Atkins v. LQ Mgmt., LLC

• Decision Date: 30 September 2015
• Docket Number: No. 3:13–00562.,3:13–00562.
• Citation: 138 F.Supp.3d 961
• Parties: Glenda ATKINS, Crystal Akridge, Darphelia Akridge, Doris Goodner, and Chica Alexander, Plaintiffs, v. LQ MANAGEMENT, LLC d/b/a La Quinta Inn and Suites, Defendant.
• Court: U.S. District Court — Middle District of Tennessee

138 F.Supp.3d 961

Glenda ATKINS, Crystal Akridge, Darphelia Akridge, Doris Goodner, and Chica Alexander, Plaintiffs,

v.LQ MANAGEMENT, LLC d/b/a La Quinta Inn and Suites, Defendant.

No. 3:13–00562.

United States District Court, M.D. Tennessee, Nashville Division.

Filed Sept. 30, 2015.

Mary Ann Parker, Stephen C. Crofford, Parker & Crofford, Nashville, TN, for Plaintiffs.

Charlotte S. Wolfe, Jennifer S. Rusie, William S. Rutchow, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Nashville, TN, for Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KEVIN H. SHARP, District Judge.

In this diversity case alleging employment discrimination in violation of the Tennessee Human Rights Act ("THRA"), Tenn.Code Ann. § 4–21–101 et seq., the sole remaining claim is whether any one or more of the Plaintiffs was subjected to a hostile work environment.¹ The Court held a bench trial on this issue from April 21–23, 2015, after which the parties were instructed to file proposed findings and conclusion and allowed to file supplemental briefs, the last of which was filed on July 29, 2015.

Having reviewed the parties' proposed findings and conclusions, their arguments, the record, the exhibits received in evidence, and the testimony of the witnesses, after considering their interests and demeanor, the Court enters the following Findings of Fact and Conclusions of Law in accordance with Rule 52(a) of the Federal Rules of Civil Procedure. Except where the Court discusses different testimony on a specific issue, any contrary testimony on a specific matter has been rejected in favor of the specific fact found. Further, the Court omits from its recitation facts it deems to be immaterial to the issue presented. Finally, to the extent that a finding of fact constitutes a conclusion of law, the Court so concludes; to the extent that a conclusion of law constitutes a finding of fact, the Court so finds.

I. FINDINGS OF FACT

1. Plaintiffs Glenda Atkins, Crystal Akridge, Darphelia Akridge, Doris Goodner and Chica Alexander, all African–American females, are former employees in the housekeeping department at the La Quinta Inn and Suites in Franklin, Tennessee. At all relevant times, Jeff Campbell, a Caucasian male, was the General Manager of the property, while Michelle Armour, an African–American female, served as Assistant General Manager.

A.

2. Ms. Atkins began working for Defendant LQ Management, LLC d/b/a La Quinta Inn and Suites² in 2008 as a housekeeper at the La Quinta Inn on Sidco Drive in Nashville, Tennessee. She had no supervisory responsibilities in that position. However, after approximately five years as a housekeeper, the General Manager of the property, Charles Livingston, asked Ms. Atkins if she had any interest in being the head housekeeper at the La Quinta Inn in Franklin, Tennessee. She responded in the affirmative.

3. Ms. Atkins met with Mr. Campbell, and was hired as the head housekeeper at the Franklin La Quinta in December 2011. This was a promotion and came with a raise.

4. As head housekeeper, Ms. Atkins checked to make sure all of the housekeepers had reported for work. She assigned them the floors they would be on, the rooms they would clean, and prepared the paperwork regarding those assignments. Occasionally, Ms. Atkins also cleaned rooms.

5. Although Defendant asserts that Ms. Atkins had no authority to hire, fire or discipline employees on her own, the credible evidence shows otherwise. Ms. Atkins was told by Mr. Campbell that she would be responsible for hiring and, in fact, she was responsible for hiring each of the other four Plaintiffs in this action. She did so after receiving an application and interviewing them. More often than not, the new housekeeping employee would start the same day as the interview, or the next day. Ms. Atkins also fired at least two employees while she was head housekeeper.

6. Ms. Atkins credibly testified that Mr. Campbell made what she considered to be untoward and/or racist comments, statements and/or actions at least twice a week.³ She testified these included:

(A) often using the word "monkey," and saying that the housekeepers looked like a bunch of monkeys when they were standing in the hallway;(B) stating that President Obama did not know what race he was, and that he needed to go back to Africa;

(C) stating that he would love to hire a bunch of Latinos or Mexicans because they know how to work and African Americans do not;

(D) stating that he needed to get "some lighter color" in the hotel;

(E) talking about African Americans on welfare, and housekeepers living in the projects;

(F) saying that the first of the month was Mother's Day because that was when government benefits are paid;

(G) saying that housekeepers would not come to work on welfare day;

(H) observing that African American women wear weaves in their hair, Caucasian women do not, and stating that horses were missing hair because of hair weaves;

(I) telling the African–American employees to exit through the front of the hotel because "people were stealing"; and

(J) providing Caucasian housekeepers bottled water, but requiring African–American to drink from the water fountain.⁴

(Docket No. 81, Tr. Trans., Vol. I pp. 27–30).

