Brassfield v. Jack McLendon Furniture, Inc.

• Decision Date: 11 October 1996
• Docket Number: Civ. A. No. 95-D-475-N.,Civ. A. No. 95-D-476-N.
• Citation: 953 F.Supp. 1438
• Parties: Marsha Ann BRASSFIELD, Sharon K. Pierson, Plaintiffs, v. JACK McLENDON FURNITURE, INC., et al., Defendant.
• Court: U.S. District Court — Middle District of Alabama

953 F.Supp. 1438

Marsha Ann BRASSFIELD, Sharon K. Pierson, Plaintiffs, v. JACK McLENDON FURNITURE, INC., et al., Defendant.

Civ. A. No. 95-D-475-N.

Civ. A. No. 95-D-476-N.

United States District Court, M.D. Alabama, Northern Division.

October 11, 1996.

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David George Flack, Montgomery, AL, Brenda Faye Dunn Watson, Montgomery, AL, for plaintiffs.

Simeon F. Penton, Carla Rae Cole, Kaufman & Rothfeder, P.C., Montgomery, AL, for defendants.

MEMORANDUM OPINION AND ORDER

De MENT, District Judge.

Before the Court are defendants' motions for summary judgment. Defendants Jack McLendon Furniture, Inc. ("McLendon Furniture"), Jack C. McLendon, Lane McLendon, Jeffrey A. Thornell ("Thornell"), and Braxton Thrash ("Thrash"), filed a motion for summary judgment and supporting brief on the claims of plaintiff, Sharon K. Pierson ("Pierson"), on June 12, 1996. Defendants McLendon Furniture, Jack C. McLendon, Lane McLendon, Thornell, and Walter Yarn ("Yarn"), filed a motion for summary judgment and supporting brief on the claims of plaintiff, Marsha Ann Brassfield ("Brassfield"), on June 12, 1996. Plaintiffs filed a joint response to these motions on August 7, 1996. Plaintiffs later filed a joint supplementary response to these motions on September 26, 1996. After careful consideration of the evidence, the arguments of counsel, and the relevant caselaw that defendants' motions are due to be granted in part and denied in part.

JURISDICTION

This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) and supplemental jurisdiction over plaintiffs' state law claims pursuant to 28 U.S.C. § 1367. The parties do not contest personal jurisdiction or venue.

FACTUAL BACKGROUND

These consolidated cases arise from events which took place while Pierson and Brassfield were employed at McLendon Furniture. McLendon Furniture hired Pierson as a salesperson on March 6, 1993. She left the employment of McLendon Furniture on December 8, 1994. Brassfield began working as a salesperson at McLendon Furniture on March 23, 1993. Her employment was terminated on March 24, 1994.

Jack McLendon is the President and sole stockholder of McLendon Furniture. Jack McLendon Depo. at 6, 20. At all times relevant to this action, Lane McLendon and Thornell were officers of McLendon Furniture. Id. at 7. Further, Lane McLendon and Thornell were managers at McLendon Furniture. Lane McLendon Depo. at 13. Although Jack McLendon had final authority over all aspects of the business, he preferred to delegate that authority to department managers and allow them to make some decisions on their own. Jack McLendon Depo. at 20. Thrash began working as a salesperson at McLendon Furniture around 1983. Thrash Depo. at 9-10. Yarn has worked as a salesperson at McLendon Furniture since 1991. Yarn Depo. at 8.

The plaintiffs allege that they were sexually harassed by the managers and salespersons at McLendon Furniture. They further allege that they suffered disparate treatment in the terms and conditions of their employment on the basis of their sex. In July of 1994 and early August of 1994, Brassfield and Pierson, sought legal advice regarding their sexual harassment claims. Pierson Depo. at 324. On August 26, 1994, Pierson filed a complaint with the Equal Employment Opportunity Commission ("EEOC") in which she alleged discrimination, harassment and unequal pay on the basis of her sex and/or gender. In the charge, she named Lane McLendon as her harasser. She received a Notice of Right to Sue January 12, 1995. Pierson filed an amended charge with the EEOC on March 2, 1995. In this charge, she added a claim of retaliation for the actions of McLendon employees taken subsequent to the filing of her initial charge. Pierson received a second Notice of Right to Sue on March 2, 1995. Brassfield filed a charge with the EEOC on August 29, 1994 in which she alleged sexual harassment and disparate pay. In the charge, she named Lane McLendon and Thornell as her harassers. She received her Notice of Right to Sue from the EEOC on January 12, 1995.

Plaintiff Pierson

Pierson filed her Complaint on April 7, 1995. She seeks relief against the following defendants for the following causes of action:

(1) McLendon Furniture—Hostile Working Environment, 42 U.S.C. § 2000e et seq. ("Title VII") (Count I); Disparate treatment in pay based on gender, Title VII and 29 U.S.C. § 206(d) (Equal Pay Act ("EPA")) (Count II); gender discrimination in violation of Title VII (Count III); Retaliation for protected activities in violation of Title VII (Count IV); constructive discharge (Count V); invasion of privacy (Count VI); defamation (Count VII); and tort of outrage (Count VIII).

