Bellairs v. Coors Brewing Co.

• Decision Date: 29 November 1993
• Citation: 107 F.3d 880
• Parties: 97 CJ C.A.R. 405 NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of
• Court: U.S. Court of Appeals — Tenth Circuit

Page 880

107 F.3d 880

97 CJ C.A.R. 405

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.

Christopher T. BELLAIRS, Plaintiff-Appellant, v. COORS BREWING COMPANY, Defendant-Appellee.

No. 95-1486.

United States Court of Appeals, Tenth Circuit.

March 12, 1997.

ORDER AND JUDGMENT ^*

Before HENRY, RONEY ^**, and MURPHY, Circuit Judges.

Appellant Christopher T. Bellairs was terminated by Coors Brewing Co. ("Coors") for sexually harassing a female co-worker in violation of Coors' sexual harassment policy. Bellairs brought this action for reverse gender and race discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, and for violation of his rights under 42 U.S.C. § 1981. Bellairs alleged Coors treated him differently from his female, Hispanic, and African-American co-workers who allegedly also sexually harassed other employees but were not terminated. Bellairs additionally brought claims against Coors for breach of contract and outrageous conduct. He now appeals the district court's order granting summary judgment in favor of Coors, but only with respect to his claims for reverse discrimination and breach of contract. This court exercises jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRMS the ruling of the United States District Court for the District of Colorado.

BACKGROUND

Bellairs was employed by Coors from December 1974 until his termination for sexual harassment in April 1993. In March 1993, Kris Kosirog, Bellairs' female co-worker in the can manufacturing warehouse, complained to the acting warehouse team leader that she "need[ed Bellairs] to leave [her] alone." Based on this complaint, the acting team leader called a meeting with Kosirog, Bellairs, and the team leader. At the meeting, Bellairs was disruptive and denied the allegations against him. Kosirog later met with Rich Jakubiak of Employee Relations and relayed further information that Bellairs had made derogatory sexual remarks about her in the warehouse. Jakubiak then interviewed other warehouse employees, three of whom corroborated Kosirog's claims. ¹ The acting warehouse team leader then terminated Bellairs based on an investigation of the claims against him and in light of Coors' personnel policies.

Coors has a personnel policy which both parties have agreed created a binding employment contract. Policy W-3 contains an explanation of Coors' disciplinary procedures:

Progressive discipline steps are:

-- a first written warning for first offense

-- a final written warning for the second offense

-- discharge for the third offense.

Disciplinary actions for absenteeism and policy/performance offenses are administered separately.

All disciplinary actions remain in effect and in the employee's personnel file for a 12 month period. Progressive discipline is based only on the last 12 month period. Supervisors, however, are expected to assess an employee's entire work history before issuing discipline.

Bellairs' termination was based on "violations of Coors' policies D-1: Discrimination and Sexual Harassment and gross misconduct in W-3: Work Rules and Corrective Discipline." Pursuant to policy W-3, the acting warehouse team leader relied on Bellairs' prior disciplinary record which contained several first and final warnings for various types of misconduct. At the time Bellairs was terminated, he was on a final written warning for sleeping on the job. In addition, Coors had received complaints in the past that Bellairs had sexually harassed other co-workers.

Coors' personnel policy provides a process for appeal of any employment decision, and Bellairs accordingly appealed his termination to Coors' Appeal Board. The board upheld his termination, finding the termination justified because Bellairs had violated Coors' policies by creating a hostile work environment for Kosirog. Next, Bellairs filed a claim with the Equal Employment Opportunity Commission ("EEOC") which resulted in a finding of no probable cause. Bellairs then filed this action.

Before the district court, Bellairs argued that Coors had treated him disparately because he was a white male. Specifically, Bellairs argued that Kosirog, an Hispanic male employee, and an African-American employee had all been accused of sexual harassment by co-employees yet were not terminated. Based on these facts, Bellairs claimed that Coors discriminated against him in terminating him because he was a white male. Bellairs also claimed that Coors breached its employment contract by terminating him.

The United States District Court for the District of Colorado granted Coors' motion for summary judgment, finding that Bellairs failed to state a prima facie case of race or gender discrimination and that Bellairs presented no genuine issue of material fact as to whether Coors breached its employment contract. Bellairs now appeals.

ANALYSIS

This court reviews a decision granting summary judgment de novo, viewing the record in the light most favorable to the non-moving party. Wolf v. Prudential Ins. Co., 50 F.3d 793, 796 (10th Cir.1995). Summary judgment is appropriate only if there are no genuinely disputed issues of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

While the movant bears the burden of showing the absence of a genuine issue of material fact, the movant need not negate the non-movant's claim. If the movant carries this initial burden, the nonmovant may not rest upon its pleadings, but must set forth specific facts showing a genuine issue for trial as to those dispositive matters for which it carries the burden of proof.

Wolf, 50 F.3d at 796 (citations omitted).

With respect to Bellairs' reverse gender and race discrimination claims, this court determines the summary judgment standard was met. In the absence of direct evidence of discrimination, ² Title VII disparate treatment claims require a three-part burden-shifting analysis. McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). First, the plaintiff must establish a prima facie case of discrimination. Id. at 802. If the plaintiff meets this initial burden, the burden shifts to the employer to "articulate some legitimate, nondiscriminatory reason" for the employment decision. Id. If the defendant meets this burden, the burden then reverts back to the plaintiff to prove that the reasons proffered by the defendant are mere pretext. Id. at 804; Randle v. City of Aurora, 69 F.3d 441, 452-53 (10th Cir.1995).

Coors conceded, for purposes of its summary judgment motion, that Bellairs could establish his prima facie case of gender and racial discrimination. ³ Coors, however, met its subsequent burden by establishing a legitimate, nondiscriminatory reason for terminating Bellairs: gross misconduct in the form of sexual harassment. See St. Mary's Honor Center v. Hicks, 509 U.S. 502, 507 (1993); EEOC v. Flasher Co., 986 F.2d 1312, 1316, 1318 (10th Cir.1992).

Bellairs' termination was explained by legitimate employment decisions. Coors offered evidence that it terminated Bellairs because it determined after an investigation that Bellairs sexually harassed Kosirog. Specifically, Coors presented evidence that Kosirog's accusations of sexual harassment against Bellairs were corroborated by three witnesses. In addition, Bellairs had a substantial history of employment infractions, including complaints for sexual harassment, and was on a final written warning for sleeping on the job at the time he was terminated. Coors thus presented sufficient evidence to establish a legitimate, non-discriminatory reason for terminating Bellairs.

Once Coors made this showing, Bellairs had the burden of presenting "evidence that the defendant's proffered nondiscriminatory reason was pretextual--i.e., unworthy of belief." Randle v. City of Aurora, 69 F.3d 441, 452-53 n. 17 (10th Cir.1995). Bellairs relied on the following as evidence of pretext: 1) he was terminated for sexual harassment while three minority employees also accused of sexual harassment were not terminated; 2) Coors equivocated on its reason for terminating Bellairs; 3) the suspect credibility of the three corroborating witnesses. ⁴

With respect to Bellairs' first pretext argument, we note that "Title VII does not make unexplained differences in treatment per se illegal nor does it make inconsistent or irrational employment practices illegal. It prohibits only intentional discrimination based upon an employee's protected class characteristics." Flasher, 986 F.2d at 1319 (emphasis in original). In Bellairs' case, he provides no support for his claim that the...