Bush v. American Honda Motor Co., Inc.

• Decision Date: 06 September 2002
• Docket Number: Case No. C-3-00-358.
• Parties: Brenda BUSH, Plaintiff, v. AMERICAN HONDA MOTOR CO., INC., Defendant.
• Court: U.S. District Court — Southern District of Ohio

227 F.Supp.2d 780

Brenda BUSH, Plaintiff, v. AMERICAN HONDA MOTOR CO., INC., Defendant.

Case No. C-3-00-358.

United States District Court, S.D. Ohio, Western Division.

September 6, 2002.

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Aaron G. Durden, Dayton, OH, for Plaintiff.

Theodore P. Mattis, Vorys, Sater, Seymour & Pease, Columbus, OH, for Defendant.

DECISION AND ENTRY SUSTAINING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. # 12); JUDGMENT TO ENTER FOR DEFENDANT AND AGAINST PLAINTIFF; TERMINATION ENTRY

RICE, Chief Judge.

Plaintiff Brenda J. Bush filed a Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC") against her employer, Defendant American Honda Motor Co., Inc. ("Honda"), on the basis of alleged racial discrimination. (See attachment to original Complaint (Doc. # 1).) On April 28, 2000, the EEOC closed the file and issued Bush notice of her right to sue.¹ Subsequently, Bush filed the underlying Amended Complaint (Doc. # 2) against Honda on several grounds, including, (1) infliction of emotional distress, (2) negligent hiring, retention, and entrustment of authority, (3) violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and (4) Chapter 4112 of the Ohio Revised Code. The general basis for all of her claims is her belief that she was demoted wrongfully from a supervisory position at Honda on account of her race.

Honda denies liability, and argues that Bush has failed to make a prima facie showing of discrimination, and that, in any event, it has handled issues of her employment in a legitimate, nondiscriminatory manner. It now moves for summary judgment (Doc. # 12).

As shall be discussed, for essentially all of the reasons stated in its Motion, the Court finds Defendant's argument well taken. Accordingly, it shall grant the Motion.

I. Factual Background²

Plaintiff Bush began working for Defendant Honda in March, 1977. (Bush Aff., attached to Bush's Response Brief (Doc. # 14), ¶ 2.) Over the ensuing decade, Bush enjoyed several promotions. (Id. ¶¶ 3, 4.) Then, in 1988, Bush, an African-American female, filed a discrimination charge against Honda. (Id. ¶ 5.) This charge was settled and withdrawn. (Bush Depo. at 182; id. at Ex. E.) Although a promotion was not expressly tied to the settlement (Bush Depo. at 182.), Bush was subsequently promoted to the position of Parts Center Warehouse Supervisor. (Bush Aff. ¶ 5.)

In her supervisory position, Bush supervised about 15 employees. (Id. ¶ 6.) From that position, she was demoted to a regular employee position on or around November 20, 1998.³ (Id. ¶ 7; Bush Depo. at 260.) It is the demotion which precipitated the underlying EEOC claim and lawsuit. The Court understands that Bush continues to be employed at Honda.

Another supervisor, Theresa Geary, was demoted on the same date as Bush. (Smith Aff., attached to Doc. # 12 at Ex. 1, ¶ 6.) Immediately following the demotions, the supervisory duties were assumed by Joseph Kennedy, a Caucasian male. (Bush Aff. ¶ 8.) However, according to the manager at the parts warehouse, Bruce Smith, Kennedy's was an interim assignment, and shortly thereafter, in December, 1998, and January, 1999, respectively, the positions were permanently filled. (Smith Aff. ¶ 6.) The two individuals to assume the permanent supervisory positions, Karim Malki and Troy Pope, are African-American males. (Id.) In addition, three other individuals subsequently assumed the supervisory positions which Bush and Geary had formerly occupied. They are Dave Allison, a Caucasian male, who transferred into the position from another Honda department in March, 1999; Kevin Barnes, an African-American male, who was hired into the position in May, 1999; and Wendall Banks, an African-American male, who was hired into the position in July 1999. (Id. ¶ 7.)

Honda's purported reasons for demoting Bush were her poor job performance and attendance record. (Id. ¶¶ 3, 4, 9.) Specifically, Honda cites the following deficiencies in Bush's performance: (1) her failure to complete in a timely manner certain reports; (2) her failure to complete in a timely manner certain yearly appraisals of employees under her supervision; (3) her removal of an employee's time card from the premises, which in turn delayed the calculation of the employee's wages; (4) her taking home bills of lading, which in turn caused shipping delays; (5) her failure to transcribe minutes of a meeting she attended as the designated secretary; (6) her poor leadership; (7) her poor responsiveness to employees; (8) her poor organization; (9) her poor interpersonal skills; (10) her poor attendance; (11) her tardiness; (12) her inefficiency; (13) her failure to meet goals; (14) her failure to implement certain work improvements as directed by management; and (15) her failure to respond to certain requests. (Id. ¶ 9.)

