Clehm v. Bae Sys. Ordnance Sys., Inc.

• Citation: 291 F.Supp.3d 775
• Decision Date: 01 December 2017
• Docket Number: Case No. 7:16–CV–00012
• Parties: Carla A. CLEHM, Plaintiff, v. BAE SYSTEMS ORDNANCE SYSTEMS, INC., et al., Defendants.
• Court: U.S. District Court — Western District of Virginia

291 F.Supp.3d 775

Carla A. CLEHM, Plaintiff,
v.
BAE SYSTEMS ORDNANCE SYSTEMS, INC., et al., Defendants.

Case No. 7:16–CV–00012

United States District Court, W.D. Virginia, Roanoke Division.

Signed December 1, 2017
Filed December 4, 2017

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Brittany Michelle Haddox, Terry Neill Grimes, Terry N. Grimes, Esq., P.C., Roanoke, VA, for Plaintiff.

Thomas Eugene Strelka, Strelka Law Office, Roanoke, VA, for Defendants.

Joshua Linkous, Butner, NC, pro se.

MEMORANDUM OPINION

Michael F. Urbanski, Chief United States District Judge

In this employment action, plaintiff Carla A. Clehm alleges that while working as a tub house helper at the Radford Arsenal, she was sexually assaulted by coworker Joshua Linkous and later sexually harassed by other coworkers. She brings four claims against her employer, defendant BAE Systems Ordnance Systems, Inc.: sex discrimination and sexual harassment (Count I) and retaliation (Count III), in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, etseq., and assault and battery under a respondeat superior theory (Count II) and negligent hiring and retention (Count IV), in violation of Virginia common law. Currently pending before the court is defendant BAE Systems Ordnance Systems, Inc.'s motion for summary judgment on all four claims (ECF No. 153).¹ Because there is

291 F.Supp.3d 780

insufficient evidence from which a jury could find in Clehm's favor on any of these claims, the court will GRANT BAE's motion and dismiss this action with prejudice as to defendant BAE.

I.²

BAE is the federal defense contractor that operates the Radford Army Ammunition Plant ("the Arsenal"), an ammunitions manufacturing facility. Clehm began working at the Arsenal in 2005. Clehm Dep., ECF No. 154–2, at 36. From early 2014 to 2015, Clehm worked as a helper in the tub house within the Nitrocellulose Area. Defendant Joshua Linkous worked as a Nitrocellulose Chief Operator ("NCCO"), known colloquially as a "tub house chief," which is the position ranking above tub house helper but still within the bargaining unit. Id. at 72, 74, 78. Clehm was sexually assaulted by Linkous at work on two occasions, once on May 19, 2014 and again on or about June 5, 2014.³ Clehm reported the June assault to coworker Steven Brunk, another NCCO and Clehm's superior in the tub house, whom she has referred to as both a "friend" and a "coworker." Clehm Dep., ECF No. 154–2, at 71, 102, 104, 122, 179; Clehm Dep., ECF No. 160–2, at 361–63; Exs. 22, 41, 43 to Clehm Dep., ECF No. 154–12. Clehm also called Group Leader L.A. Woods several times and asked him to not put her on the same shift as Linkous, but she did not explain why or tell Woods anything about either of the incidents. Clehm Dep., ECF No. 154–2, at 104–05. Clehm admits that she did not immediately report either incident involving Linkous to anyone beyond NCCO Brunk, and she did not file reports with Human Resources (HR), the labor union representing the Arsenal's workers, or any of the other various channels BAE trains its employees to use to report sexual harassment.⁴ Id. at 96–97, 102–03, 106–07.

On July 28, 2014, HR Senior Labor Relations Manager Matt Linkous (no relation to defendant Joshua Linkous) was informed that another tub house helper, C.Q., had reported inappropriate conduct by defendant Linkous. C.Q. made the allegation the evening of July 27, 2014 to Group Leader L.A. Woods and Team Leader Brian Sowers; Woods and Sowers then escalated the allegation to Matt Linkous. M. Linkous Dep., ECF No. 154–14, at 15–16; M. Linkous Decl., ECF No. 154–26, at ¶ 20. Matt Linkous, Woods, and Sowers immediately interviewed C.Q. about her allegation, which she confirmed. M. Linkous Dep., ECF No. 154–14, at 16–17; M. Linkous Decl., ECF No. 154–26, at ¶ 21. Matt Linkous informed HR Business Partner Susanna Worrell that C.Q. had made allegations against defendant Joshua Linkous, and the two noted that this was the first time either of them had heard of any inappropriate conduct involving him.

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M. Linkous Decl., ECF No. 154–26, at ¶¶ 20, 23.

