Beatty v. Frito-Lay, Inc.

• Decision Date: 20 December 2019
• Docket Number: Civil Action No. 5: 18-607-DCR
• Citation: 429 F.Supp.3d 342
• Parties: DeBryant BEATTY, Plaintiff, v. FRITO-LAY, INC., Defendant.
• Court: U.S. District Court — Eastern District of Kentucky

429 F.Supp.3d 342

DeBryant BEATTY, Plaintiff,

v.FRITO-LAY, INC., Defendant.

Civil Action No. 5: 18-607-DCR

United States District Court, E.D. Kentucky, Central Division. (at Lexington).

Signed December 20, 2019

Linda B. Sullivan, Leahy & Leahy PLLC, Penacook, NH, for Plaintiff.

Bryan Howard Beauman, Donald C. Morgan, Sturgill, Turner, Barker & Moloney PLLC, Lexington, KY, Raymond A. Cowley, Pro Hac Vice, Dykema Gossett PLLC, McAllen, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

Danny C. Reeves, Chief Judge

Plaintiff DeBryant Beatty claims that that his employer, Defendant Frito-Lay, Inc.,¹ subjected him to a hostile work environment and refused to consider him for a promotion because of his race. He filed suit against Frito-Lay in the Fayette County Circuit Court alleging violations of the Kentucky Civil Rights Act ("KCRA"), K.R.S § 344.010, et seq. Frito-Lay removed the case to this Court pursuant to 28 U.S.C. § 1332. Following the deadline for completing discovery, the defendant moved for summary judgment. Because there is no evidence indicating that Frito-Lay discriminated against Beatty in violation of the KCRA, its motion for summary judgment will be granted.

I.

Frito-Lay hired Beatty, who is African American, as a Route Sales Associate ("RSA") in June 2010. [Record No. 29-1, p. 2] Beatty eventually was promoted to his current position of Route Sales Representative ("RSR"). [Record No. 29-2, p. 1] As an RSR, Beatty is responsible for selling and delivering Frito-Lay products to customer stores, merchandising products onto customers' shelves, and removing stale products from customers' stores. Id.

Beatty acknowledged during his deposition that he had received a copy of Frito-Lay's RSR Handbook, which includes a formal Corrective Action Process that governs employee discipline. [Record No. 29-1, pp. 5-6] Step 1 of the process consists of a "written reminder," which remains active in the employee's personnel record for six months. [Record No. 29-2, p. 5] Step 2 is a "written warning," which remains active for nine months. Id. at p. 6. Step 3 is a "final written warning," which also remains active for nine months. Step 4 is termination. Id. The handbook also includes an Internal Complaint and Appeal Procedure under which employees may challenge disciplinary actions taken against them. Id. Beatty testified that he was unfamiliar with the appeal process, but acknowledged that it was part of the handbook he had received. [Record No. 29-2, p. 8]

Beatty received a "step 1" written reminder from District Sales Leader ("DSL") Jackie Colgate on July 14, 2011, which he did not appeal. [Record No. 29-1, pp. 8-9] He received a "step 2" written warning from Colgate on September 20, 2011, for "having unsellables or, in effect, stale product out in the market." Id. at p. 9. Beatty refused to sign the written warning, but did not appeal it. Id. at p. 9. Beatty received an additional step 1 write-up on February 21, 2018, due to the presence of stale products in a store on his route. Again, he did not appeal. Id. at pp. 11-12.

Beatty learned from another RSR that a new Route Sales Specialist ("RSS") position was becoming available during the summer of 2018. Id. at p. 18. The RSS position was a temporary, six-month promotion for an existing RSR. [Record No. 29-2, p. 1] An RSS performs many of the same duties as an RSR, but also covers open routes; works with other RSRs to increase sales and improve service; mentors and trains newly-hired RSAs; and works with and develops full-time merchandisers. Minimum qualifications for the RSS position included: experience/skill with Frito-Lay routes; being willing and able to fulfill travel needs; a positive attitude; leadership mentality; no safety incidents within the past 12 months; and no active discipline . [Record No. 29-2, p. 13]

On July 24, 2018, former Zone Business Manager Sarah Rediford e-mailed several district supervisors, including Beatty's supervisor Alex Fezkco, regarding interviews for the RSS position. [Record No. 29-2, p. 22] She wrote: "On next Tuesday, July 31st, [Zone Sales Leader] Mike [Stacy] and I would like to meet with anyone that is interested in becoming a Sales Specialist for the Lexington DC area. We have received the list below of those interested. Please let us know the best time for them to meet with us next Tuesday...." Id. The following individuals' names were listed in Rediford's e-mail: Javier Ortiz; Tilford Garrison; Jordan Jennings; Steve Burchell; Scott Robinson; Kendall Cloyd; Tim Adkins; Josh Owens; and Mike Faulkner. Id. Clinton Carrington, an African American employee, was subsequently added to the list, but later withdrew from consideration. Id. at p. 2.