(2) Lane McLendon, Thornell, Thrash— Counts I, II, III, IV, VI, VII, and VIII.

(3) Jack McLendon—Counts I, II, III, IV, and VIII.

The record reveals the following alleged facts in support of Pierson's allegations:

Pierson was initially paid one thousand dollars per month plus two percent commission, while the male salespersons were paid on straight commission of five and a half to six and a half percent. Pierson Depo. at 65-66, Brassfield Depo. at 237. The male salespeople were sworn to keep the pay disparity a secret. Brassfield Depo at 329-30. Pierson was denied compensation or an explanation as to why she failed to receive compensation for special order sales she made. Pierson Depo. at 95-96. Male salespersons were permitted to "pad the hand" of managers, Lane McLendon and Thornell in return for which they would have their special orders filled quickly. Id. at 97-100. The managers, Lane McLendon and Thornell reported frequently to Jack McLendon, and Jack McLendon knew the "policies" that Lane McLendon and Thornell had instituted at McLendon Furniture. Brassfield Depo. at 214, 222.

Pierson alleges that she was sexually harassed on an almost continual basis. Pierson Depo. at 206. She claims that she informed managers Lane McLendon and Thornell about the harassment, but they failed to take any preventive measures. Id. at 376, 391-92. With respect to the individual defendants she claims¹:

Thornell

Thornell required Pierson to rub his neck and shoulders before he would answer her questions pertaining to work. Id. at 137, 190. During one of these incidences, Thornell pulled Pierson towards him so that her breasts pressed against his body. Id. at 190-92. On several occasions he asked Pierson to have sex with him at Pierson's apartment. Id. at 169-70; Brassfield Depo. at 104-06. He asked Pierson whether her new mattress had been "soil-shielded." Brassfield Depo. at 122-23. Thornell asked Pierson to go skinny dipping with him, and said that he'd like to see her in a wet t-shirt. Pierson Depo. at 393-97. He asked Pierson whether she forgot to wear her underwear. Id. at 216. He speculated about Pierson's sex life with other salespersons. Brassfield Depo. at 184. He denied Pierson's request for time off, but subsequently granted a male employee's request to be off during that same period. Id. at 138-41.

Lane McLendon

Lane McLendon told Pierson no woman would be high salesperson while he worked for McLendon Furniture. Id. at 213. He told her that females were lesser persons than males. Id. at 211-13. His harassment increased after she filed her EEOC charge. Id. at 243-45. On two occasions he pointed his finger at her and pretended to "blow her away." Id.

Lane McLendon stated one evening that any woman wearing panties could leave early. Id. at 171-72. He allowed male salespersons to leave early if they paid him. Id. He asked Brassfield whether Pierson wore panties, and said that he couldn't detect any panty lines. Id. at 430; Brassfield Depo. at 94-95. He asked Pierson whether the "P" on her necklace stood for prostitute. Pierson Depo. at 214-215. He made comments about a nude portrait of Pierson which Pierson brought to work. He suggested the portrait be hung in the mattress department. Id. at 294-97. He laughed about Thrash's comment that his lunch of chicken breasts made him think of Pierson. Id. at 129. He suggested that if he hired a female salesperson, Pierson would have to "take a licking." Id. at 214-15. He speculated about Pierson's sex life with other salespersons. Brassfield Depo. at 184.

Thrash

Thrash commented that the chicken breasts he ate at lunch reminded him of Pierson. Pierson Depo. at 129. He joked about the nude portrait Pierson brought to work. Id. at 299. He took bets on whether Pierson or Brassfield would last the longest at McLendon Furniture. Id. at 252-53. He speculated about Pierson's sex life with other salespersons. Brassfield Depo. at 184.

Plaintiff Brassfield

Brassfield filed her Complaint April 7, 1995. She seeks relief against the following defendants for the following causes of action:

(1) McLendon Furniture—Hostile working environment in violation of Title VII (Count I); disparate treatment in pay based on gender, Title VII and 29 U.S.C. § 206(d) (Equal Pay Act ("EPA")) (Count II); gender discrimination in violation of Title VII (Count III); retaliation for protected activities in violation of Title VII (Count IV); invasion of privacy (Count V); defamation (Count VI); assault (Count VII); assault and battery (Count VIII); tort of outrage (Count IX).

(2) Lane McLendon—Counts I, II, III, IV, V, VI, and IX.

(3) Thornell—Counts I, II, III, IV, V, VI, VIII, and IX.

(4) Yarn—Counts I, II, III, IV, VII, and IX.

(5) Jack McLendon—Counts I, II, III, IV, and IX. The record reveals the following alleged facts in support of Brassfield's allegations:

Brassfield was initially paid one thousand dollars per month plus two percent commission, while the male salespersons were paid on straight commission of five and a half to six and a half percent. Pierson Depo. at 65-66, Brassfield Depo. at 237. The male salespersons were...