Chavez v. Credit Nation Auto Sales
| Decision Date | 12 September 2014 |
| Docket Number | No. 1:13–cv–00312–WSD.,1:13–cv–00312–WSD. |
| Citation | 49 F.Supp.3d 1163 |
| Parties | Jennifer CHAVEZ, Plaintiff, v. CREDIT NATION AUTO SALES, Defendant. |
| Court | U.S. District Court — Northern District of Georgia |
Gregory R. Nevins, Lambda Legal Defense and Education Fund, Inc., Atlanta, GA, Jerry L. Worthy, Jr., Worthy & Associates, Dallas, GA, Jillian T. Weiss, Law Office of Jillian T. Weiss, Tuxedo Park, NY, for Plaintiff.
Marc A. Celello, Celello Law Group, LLC, Woodstock, GA, for Defendant.
This matter is before the Court on Magistrate Judge J. Clay Fuller's Final Report and Recommendation (“R & R”) [76] on Defendant Credit Nation Auto Sales's Motion for Summary Judgment [48].
Plaintiff Jennifer Chavez (“Plaintiff”) was formerly employed as an automobile technician at Credit Nation Auto Sales (“Defendant” or “Credit Nation”). Credit Nation sells and repairs automobiles in Austell, Georgia. In June, 2008, Plaintiff started working at Credit Nation. At that time, Plaintiff was known as Louie Chavez and presented as a male. In the summer of 2009, Plaintiff decided to go through a gender transition because Plaintiff “could no longer run from [her] condition, and Plaintiff “did not want to die having lived a lie.” Chavez Dep. at 37. Plaintiff sought help from a mental health expert, attended meetings at a transsexual support group, and decided to inform Defendant of the intention to transition from a male to a female.
On October 28, 2009, Plaintiff met with Phil Weston, Plaintiff's immediate supervisor, and Cindy Weston, the Vice President of Credit Nation. Plaintiff informed them of the intention to transition from a male to a female. According to Plaintiff, Mr. and Mrs. Weston were both “extraordinarily kind” regarding the decision to transition. Jim Torcia, the owner of Credit Nation, testified that Plaintiff's decision to transition “did not move the needle for [him].” Torcia Dep. at 19–20.
After meeting with Mr. and Mrs. Weston, Plaintiff informed Credit Nation's service facility employees regarding Plaintiff's decision to transition from a male to a female. According to Plaintiff, the service facility employees were supportive of the decision, and “they all said they had no issue” with the transition. Chavez Dep. at 44–45. A week after Plaintiff announced the decision to transition, Plaintiff emailed a reporter from the Atlanta Journal–Constitution describing the circumstances of the decision to inform Plaintiff's employer about Plaintiff's condition and intent to transition. The reporter previously wrote an article about a transsexual woman, who had prevailed in a sex discrimination lawsuit against the transsexual woman's former employer. Plaintiff stated the following in the email to the reporter:
I asked for a meeting with my supervisor and the vice-president of the company, after very nervously telling my story, I was surprised to find that they both were extraordinarily understanding, kind and compassionate to hear what I was facing. Not only did they assure me I had nothing to worry about in losing my job, but they made sure that I understood that I had their support and offered any help that they could in completing my transition. The vp went back to her office and called the owner [Jim Torcia] to inform him and see if he agreed with their summation. He too was very supportive and was only concerned that I would be able to continue doing my job, and if that was not a concern then I had nothing to worry about as well. He made sure that all employees understood the no harassment policy and that anyone who committed an infraction would be terminated. All managers and employees were informed, and to my surprise and delight, I was met with nothing but kindness from all employees, even the crotchety old southern guys who I thought were set in their ways.
[49–6 at 1–2].
Plaintiff asserts that the supportive environment at Credit Nation ended two weeks after Plaintiff announced the intended transition. On November 12, 2009, Mrs. Weston told Plaintiff to “tone things down” because Plaintiff “visit[ed] the other technicians' stalls,” and “talk[ed] about surgeries,” including “breast augmentation
.” Weston Dep. at 34. Mrs. Weston stated that these conversations made the other technicians feel uncomfortable. Plaintiff initially testified at a deposition that Mrs. Weston did not “specify” whether Plaintiff was told to “tone things down,” at Mr. Torcia's direction, but Plaintiff assumed that the message came from Mr. Torcia. Chavez Dep. at 47. At a later point in the deposition, Plaintiff claimed that Mrs. Weston “told [Plaintiff] to tone it down because Mr. Torcia didn't like” Plaintiff discussing the intricacies of the transition with the other technicians. Chavez Dep. at 131.
