Butler v. Coral Volkswagen, Inc., 82-8574-Civ.

• Citation: 629 F. Supp. 1034
• Decision Date: 04 March 1986
• Docket Number: No. 82-8574-Civ.,82-8574-Civ.
• Parties: Felix BUTLER, Plaintiff, v. CORAL VOLKSWAGEN, INC., Defendant.
• Court: U.S. District Court — Southern District of Florida

629 F. Supp. 1034

Felix BUTLER, Plaintiff, v. CORAL VOLKSWAGEN, INC., Defendant.

No. 82-8574-Civ.

United States District Court, S.D. Florida, Miami Division.

March 4, 1986.

COPYRIGHT MATERIAL OMITTED

Jeffrey Pheterson, Lakeworth, Fla., for plaintiff.

D. Culver Smith, III, West Palm Beach, Fla., for defendant.

MEMORANDUM DECISION

SCOTT, District Judge.

INTRODUCTION

This is a race discrimination action alleging racial harassment and discriminatory termination based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, and 42 U.S.C. Section 1981. Jurisdiction is properly vested pursuant to these statutes and pursuant to 28 U.S.C. Section 1331. This Court is sitting as the trier of fact in this case. See, Anderson v. City of Bessemer City, North Carolina, ___ U.S. ___, 105 S.Ct. 1504, 1512, 84 L.Ed.2d 518 (1985).

The parties to this controversy are Felix Butler, a black citizen of the United States, and Coral Volkswagen, Inc., a Florida corporation, which operates an automobile dealership in the West Palm Beach, Florida area. The defendant was an employer within the meaning of 42 U.S.C. § 2000 et seq. and employed more than fifteen persons at all times material to this case. Approximately 45 people were employed by this dealership.

This Court will divide its factual discussion into three aspects: background, racial harassment and termination.

BACKGROUND

Felix Butler is a black American former employee of defendant, Coral Volkswagen, Inc. Butler applied for a position with defendant as a mechanic's apprentice. Prior to his employment by defendant, Butler served in the United States Marine Corps as a military policeman, holding the rank of Sergeant at the time of his honorable discharge. After discharge he received two years of technical training in automotive mechanics at the North Technical Education Center in Riviera Beach, Florida under his G.I. Bill. He received a letter of recommendation from his instructor and he is a high school graduate.

Butler's initial duties at the dealership were those of a lubeman, performing oil changes, monitoring fluid levels and doing related tasks. He was told that he would be sent to a mechanic's school and, indeed, Mr. Butler believed that. I find that the "lure" of becoming a mechanic was an integral aspect of the parties' contract of employment.

After Butler had been employed by the defendant for approximately six months, Harrison Laney, General Manager of the defendant, requested that Butler be tested. He scored sufficiently high and he was sent to Volkswagen of America mechanic's classes in Jacksonville, Florida. Plaintiff successfully completed that one week course. During Butler's employment, his picture was hung in the service department with those of the other mechanics and underneath his picture were the words "Mechanic's Apprentice."

During Butler's tenure, and in addition to the customary duties of lubeman, Butler was assigned mechanic's tasks and, indeed, he was given a mechanic's number. No other lubeman was ever given a mechanic's number. However, immediately prior to his termination by defendant, Butler was instructed by Richard Blackford, Service Manager, to perform progressively more tasks that were not routinely contemplated at the time of Butler's employment such as sweeping and cleaning the floors, cleaning toilets and pulling weeds.

On or about August 29, 1979, Blackford confronted Butler concerning whether Mr. Butler would continue to perform such duties without extra pay, including one task customarily done on a volunteer basis for additional compensation. Blackford demanded an immediate answer and, as Butler stood in front of Blackford, he was fired on the spot for failing to give an immediate answer.

Butler filed a timely complaint of racial discrimination with the EEOC and the Florida Commission on Human Relations. On October 22, 1981, the Florida Commission issued a Notice of Determination-Cause, indicating there was reasonable cause to believe that Butler had been discriminated against on the basis of his race. When it appeared that no relief would be forthcoming, Butler filed in this court the present action.

RACIAL HARASSMENT

During Butler's tenure, he was confronted with racial epithets on a continuous basis. Bernie Waszak's and Richard Blackford's testimony was sufficiently graphic and it need not be repeated here. The testimony of Christopher Brooks, another former black employee of the Service Department, which I adopt as true and correct, also completes the factual scenario. Suffice it to say, epithets such as "Good morning, nigger," "Nigger, get your ass in here" and "We got another dumb nigger" were commonplace.

