Buggs v. Elgin, Joliet & Eastern Ry. Co.

• Decision Date: 13 May 1993
• Docket Number: Civ. No. 2-92-CV-175 RL.
• Citation: 824 F. Supp. 842
• Parties: Robert L. BUGGS, Plaintiff, v. ELGIN, JOLIET & EASTERN RAILWAY COMPANY, Defendant.
• Court: U.S. District Court — Northern District of Indiana

824 F. Supp. 842

Robert L. BUGGS, Plaintiff, v. ELGIN, JOLIET & EASTERN RAILWAY COMPANY, Defendant.

Civ. No. 2-92-CV-175 RL.

United States District Court, N.D. Indiana, Hammond Division.

May 13, 1993.

Zena D. Crenshaw, Thomas B. Felix, Amy J. Miller, Hammond, IN, for plaintiff.

Harold Abrahamson, Hammond, IN, Patrick W. Ritchey, Pittsburgh, PA, for defendant.

ORDER

LOZANO, District Judge.

This matter is before the Court on a Motion for Summary Judgment filed by Defendant, Elgin, Joliet and Eastern Railway Company ("EJ&E"), on March 2, 1993. The Court, being advised in the premises, hereby GRANTS EJ&E's Motion.

BACKGROUND

Plaintiff, Robert Buggs ("Buggs") is a black male formerly employed by EJ&E as a switchman. Buggs originally worked for EJ&E from January 1, 1969, until October 1, 1977, when he was terminated. As a result of this termination, Buggs filed a charge with the Gary Human Relations Commission alleging race discrimination. The charge was turned over to the Equal Employment Opportunity Commission ("EEOC"), which issued a Right to Sue Letter on June 24, 1980. Consequently, Buggs filed a complaint in the United States District Court for the Northern District of Indiana alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964, § 701 et seq., as amended, 42 U.S.C. § 2000e et seq. ("Title VII"). The court found for Buggs and awarded reinstatement, back pay, and attorney's fees. Buggs v. Elgin, Joliet & Eastern Ry. Co., Civil No. 80-553 (N.D.Ind.1986).

Buggs was reinstated on February 2, 1987, and actually returned to service on March 13, 1987. Buggs did not work from April 13, 1987 through June 9, 1988, due to injuries suffered in an automobile accident. Buggs was again unable to work from August 9, 1988 through March 28, 1989, because of a work-related hearing injury. EJ&E's Medical Director, Dr. Pretter, approved Buggs' return on the condition that Buggs wear ear plug hearing protection. Buggs signed a letter on March 28, 1989, which explained that a condition of his return to work was the wearing of protective ear plugs. The letter specifically stated that Buggs' failure to comply with the requirement would result in disciplinary action. Buggs admits he knew of and understood the requirement.

On November 23, 1990, while Buggs was working the 7 a.m., Hot Metal # 2 assignment, he suffered an ear injury as a result of his proximity to a controlled dynamite explosion. Buggs left work that day and was not released to return to work by his doctor until December 28, 1990. EJ&E began a formal investigation of the incident and notified Buggs of that investigation on November 23, 1990. The purpose of the investigation was to develop facts and determine Buggs' responsibility, if any, relative to the charges that Buggs failed to comply with the requirement that he wear ear plugs, and that Buggs gave a false statement to Trainmaster J.J. Bonner regarding the November 23, 1990, incident. EJ&E held Buggs out of service pending the results of the investigation. On January 11, 1991, EJ&E terminated Buggs' employment, citing Buggs' failure to comply with the requirement that he wear protective ear plugs and his provision of false statements to a trainmaster regarding the November 23, 1990, incident.

EJ&E provides a "Book of Rules on the Operating Department" to every transportation department employee, including Buggs, which employees are expected to comply with Rule 700 states:

Employees who are insubordinate, dishonest, immoral, quarrelsome, or otherwise vicious, or who are careless of the safety of themselves or others, or who are negligent in the performance of their duties, or who do not have or fail to exercise good judgment will not be retained in the service.

EJ&E cites this rule as support for its rightful termination of Buggs.

On January 24, 1991, Buggs filed a charge with the City of Gary Human Relations Commission claiming discrimination based on race. Following investigation, the City of Gary Human Relations Commission relinquished the matter to the EEOC. The EEOC found no probable cause and issued Buggs a Right to Sue Letter. Buggs filed the present action under Title VII claiming that he was discriminated against because of his race and that he was retaliated against because of his 1977 claim of discrimination and subsequent reinstatement.¹

EJ&E moves for summary judgment on two separate grounds. First, EJ&E claims that Buggs failed to raise his claim of retaliation at the administrative level and therefore is precluded from asserting it in this Court, and, even if a retaliation claim is not precluded, Buggs fails to establish a prima facie case. Second, EJ&E argues that summary judgment is appropriate in this case because Buggs has failed to establish a prima facie case of race discrimination, and because EJ&E has articulated a legitimate nondiscriminatory reason for Buggs' termination which Buggs has failed to rebut.

