Carballo v. Log Cabin Smokehouse, Civ.A. 03-2295.
| Decision Date | 28 October 2005 |
| Docket Number | No. Civ.A. 03-2295.,Civ.A. 03-2295. |
| Citation | 399 F.Supp.2d 715 |
| Parties | Lindsay L CARBALLO v. LOG CABIN SMOKEHOUSE, et al. |
| Court | U.S. District Court — Middle District of Louisiana |
Allison Anne Jones, Grant E. Summers, Davidson Jones & Summers, Shreveport, LA, for Lindsay L. Carballo.
Bryce J. Denny, Rebecca L. Castillo, Cook Yancey et al, Shreveport, LA, for Log Cabin Smokehouse, et al.
RULING
Plaintiff Lindsay Carballo ("Carballo") brings this suit against her former employer, Log Cabin Smokehouse ("Log Cabin"), alleging employment discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq ("Title VII").
Pending before the Court is a Motion for Summary Judgment [Doc. No. 14] filed by Log Cabin. Carballo has filed a Memorandum in Opposition to the Motion for Summary Judgment [Doc. No. 27]. For the following reasons, Log Cabin's Motion for Summary Judgment is hereby DENIED.
Log Cabin is a restaurant owned and operated by Mr. Rinehart and Karen Rinehart (collectively "the Rineharts"). In May 2001, Carballo began her employment with Log Cabin as a waitress. During her employment Carballo alleges that she was sexually harassed and that she was, subsequently fired in retaliation for complaining of the sexual harassment. Carballo also alleges that she was discriminated against because she was pregnant.
Carballo alleges that Chuck Rinehart ("Mr.Rinehart") sexually harassed her while she was employed at Log Cabin. Carballo claims that Mr. Rinehart made comments about the size of her breasts and about having sex with her, grabbed her rear end, and exposed himself and asked her for oral sex on one occasion.
One evening after work, Carballo claims to have complained to Erik, a night manager, about Mr. Rinehart's inappropriate behavior. Carballo claims that Erik responded by saying, "he's [Mr. Rinehart] just a dirty old man, just ignore him." Carballo admits that she never filed any formal complaint and that she often ignored Mr. Rinehart's behavior.
Carballo also admits to telling sexual jokes, having conversations about sex with co-workers, referring to her shirt as a "tip-getting" shirt, "wagging" her tongue and winking at co-workers, bringing a string of Mardi Gras beads depicting a naked female with the inscription "show me your tits" to Mr. Rinehart, and telling one co-worker that she had sex in the freezer with her husband.1
In approximately June or July of 2002, Carballo became pregnant. Carballo told Mr. Rinehart she was pregnant and needed a larger work shirt. Carballo and Mr. Rinehart went to his office to get a larger shirt. Carballo claims that while they were in Mr. Rinehart's office he made comments about the size of her breasts and discussed how good he was in bed. Carballo also claims that Mr. Rinehart grabbed her rear end, asked for oral sex, and exposed himself. Carballo immediately left Mr. Rinehart's office and told a co-worker, Ashley Wright ("Wright"), about the incident. Neither Wright nor Carballo reported the incident. Carballo admits that this was the last time Mr. Rinehart did anything inappropriate prior to her termination.
The weekend of September 13, 2002, the Rineharts suspended Carballo from work because of her alleged emotional outbursts in front of customers. Carballo returned to work the following Monday.
The following weekend of September 21, 2002, Carballo allegedly told a co-worker, Peter Guiterrez ("Guiterrez"), about the harassment. Carballo complained about Mr. Rinehart exposing himself, grabbing her, and making comments about the size of her breasts. Carballo states that she vividly remembers talking with Guiterrez because Mr. Rinehart was standing behind her and she thinks Mr. Rinehart overheard the conversation.
During the week of September 23, 2002, Carballo took some time off from work. During this time, the Rineharts claim that several restaurant employees complained about Carballo. After learning that Carballo was pregnant, the Rineharts had asked her not to lift any heavy objects. However, several co-workers told the Rineharts that, during the weekend, Carballo insisted on lifting a heavy bucket of salsa and threatened to sue the restaurant if she miscarried her baby.
