• Court: U.S. District Court — Western District of Texas

583 F.Supp.3d 783

Frances ARREDONDO and Sage Coleman, Plaintiffs,
v.
SCHLUMBERGER LTD. and Elwood Staffing Services, Inc., Defendants.

MO:20-CV-00200-DC

United States District Court, W.D. Texas, Midland-Odessa Division.

Signed February 1, 2022

583 F.Supp.3d 790

Alan F. Kansas, Pro Hac Vice, Law Office of Alan Kansas, LLC, Gretna, LA, Holly B. Williams, Williams Law Firm, P.C., Midland, TX, for Plaintiffs.

MaryJo Lovie Roberts, Pro Hac Vice, Kullman Firm, New Orleans, LA, Setara C. Ozan-Foster, Stephen L. Scott, The Kullman Firm, APLC, Birmingham, AL, for Defendant Schlumberger Ltd.

Setara C. Ozan-Foster, The Kullman Firm, APLC, Birmingham, AL, Tiffany Cox Stacy, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., San Antonio, TX, Kelly Elizabeth Preston, Dykema, San Antonio, TX, for Defendant Elwood Staffing Services, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

DAVID COUNTS, UNITED STATES DISTRICT JUDGE

583 F.Supp.3d 791

BEFORE THE COURT is the Motion for Summary Judgment filed by Defendants Schlumberger LTD¹ (Schlumberger) and Elwood Staffing Services, Inc. (Elwood) (together, Defendants) on October 4, 2021. (Doc. 27). Plaintiffs Frances Arredondo (Arredondo) and Sage Coleman (Coleman) (together, Plaintiffs) filed a response on October 22, 2021. (Doc. 31). Defendants filed a reply in support of their Motion on October 29, 2021, and Plaintiffs filed a sur-reply on November 12, 2021. (Docs. 32, 34). After due consideration of the parties’ arguments, the record, and the applicable law, the Court GRANTS IN PART and DENIES IN PART Defendants’ Motion for Summary Judgment. (Doc. 27).

I. FACTUAL BACKGROUND

This case stems from Plaintiffs’ employment with Defendants. The summary judgment record establishes the following.

Elwood is a staffing agency that employed Plaintiffs to provide services for Schlumberger, Elwood's client company, in Midland, Texas. See Niedermeyer Decl. at 1. Arredondo is a Hispanic female, and Sage Coleman (now Sage Scott) is an African American female. See Coleman Dep. 19:24–20:1, 20:10–17. Plaintiffs began working at Schlumberger's gun shop facility in Midland in May 2018. See Niedermeyer Decl. at 1.

Arredondo completed onboarding documents on April 25, 2018. See Niedermeyer Decl. Ex. 6-B, 6-E. However, before applying with Elwood, Arredondo was required to undergo an onsite interview with Schlumberger's gun shop supervisor, Maritza Carrasco (Carrasco). See Arredondo Dep. 134:4–7. Carrasco offered Arredondo the "gun loader"² position at $18.50 per hour. Id. at 135:7–10. Arredondo began her work assignment as a gun loader on May 28, 2018. See Niedermeyer Decl. at 1.

Elwood recruited Coleman through a job fair in Louisiana. See Coleman Aff. 1. She was hired for the "gun loader trainee" position at Schlumberger's Midland gun shop. Id. Coleman completed onboarding documents on April 18, 2018. See Niedermeyer Decl. Ex. 6-A, 6-D. Coleman began her assignment on May 30, 2018. See Niedermeyer Decl. at 1.

Both Plaintiffs received Elwood's Associate Handbook and Schlumberger's Harassment-Free Workplace Policy. Id. Plaintiffs were scheduled to work for 14 days and were given seven days off. See Coleman Dep. 44:17–23; Arredondo Dep. 128:10–12. Schlumberger provided housing and transportation. See Arredondo Dep. 141:18–22.

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When Plaintiffs began working at the gun shop, Carrasco, a Hispanic female, was the gun shop manager, and Brenda Mitre (Mitre), also a Hispanic female, was an employee. See Niedermeyer Decl. at 1. Although a senior gun loader, Mitre did not hold a supervisory or management position, nor did she have the authority to take any personnel action. See Bol Decl. at 1. Carrasco introduced herself, Mitre, and a gentleman, to Arredondo as "supervisors of the [gun] shop." See Arredondo Dep. 140:1–5. Carrasco also advised Coleman that Mitre was a supervisor. See Coleman Dep. 34:24–35:23.

Coleman testified that Mitre sexually harassed her during her four-week assignment with Schlumberger. See Coleman Dep. 40:1–43:5. During the first incident, Coleman was sitting at a table with Lee Thomas (Thomas), Adriane Colon (Colon), and Katon Arceneaux (Arceneaux). Id. at 40:11–41:12. Coleman, Thomas, Colon, and Arceneaux were discussing Bourbon Street in New Orleans when Mitre joined the conversation stating that she enjoyed the "stripper places" on Bourbon Street and that she liked women with "big breasts and big butts shaped like [Coleman's]." See id. at 40:14–22. Mitre also told Coleman that Mitre "would know what to do with a woman like [Coleman]." Id. at 40:22–25. Mitre asked Coleman whether Coleman was bisexual and whether Coleman would be willing to try being bisexual; Coleman said "no," noting that she was married to a man. Id. at 40:23–41:4. Mitre twice asked whether Coleman was sure, and Coleman assured Mitre both times that she was sure.³ Id. 41:4–12. Thomas advised Coleman to report Mitre's comments to human resources (HR); however, Coleman did not do so because she was "scared that the company would terminate [her]." See Niedermeyer Decl. Ex. 6-F.