With respect to her attendance, Honda asserts that Bush did not meet the mandatory 98% attendance rate it set for supervisors. (Edwards Aff, attached to Doc. # 12 at Ex. 2, ¶ 4; Bush Depo. at 63.) It refers to her proclivity for being absent from the job site as a "chronic" problem. (Smith Aff. ¶ 4.) Furthermore, on July 31, 1998, Bush's immediate supervisor, Donald Edwards, issued her a "final written warning" in which he reprimanded her for attendance issues. (Bush Depo. at Ex. M.) Bush responds to this charge by stating that her absences were excused by a physician's statement, and that such excused absences were not chargeable against her attendance record. (Bush Aff. ¶ 12; Bush Depo. at 63.) Bush also states that another supervisor, Rita Huff, a Caucasian, was not demoted despite having a worse attendance record. (Bush Aff. ¶ 11.) In her deposition, Bush acknowledges that this assertion is based on her own observations, and not on a review of an official work attendance record. (Bush Depo. at 272-73.)

Bush denies that she was a poor worker, contending that she met 100% of her work objectives. (Bush Aff. ¶¶ 13, 14.) In support of its position, Honda has attached a number of documents to Bush's Deposition, including work performance evaluations from recent years.⁴ Honda apparently rates its employees' performances twice a year, once as part of a yearly merit appraisal, and a second time as part of a yearly bonus appraisal. Employees are rated on individual criteria, and then an overall performance rating is given. The rating scale for both is a five-point scale, with the lowest rating ("1") being "unsatisfactory," a "2" being "fair," a "3" being "proficient," a "4" being "commendable," and a "5" being "exceptional." A review of Bush's annual performance appraisals for the years April 1, 1996, through March 31, 1997, and April 1, 1997, through March 31, 1998, reveals that Bush's overall performance was rated a "2," or "fair." (Bush Depo. at Exs. I, L, & R.) Her bonus appraisals for 1996 and 1997 also rated her as "fair." (Bush Depo. at Ex. R.) In 1998, her bonus appraisal rating was a "1," or "unsatisfactory." (Bush Depo. at Exs. P & R.)

Honda has also submitted memoranda highlighting particular deficiencies in her performance that were of concern to Honda management. In particular, the Court notes two documents related to the timeliness of the filings of several Incident Investigation Reports: Exhibits G and H, as attached to Bush's Deposition. The Incident Investigation Reports are work-related accident reports which Honda requires its supervisors to complete and file when employees under their supervision are injured in the workplace. Among other things, the reports are used to inform management that a job-related injury has occurred, and to assist the internal safety committee in its monitoring of workplace safety. (Bush Depo. at 87.) Honda's policy at the time was that if an accident necessitated that the employee seek treatment at a medical facility, an accident report was to be filled out "immediately." (Id. at 86.)

On October 23, 1997, an employee under Bush's supervision, Vicki Merical, sustained a broken foot at the parts warehouse. (Id. at Ex. H.) On November 12, 1997, not yet having received an accident report, an administrative assistant, Heather Jewart, wrote Bush a memorandum in which she asked her to complete and submit one. (Id. at Ex. G; id. at 100-01.) Bush completed her accident report of the incident on November 13, 1997. (Bush Depo. at Ex. G.) In light of the untimeliness of the filing of her report on Merical, and of the untimeliness of the filing of two reports concerning medical treatment that she had sought personally on two dates in October of 1997, Bush received a "written warning" memorandum from Smith on November 21, 1997. (Id. at Ex. H.) In the memorandum, Smith informed Bush that her delay with respect to the submissions of the accident reports was "not acceptable," and that her actions showed "poor leadership." Smith also informed her that any future occurrences of such might result in discipline or her dismissal.

With respect to her own medical treatment, Bush was unaware, prior to the November 21, 1997, memorandum, that she was responsible for submitting reports for her own medical treatment. (Id. at 104.) With respect to Merical, Bush contends that when Merical reported the accident to her, Merical laughed and said her foot was "fine." (Id. at 89.) According to Bush, Merical told her about the accident on a Friday,⁵ and did not inform her that she was going to see a doctor until the following Monday. (Id. at 89-90.) Bush did not believe it was necessary to submit an accident report on the Friday she learned of the accident, given her understanding that such was only needed if an employee sought treatment at a medical facility. (Id. at 89.) Bush contends that upon learning, the following Monday, that Merical intended to seek a doctor's care, she filled out the accident report that day.⁶ (Id. at 90.) Bush makes no attempt to reconcile her statement that she completed the...