When Joshua Linkous returned to work the following day, oh July 29, 2014, BAE security intercepted him and escorted him to Matt Linkous' office to be interviewed. M. Linkous Dep., ECF No. 154–14, at 17; M. Linkous Decl., ECF No. 154–26, at ¶ 24. Defendant Linkous initially denied any wrongdoing, and Matt Linkous asked him to identify any other females with whom he worked recently. Linkous identified Clehm. M. Linkous Dep., ECF No. 154–14, at 18–19; M. Linkous Decl., ECF No. 154–26, at ¶ 26. Before that, Matt Linkous had never heard Clehm's name mentioned in connection with any alleged misconduct involving Joshua Linkous. M. Linkous Decl., ECF No. 154–26, at ¶ 27. At the conclusion of the interview, defendant Linkous was suspended, instructed to surrender his badge, and escorted off of the premises. BAE issued a "badge stop," which effectively banned Linkous from the Arsenal, and his photograph was held at the security gate to further prevent entry until BAE could conclude its investigation of the allegations against him. Joshua Linkous never stepped foot inside the facility again. M. Linkous Dep., ECF No. 154–14, at 27, 44–45; M. Linkous Decl., ECF No. 154–26, at ¶ 28; Clehm Dep., ECF No. 154–2, at 116.

That same day, Matt Linkous interviewed Kevin Mason and Eldon Meredith, both NCCOs, and asked whether they had information regarding C.Q.'s allegations. Both Mason and Meredith stated that C.Q. had told them about her issues with Linkous but asked them not to report it further, and neither Mason nor Meredith had personally witnessed anything between the two. However, Mason then told Matt Linkous that he had witnessed an interaction between Clehm and defendant Linkous, after which Clehm looked upset, but Mason had not seen anything inappropriate occur. M. Linkous Dep., ECF No. 154–14, at 20; M. Linkous Decl., ECF No. 154–26, at ¶¶ 29–30.

Upon Clehm's return to work on August 2, 2014, Matt Linkous and HR Business Partner Susanna Worrell sought her out and interviewed her. Clehm Dep., ECF No. 154–2, at 105–06, 109, 114. When Clehm was informed that her name had come up in connection with BAE's investigation into Joshua Linkous, her "face dropped and her lip began to shake" and "[a]lmost immediately after she began to cry." Clehm Dep., ECF No. 154–2, at 110, 117–18; M. Linkous Dep., ECF No. 154–14, at 19–20; Worrell Dep., ECF No. 154–18, at 25. Clehm described both the May and June 2014 incidents, and stated no one had witnessed either. Clehm had only disclosed the encounters to NCCO Brunk, her daughter, and her roommate. Clehm Dep., ECF No. 154–2, at 185; M. Linkous Decl., ECF No. 154–26, at ¶ 34. Clehm explained that she did not report her confrontations with defendant Linkous to anybody else, "[b]ecause I know what he can do." Clehm Dep., ECF No. 154–2, at 120, 130. Clehm stated that she was afraid of Joshua Linkous, fearing that he would come after her and try to kill her. Id. at 118.

Matt Linkous, on behalf of HR, continued meeting with potential witnesses on August 5, 2014. He determined that defendant Linkous should be discharged for this conduct, but kept him suspended with a badge stop while HR continued its investigation, due to the likelihood that the union would file a grievance in response. M. Linkous Decl., ECF No. 154–26, at ¶ 36. Further interviews revealed others were victimized by defendant Linkous. For instance, on August 6, 2014, HR met with G.O., who stated that she had been groped by defendant Linkous four or five years earlier but did not report it. The

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next day, HR met with L.P. who was similarly assaulted by defendant Linkous a year prior but was too ashamed to report it, and no one had witnessed the incident. M. Linkous Decl., ECF No. 154–26, at ¶¶ 38–39.

At HR's request, Clehm, C.Q., G.O., and NCCOs Brunk, Mason, and Meredith all submitted handwritten statements on August 8, 2014. Id. at ¶ 41. That same day, Clehm informed Matt Linkous that she had a Protective Order issued against defendant Linkous on August 7, 2014. Id. at ¶ 42; Clehm Dep., ECF No. 154–2, at 232. On August 14, 2014, HR completed its investigation and notified defendant Linkous that his employment was terminated effective immediately. M. Linkous Decl., ECF No. 154–26, at ¶¶ 42, 47. HR also notified Clehm and the other victims that Linkous had been discharged and the investigation had concluded. Id. at ¶ 47.

A.

In the aftermath of these events, Clehm suffered from various health issues including migraines, inability to focus, debilitating headaches, depression, anxiety, and panic attacks. Clehm began seeking medical treatment for her stress at work and, on August 5, 2014, while BAE's investigation was still ongoing, reported to her primary care doctor that she had been sexually assaulted. Clehm Dep., ECF No. 154–2, at 156. She later began seeking counseling from a licensed clinical social worker, as well as from BAE's Employee Assistance Program. On October 27, 2014, Clehm took FMLA leave. M. Linkous Decl., ECF No. 154–26, at ¶ 49. While on leave, BAE approved Clehm for short term disability...