7. On several occasions, Ms. Armour was present when Mr. Campbell made comments about President Obama, including comments about the President not knowing his race and needing to go back to Africa.

8. At one time or another, each of the Plaintiff's complained to Ms. Atkins about Mr. Campbell,⁵ and, on several occasions, Ms. Atkins directly complained to Mr. Campbell about his comments. She told him the remarks were racist and that he could get in trouble for saying the things that he did. Mr. Campbell usually laughed and shrugged the complaints off, as if everything was a joke or "cute."

9. Ms. Atkins was extremely proud that President Obama had been elected. She took particular umbrage at Mr. Campbell's suggestion that the President should not have been elected and needed to go back to Africa, and she told Mr. Campbell as much.

10. At some point, Ms. Atkins learned from her co-workers that Mr. Campbell said he needed to "slap her black ass," after she had been issued a speeding ticket. Mr. Campbell admitted making a comment about smacking Ms. Atkins, but said he was only kidding.

11. Ms. Atkins also complained to Ms. Armour about Mr. Campbell. She met with Ms. Armour in a room at the hotel and told her Mr. Campbell's statements "w [ere] not right," that "he need[ed] to stop," and that the "girls" were offended by his statements about the President, and his remarks about welfare and hair weaves. (Id. at 35). Ms. Armour told Ms. Atkins that she would talk to Mr. Campbell.

12. In addition to complaining to both Mr. Campbell and Ms. Armour, Ms. Atkins called an 800 hotline number that had been set up by La Quinta Inns for discrimination complaints. The call went to voicemail and she left her name and number, but received no return call.

13. Mr. Campbell's comments had a negative emotional affect on Ms. Atkins. She dreaded going to work, did not like working around Mr. Campbell, and would often cry when she thought about the derogatory comments and statements that he made. As head housekeeper, Ms. Atkins wanted the "girls" to "look up to her," but felt Mr. Campbell demeaned her by telling other employees that he would "slap her black ass."

14. Ms. Atkins stepped down from the position of head housekeeper on Oct. 1, 2012,⁶ but continued to work at the Franklin La Quinta as a housekeeper on a part-time basis at lesser pay.

15. Ms. Atkins now works for Vanderbilt University as a laboratory technician.

B.

16. Ms. Alexander learned from Ms. Goodner about a job opening at the Franklin La Quinta Inn. She was interviewed at the hotel by Ms. Atkins, and began her employment as a housekeeper in June of 2012.⁷ She worked there for approximately seven months.

17. In filling out her application for employment Ms. Alexander wrote, "no" in response to the question of whether she had ever been convicted of a crime. In fact, Ms. Alexander pled guilty to dealing cocaine in a school zone, for which she did 18 months in prison. She was released on probation in 2010. Ms. Alexander testified that she omitted her conviction because she really needed a job and was told by Ms. Goodner that the hotel did not conduct background checks.

18. Ms. Alexander was disciplined on one occasion by Ms. Atkins because she did not report (or reported late) to work. She was not disciplined by Mr. Campbell.

19. Ms. Alexander credibly testified that Mr. Campbell made racially insensitive or offensive remarks quite often ("like every other day"), and while she did not hear all of the comments, she was informed by her co-workers of other remarks. She attributed the following statements and/or actions to Mr. Campbell which she found to be racially insensitive or offensive:

(A) When Ms. Alexander wore her hair in an "afro," Mr. Campbell stated that "only black people wear their hair like that";

(B) When President Obama was elected, Mr. Campbell said that the country should not have a black President and that he needed to go back to Africa where he came from;

(C) Mr. Campbell stated that young black women take off the first of the month because that is welfare day;

(D) When Ms. Alexander asked for a bottle of water one day, Mr. Campbell told her that was for the rich people in Franklin, and that the poor people in Nashville drink from the sewer water. Nevertheless, Mr. Campbell allowed the two Caucasian housekeepers to have bottled water;

(E) Mr. Campbell stated that "black girls live in the projects" yet "drive nice cars";

(F) Ms. Alexander was in the laundry room with Ms. Goodner when Mr. Campbell said that he would "slap [Ms. Atkins'] black ass";

(G) When Ms. C. Akridge passed her Certified Nursing Assistant ("CNA") test, Mr. Campbell stated that she must have copied off a white person;

(H) Mr. Campbell stated that the housekeepers should not bring chitlins to the Christmas party because

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