After that, Coleman asserts that Mitre would pat her on the shoulder and touch her hands while Coleman was building guns. See Coleman Dep. 41:21–42:7. Coleman responded by telling Mitre that she did not need help completing her work. Id. Finally, Coleman testified that after Mitre engaged in the above-detailed conduct, Mitre made it a point to be around Coleman. Id. 42:18–22. During Coleman's employment, Mitre also told Coleman that she and a female co-worker had sex with the same women⁴ and that she and a former employee went to strip clubs together. See Niedermeyer Decl. Ex. 6-F.

After completing her 14-day shift and before starting her seven days off, Coleman informed Carrasco that she did not want to work during the day shift because she did not want to work with Mitre. See Coleman Dep. 45:18–46:15. Coleman did not tell Carrasco why she did not want to work with Mitre. See id. at 46:8–15. Carrasco agreed to let Coleman work during the night shift. Id. at 45:22–24. However, when Coleman returned for her next 14-day shift, Carrasco informed Coleman, without explanation, that Coleman would continue working days. Id.

On June 22, 2018, Coleman filed her first complaint against Mitre to Schlumberger. See Mitcham Dep. 25:6–24. Coleman went to Kimberly Mitcham (Mitcham), an office administrator, to pick up her employee badge, and Mitcham asked Coleman how she was doing. See Mitcham Dep. 21:3–8. Coleman communicated to Mitcham the incident with Mitre. See Coleman Dep. 47:16–20, 48:4–22; Mitcham Dep. 21:3–25. Mitcham advised Coleman to speak with

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HR, and Mitcham herself reported Coleman's complaint to her managers, Shane Morgan (Morgan) and Mike.⁵ See Mitcham Dep. 22:2–19. Coleman's complaint was then reported to HR employee Ali Mendha (Mendha). See id. Mitcham also submitted Coleman's complaint to Mendha via email the same day. See Pls.’ Ex. 5a.

The report from Coleman noted that Carrasco and Mitre "favor[ed]" Hispanic employees and Mitre's sexually-charged comments toward Coleman. Id. Included in Mitcham's report to HR were other complaints against Carrasco. Id. Mitcham included a complaint from John Sonuga (Sonuga), who claimed that Carrasco had spoken to him in a derogatory manner in front of other employees, and Lance Sigue (Sigue), who had an issue with Carrasco because Carrasco spoke to employees in a demeaning way. Id. Mitcham also noted that Carrasco had "a history of treating employees this way" and that the complaints listed in her email were not the first she received. Id. Mitcham indicated that Carrasco was why another employee, Andy Zimarron (Zimarron), left the company. Id.

From June 22, 2018, to June 29, 2018, Mendha investigated the incidents reported. See Defs.’ Ex. 9. In his investigation summary, Mendha noted why the investigation was initiated—there were complaints against senior gun loaders’ demeaning and disrespectful attitude toward new employees. Id.

During Mendha's investigation, additional complaints were made. Id. Specifically, Coleman was accused of making disparaging remarks regarding a co-worker and Carrasco's sexuality and weight. Id. Three different individuals and Carrasco corroborated the claims against Coleman.⁶ Id. Mitre was accused of being disrespectful and demeaning toward co-workers. Id. It also came to light that Arceneaux had sexually harassed Arredondo. Id. When the investigation summary was drafted, Mendha was still investigating the sexual harassment accusation against Arceneaux, who was no longer working in the gun shop. Id. Finally, another employee, Beyonce Echeverria (Echeverria), also reported being subjected to harassment by Sigue in the form of sexual jokes and comments. Id. However, the allegation could not be corroborated. Id. Likewise, Coleman's complaints regarding Mitre could not be verified. Id.

After Coleman spoke with Mendha, Coleman denied making remarks concerning Carrasco's weight or sexuality. See Coleman Dep. 57:16–58:6.

As a result of Mendha's investigation, Mitre was given a written warning for unprofessional and disrespectful behavior. Id. ; see also Carrasco Decl. Ex. 4-A. Moreover, Mendha recommended releasing Coleman and that respect and professionalism training be conducted and made mandatory for all gun shop staff, outside of other mandatory training on the topic. Id. The additional training was scheduled for July 17, 2018. Id.

Coleman was released to Elwood effective June 29, 2018, for violation of Schlumberger's policy. See Defs.’ Ex. 11; see also Niedermeyer Decl. at 2. That same day, Milae Fish (Fish), Elwood's employee, was notified for the first time that Coleman had been subjected to sexual comments from Mitre. See Niedermeyer Decl. at 2.

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Fish spoke with Coleman on June 29, 2018. See Coleman Dep. 68:8–21. During Coleman's first conversation with Fish, Coleman did not inform Fish of the sex-and race-based...