On September 26, 2002, the Rineharts terminated Carballo. The Rineharts told Carballo that they were firing her because she had a poor attitude and threatened to sue the restaurant. However, the Rineharts admit that Carballo was a good waitress and well liked at the restaurant and that they wanted to give her a good recommendation.
Carballo timely filed a perfected charge of discrimination with the Equal Employment Opportunity Commission. On September 17, 2003, Carballo received a notice of right to sue.
On December 15, 2003, Carballo filed a complaint against Log Cabin asserting claims of sexual harassment, retaliatory discharge, and sex discrimination on the basis of pregnancy.
On August 12, 2005, the Rineharts filed a Motion for Summary Judgment. On September 30, 2005, Carballo filed a Memorandum in Opposition.
With full briefing by all parties completed, the Court is now prepared to rule on the Motion for Summary Judgment.
Summary judgment is appropriate only when the pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits, show there are no genuine issues as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c). The moving party bears the initial burden of informing the court of the basis for its motion by identifying portions of the record that highlight the absence of genuine issues of material fact. Topalian v. Ehrman, 954 F.2d 1125, 1132 (5th Cir.1992). A fact is "material" if proof of its existence or nonexistence would affect the outcome of the lawsuit. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute about a fact is "genuine" if the evidence is such that a reasonable fact finder could render a verdict for the nonmoving party. Id. The moving party cannot satisfy its initial burden simply by setting forth conclusory statements that the nonmoving party has no evidence to prove its case. Ashe v. Corley, 992 F.2d 540, 543 (5th Cir.1993).
If the moving party can meet the initial burden, the burden then shifts to the nonmoving party to establish the existence of a genuine issue of material fact for trial. Norman v. Apache Corp., 19 F.3d 1017, 1023 (5th Cir.1994). "The party opposing summary judgment is required to identify specific evidence in the record and to articulate the precise manner in which the evidence supports his or her claim." Ragas v. Tenn. Gas Pipeline Co., 136 F.3d 455, 458 (5th Cir.1998). The nonmoving party must show more than "some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In evaluating the evidence tendered by the parties, the court must accept the evidence of the nonmovant as credible and draw all justifiable inferences in its favor. Anderson, 477 U.S. at 255, 106 S.Ct. 2505.
Title VII forbids employers to take actions on the basis of sex that "discriminate against any individual with respect to [her] compensation, terms, conditions, or privileges of employment." 42 U.S.C. § 2000e-2(a)(1). Sexual harassment is a form of sex discrimination prohibited tinder Title VII. See Mentor Savings Blink v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986).
To prevail on a sex-based harassment claim alleging hostile work environment, the plaintiff must prove: (1) she belongs to a protected class; (2) she was subjected to unwelcome harassment; (3) the harassment complained of was based on sex; (4) the harassment complained of affected a term, condition, or privilege of employment; and (5) the employer knew or should have known of the harassment in question and failed to take prompt remedial action. Green v. Adm'rs. of the Tulane Educ. Fund, 284 F.3d 642, 655 (5th Cir. 2002) (internal citation omitted). When the harassment is committed by a supervisor with immediate or successively higher authority over the harassment victim, the employee need only prove the first four elements.
In determining whether a workplace constitutes a hostile work environment, courts should look at all the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance. Id. at 655. Title VII does not prohibit "genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex." Oncale v. Sundowner Offshore Svcs. Inc., 523 U.S. 75, 81, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998). A recurring point in the Supreme Court's hostile environment cases is that simple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the terms and conditions of employment. Faragher, 524 U.S. at 788, 118 S.Ct. 2275. The standards set forth by the Supreme Court seek to ensure that Title VII does not become a "general civility code." Oncale, 523 U.S. at 80, 118 S.Ct. 998. Properly applied, they will filter out complaints attacking "the ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender-related jokes, and occasional teasing." Faragher, 524 U.S. at 788, 118 S.Ct. 2275 (quoting B. Lindemann & D. Kadue, Sexual Harassment in Employment Law 172 (1992)). The Supreme Court has made it clear that conduct must be so extreme, so severe and pervasive, as to amount to...
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