Notwithstanding his active step of discipline, Beatty notified Feczko, on or about July 25, 2018, that he would like to be considered for the RSS position. Feczko advised Beatty that he would contact Stacy and Rediford to schedule an interview for him. According to Beatty, Feczko contacted him on July 27, 2018, and confirmed his interview for the following Tuesday at 3:30 p.m. [Record No. 32-5, p. 5]

Feczko e-mailed Stacy on the evening of July 30, 2018, advising that Beatty wished to interview for the RSS position. [Record No. 29-2, p. 24] Stacy responded within minutes, asking: "Did you give him any direct feedback on his route performance?" Id. Stacy went on to state that "[the interviews] were scheduled in advance and [sic] would be happy to discuss with him the potential of backfilling one of the positions in the future." Id. Feczko responded that he had given Beatty feedback on his performance but "want[ed] to give him the same opportunity as the other RSRs to interview." Id. at p. 24. Feczko further explained: "I let my whole team know of the position but didn't approach [Beatty] directly about it because I didn't think he was the best candidate...." Id.

Beatty testified that when he arrived for his interview around 3:00 p.m. on Tuesday, July 31, 2018, both Rediford and Feczko were present. [Record No. 29-1, p. 22] According to Beatty, Mike Faulkner walked out of the interview room and said, "DeBryant, you're up." Upon approaching the interview room, Rediford shook Beatty's hand and said, "DeBryant, I know you're up here to interview. Unfortunately, we've got all of our candidates ... but this position will be available again in six months." Bewildered, Beatty said, "okay." Id.

At that point, Beatty and Feczko went into Feczko's office, where Beatty expressed his disappointment and confusion about not receiving an interview. Feczko conceded that he did not think Beatty was the best candidate for the position, but acknowledged Beatty's frustration concerning the situation. The two men did not discuss Beatty's active step of discipline and it appears that Feczko was unaware of it at the time. Contrary to company policy, Beatty secretly recorded the conversation. Id. at p. 22-23.

In August 2018, Scott Robinson and Josh Owens (both Caucasian males) were selected for the RSS positions. [Record No. 29-2, p. 2] Neither was on an active step of discipline from the date of his interview to the date he started the RSS position. Robinson, however, was on a medical leave of absence during the application and interview period, and was not cleared to return to work until August 12, 2018—the date he began the RSS position. Id. Robinson completed his first sixth-month term as an RSS and elected to continue on to a second term. Id. Owens completed his first term and elected to return to the position of RSR. Owens bid on route 49882 while he was still an RSS, but he was not awarded the route until January 27, 2019, when his RSS term ended. Id.

Because Owens did not extend his RSS position into a second term, Frito-Lay posted a newly-vacant RSS position for the Lexington Sales Zone in January 2019. Id. And despite being aware of the position, Beatty did not apply. Id.

II.

Summary judgment is appropriate where the pleadings and discovery materials on file show that there is "no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) ; Celotex Corp. v. Catrett , 477 U.S. 317, 324-25, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "A genuine dispute exists on a material fact, and thus summary judgment is improper, if the evidence shows ‘that a reasonable jury could return a verdict for the nonmoving party.’ " Olinger v. Corp. of President of the Church , 521 F. Supp. 2d 577, 582 (E.D. Ky. 2007) (quoting Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ).

The moving party has the burden of showing that at least one essential element of the plaintiff's claims is not supported by legally sufficient evidence. Celotex , 477 U.S. at 331, 106 S.Ct. 2548. To defeat the motion, the nonmoving party must then "show that there is doubt as to the material facts and that the record, taken as a whole, does not lead to a judgment for the movant." Front Row Theatre, Inc. v. American Mfr's. Mut. Ins. Cos. , 18 F.3d 1343, 1346 (6th Cir. 1994). In reviewing a motion for summary judgment, the Court views the evidence in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 587-88, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

III.

A. Hostile Work Environment

The Kentucky Civil Rights Act, K.R.S. § 344.040, mirrors Title VII of the Civil Rights Act of 1964, and discrimination claims brought under the KCRA are analyzed the same way as those brought under Title VII. Smith v. Leggett Wire Co. , 220 F.3d 752, 758 (6th Cir. 2000). One way that a plaintiff may prove a violation of the KCRA is by showing that his employer's unlawful discrimination has created a hostile work environment.

A hostile work environment exists when "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe and pervasive to alter the conditions of the victim's employment...