DISCUSSION

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, summary judgment is proper only if it is demonstrated that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); First Wis. Trust Co. v. Schroud, 916 F.2d 394, 398 (7th Cir.1990). In other words, the record must reveal that no reasonable jury could find for the nonmovant. Karazanos v. Navistar Int'l Transp. Corp., 948 F.2d 332, 335 (7th Cir.1991); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). In deciding a motion for summary judgment, the Court must read all facts in the light most favorable to the nonmoving party. Anderson, 477 U.S. at 255, 106 S.Ct. at 2514; Richardson v. Penfold, 839 F.2d 392, 394 (7th Cir.1988).

The burden is upon the moving party to identify those portions of "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits," if any, which it believes demonstrates an absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. at 2553. Once the moving party has met this burden, the nonmoving party may not rest upon mere allegations but "must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e); Becker v. Tanenbaum-Hill Assoc., Inc., 914 F.2d 107, 110 (7th Cir.1990); Schroeder v. Lufthansa German Airlines, 875 F.2d 613, 620 (7th Cir. 1989). "`Whether a fact is material depends on the substantive law underlying a particular claim and only disputes over facts that might effect the outcome of the suit under governing law will properly preclude the entry of summary judgment.'" Walter v. Fiorenzo, 840 F.2d 427, 434 (7th Cir.1988) (citing Anderson, 477 U.S. at 250-252, 106 S.Ct. at 2511-2512).

"A party who bears the burden of proof on a particular issue may not rest on its pleading, but must affirmatively demonstrate, by specific factual allegations, that there is a genuine issue of material fact which requires trial." Beard v. Whitley County REMC, 840 F.2d 405, 410 (7th Cir. 1988). Therefore, if a party fails to establish the existence of an essential element of its case on which it bears the burden of proof at trial, summary judgment will be appropriate. In this situation, there can be "`no genuine issue as to any material fact', since a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial." Celotex, 477 U.S. at 324, 106 S.Ct. at 2553 (1986).

Failure to Assert Retaliation at Administrative Level

Buggs' charge filed with the EEOC alleges only race discrimination. Not only did Buggs fail to mark the box alleging retaliation, but he also failed to allege any facts in the explanation of the particulars of his EEOC charge which raise the issue of retaliation. Furthermore, the EEOC did not investigate retaliation. Buggs argues that EEOC charges are to be read liberally to protect Title VII plaintiffs so that a claim is not forfeited because of a mere technicality. However, if EEOC charges do not contain some specificity, the purpose of requiring an administrative remedy to allow for conciliation is thwarted.

The Seventh Circuit considered this issue in Steffen v. Meridian Life Ins. Co., 859 F.2d 534 (7th Cir.1988), cert. denied, 491 U.S. 907, 109 S.Ct. 3191, 105 L.Ed.2d 699 (1989). The plaintiff, a sixty-five year old male, alleged employment discrimination on the basis of age as well as retaliatory demotion and firing. However, in his EEOC charge the plaintiff did not mark the box for retaliation nor did he allege retaliation. The Seventh Circuit upheld the district court's order granting summary judgment on the retaliatory discharge claim because the claim was not within the scope of the EEOC charge. Id. at 544.

A Title VII claim may be maintained in a district court if it is "like or reasonably related to the allegations of the EEOC charge and growing out of such allegations." Id. (citations omitted). "Allowing a complaint to encompass allegations outside the ambit of the predicate EEOC charge would circumvent the EEOC's investigatory and conciliatory role, as well as deprive the charged party of notice of the charge, as surely as would an initial failure to file a timely EEOC charge." Babrocky v. Jewel Food Co., 773 F.2d 857, 863 (7th Cir.1985). Although a number of cases have allowed a retaliatory discharge claim to proceed without mention of that claim in the EEOC charge, those cases involved retaliation occurring after the filing of the charge, or were cases where notice was given the employer that retaliation was at issue, and thus, a double filing would serve no purpose. Steffen, 859 F.2d at 545 n. 2 (citations omitted).

Buggs contends that Jenkins v. Blue Cross Mutual Hosp. Ins., Inc., 538 F.2d 164 (7th Cir.), cert. denied, 429 U.S....