During his employment, plaintiff was frequently referred to as "nigger" by defendant's employees. Further, use of the term "nigger rigged" and other racially abusive language was a daily occurrence in the defendant's workplace. Its use was repeated and prolonged despite the plaintiff's objections. The tone of these comments was derisive. The use of this abusive language made plaintiff feel unwanted and uncomfortable at Coral Volkswagen. Specifically, Louis Csete referred to Felix Butler as "nigger" a number of times a day. Bernard Waszak also referred to Felix Butler as "nigger" on a frequent basis. Christopher Brooks, a black porter employed during Butler's tenure, was also subjected to racially abusive language.

Felix Butler complained about the use of the racially abusive language in the workplace to Richard Blackford. Blackford laughed and told the plaintiff, and I quote, "Don't you know the South was the last place to stop or abolish slavery?" When Butler received no effective corrective actions by Blackford, he took his case to Harrison Laney. Laney spoke briefly with all mechanics one time after Butler complained. He did not inquire as to whether any of these employees had in fact made any of these racially abusive statements and made no investigation whatsoever. He simply told each mechanic, in individual conversations, that if they did make any such statements to stop doing so. After this one brief conversation with each employee, he did not follow up to see if the remarks had stopped. He held no meetings of employees to advise them of company policy. He formally disciplined no one. He promulgated no written memoranda or policies indicating that such abusive harassment was against company policy.

The derogatory comments and slurs continued after Laney's conversations. Blackford, whose office is near the shop floor, could not have missed the fact that the harassment did not stop. Neither of these managerial employees took any steps which were in keeping with the situation. Neither of these managerial employees undertook any meaningful corrective action or actions which, in this Court's viewpoint, would rectify the then present situation.

Coral Volkswagen created or condoned an environment in the workplace which significantly and adversely affected the psychological well-being of Felix Butler because of his race. Brooks had also complained to Blackford about this harassment at approximately the same time, to no avail. Racial jokes were told at defendant's job site by employees, which practice was common to all levels of management including Laney. That atmosphere was permeated with racial epithets; jokes were directed to Butler based on race. Further, he was harassed by, and made the butt of practical jokes by Blackford and others based upon his race. He was sent out to the parking lot in the rain to bring in cars for service. These cars did not exist, thus making him run around the parking lot getting wet for no purpose.

So, to summarize the atmosphere and its effect on Mr. Butler, I borrow from Mr. Butler's own testimony, "They didn't treat me like a man." The plaintiff never referred to himself as "nigger", contrary to the assertions of defendant. For the benefit of this record, the Court substantially adopts Mr. Butler's testimony as true and correct.

This company is hoisted on its own petard by its utter failure to apply its own employment policies as outlined in its policy manual. This manual, a copy of which was provided to Mr. Butler, states, "It is the intent of this company to see that each employee is treated fairly and to maintain working conditions that would be to the company's and employees' mutual benefit." I make a factual finding that was not done in this case and it was known to management that the serious adverse conditions existed.

PLAINTIFF'S TERMINATION

After the plaintiff complained about the use of racially abusive language, Richard Blackford assigned him progressively more duties of the position of porter, which involved maintenance and janitorial functions. A reasonable inference made by this Court is that Blackford did so in an effort to force plaintiff's resignation. Plaintiff was instructed by Blackford to perform manual labor in pulling weeds, sweeping floors, cleaning bathrooms and performing the other tasks of a porter, including personally washing the automobile of Richard Blackford. Butler was required to wash this automobile although defendant employed other personnel whose primary function was to wash cars. Although some of these duties are customarily required of a lubeman, plaintiff was assigned these duties on a level and at a rate unlike any other employee in a position other than porter, obviously due to the racial issue involved.

On or about March 22, 1979, Felix Butler received a merit increase due to his performance. On or about June 27, 1979, plaintiff voluntarily agreed to perform extra duties involved with the cleaning of the floor of the shop after normal working hours at an additional $75.00 a month, and he satisfactorily performed those duties. As of August 10, 1979, plaintiff advised Blackford that he no longer wished to clean the shop floor after hours for extra money. The task was harder than originally agreed as the porter,...