On November 17, 2009, Plaintiff accused Richard Randall (“Randall”), an automobile technician at Credit Nation, of being dishonest about a car repair. According to a Credit Nation disciplinary report, Plaintiff received a verbal warning from Mrs. Weston because Plaintiff made “derogatory comments” about Randall during an argument Plaintiff had with Randall.
On November 24, 2009, Mr. Torcia met with Plaintiff at the service facility. Plaintiff alleges that, at this meeting, Mr. Torcia told “[Plaintiff] his concerns, worries, and apprehensions” regarding the gender transition. Chavez Dep. at 81. According to Plaintiff, Mr. Torcia stated that he was “nervous about [the transition]” and afraid that the transition may “impact his business” because “an applicant for a tech position declined his offer of employment [due to Plaintiff's] transition.” Id. at 82. Plaintiff alleges that Mr. Torcia complained that her “attire was upsetting other personnel,” and advised Plaintiff not to “wear too feminine attire ... coming to work or leaving work.” Id. at 84–85. Mr. Torcia also expressed his discomfort with Plaintiff wearing dresses, skirts and heels in the service department work area because Plaintiff's attire violated Credit Nation's workplace rules. Technicians at Credit Nation are required to wear work pants, a uniform shirt, and rubber soled shoes that allow technicians to walk on greasy and slippery surfaces. See Weston Dep. at 37–38.
In December 2009, Credit Nation approved two weeks of paid leave for Plaintiff, even though Plaintiff had accrued only a week of vacation time at that point. The extended period was allowed “to accommodate” Plaintiff's sex reassignment surgery. Chavez Dep. at 64–65; Torcia Dep. at 59.
On December 15, 2009, Plaintiff had another argument with Randall. According to Plaintiff, Randall was dissatisfied that “[Plaintiff] was getting special treatment from [Mrs. Weston],” because Plaintiff was “allowed to go to the doctor's appointment, do electrolysis almost every morning, and take excessive unpaid time to attend these doctor and therapist appointments.” Chavez Dep. at 61. Other technicians at the service facility “were also upset and thought that [Plaintiff] was getting special treatment by being able to take time off from work and not having to make it up.” Weston Dep. at 148. Plaintiff told Randall to “leave [Plaintiff] alone” because Plaintiff had Mrs. Weston's personal number. Chavez Dep. at 59–60. Mrs. Weston told Plaintiff “that it had been brought to [Mrs. Weston's] attention that [Plaintiff] had given the other employees the impression that [Mrs. Weston] had given [Plaintiff her] cell phone number which made [Plaintiff] special.” Weston Dep. at 144. Plaintiff received a verbal warning regarding Plaintiff's comment about getting special treatment from Mrs. Weston. Mrs. Weston gave her personal cell phone number to the other technicians to dispel any perception that Plaintiff was getting special treatment. Weston Dep. at 118.
Mrs. Weston observed Plaintiff change into heels and a dress on several occasions at around 5:30 p.m., and then go back into the service facility area. As a consequence, on December 16, 2009, Credit Nation issued a memo to all service personnel, which explained that all technicians were required to be in uniform from 8:00 a.m. until 5:50 p.m., Monday through Friday.
On December 16, 2009, Kirk Nuhibian (“Nuhibian”), the shop foreman, told Plaintiff not to use the unisex bathroom that is reserved for Credit Nation's customers and office personnel. Technicians at Credit Nation are required to use a different bathroom because the technicians “wear dirty clothes,” and accumulate oil and grease on their shoes. Chavez Dep. at 74; Nuhibian Dep. at 114; Weston Dep. at 52. Plaintiff started to use the unisex bathroom because she was wearing women's clothes, and the technician's bathroom “was quite dirty and grimy,” and it was “hard to use ... without ruining clothes.” Chavez Dep. at 73. Plaintiff objected to Nuhibian's instruction not to use the unisex bathroom because “[it] meant [Plaintiff] was going to be ruining clothes, and [Plaintiff] did not like that.” Id.
Later on December 16, 2009, Mrs. Weston emailed John McManus, an attorney who handled legal matters for Credit Nation, for advice regarding Plaintiff's use of the unisex bathroom. In the email to McManus, Mrs. Weston stated:
I wanted to give you a run down on what occurred today ... There are two restrooms located at the Service Center, both are unisex bathrooms. One is designated at [sic] Technicians [sic] restroom and the other is customer and office personnel. The technicians are required to have their own restroom due to the oil and grease that accoumilate [sic] on the bottom of their shoes and clothes. There was a meeting discussing this two weeks prior ... Louie returned today and confronted the shop foreman asking why there was restricted access to the customer restroom? He was told by the shop foreman “all technicians have their own restroom, and we have to keep the customer restroom clean for the customers.” Louie asked who is allowed to use it? Shop foreman repsonded [sic] “Customers,...
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