Copeland v. Graybar Elec. Co.

• Docket Number: 2:22-cv-280
• Decision Date: 10 July 2023
• Parties: RICO COPELAND, Plaintiff, v. GRAYBAR ELECTRIC COMPANY, INC., Defendant
• Court: U.S. District Court — Western District of Washington

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RICO COPELAND, Plaintiff, v. GRAYBAR ELECTRIC COMPANY, INC., Defendant

No. 2:22-cv-280

United States District Court, W.D. Washington, Seattle

July 10, 2023

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BARBARA JACOBS ROTHSTEIN, U.S. DISTRICT COURT JUDGE

I. INTRODUCTION

This matter comes before the Court on a Motion for Summary Judgment, filed by Defendant Gravbar Electric Company, Inc. (“Graybar”). Graybar seeks judgment in its favor on Plaintiff Rico Copeland's state and federal claims of hostile work environment, race discrimination, and retaliation. Having reviewed the briefs filed in support of and opposition to the motion and the remainder of the record and having held oral argument thereon, the Court finds and rules as follows.

II. BACKGROUND

Plaintiff Rico Copeland was employed at Graybar Electric from July 2019 until his employment was terminated in October 2021. (Copeland Dep. 11:7-10). Graybar is a national distributor and wholesaler of electrical and telecommunications products, headquartered in Missouri. Plaintiff was employed in Graybar's Renton, Washington facility as a material handler ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT in the wire department, cutting bulk reels of different gauges of wire to customer specifications.

Plaintiff, who is Black, claims he was subjected to a hostile work environment, experienced disparate treatment on account of his race, and was terminated in retaliation for reporting incidents of what he claims were race-based harassment to management. He offers the following allegations, which the Court assumes as true for purposes of this motion, in support of those claims.

A. Incidents That Plaintiff Claims Contributed to Hostile Work Environment

Plaintiff's complaint focuses primarily on the alleged conduct of a fellow material handler in Graybar's wire department, Fred Christian. Copeland claims that on his first day of work, July 1, 2019, Christian “snapped his fingers at [Copeland], whistled, and said ‘come here,' as if he was calling a dog.” Copeland Decl., ¶ 5. Several days later, Christian allegedly did it again; this time, Copeland asked him not to do it anymore. Christian “glared at [Copeland] for about five seconds, crammed his hands into his pockets, and stormed off.” Id. Around this time, Copeland alleges he repeatedly caught Christian staring at him; “this wasn't regular staring, it was mean-mugging: staring with squinted eyes and a contorted mouth.” Id., ¶ 6.

Sometime in early 2020, six or more months later, “Christian pulled up his sleeve and showed [Copeland] his forearm,” revealing visible cuts on his arm. According to Plaintiff, Christian stared at him “dead in the eyes and said, ‘I cut myself so I don't shoot people like you' in an angry and aggressive tone.” Copeland Decl. ¶ 12.

In late 2020, Christian asked Copeland for help with a project while Copeland was in the middle of another task. When Copeland declined to interrupt what he was doing to help, Plaintiff claims, Christian “became very angry. There was a box of fiber nearby; he swelled up and punched it really hard. Then he turned and stared me down, flexing and posturing and making eye contact, as he slowly walked away, as if to instigate something.” Copeland Decl., ¶ 17. Copeland interpreted this behavior as a threat, or an invitation to fight.

In August 2021, Copeland overheard Christian telling another coworker, Moki Midar, that “some dumbass keeps putting green tape on everything.” Copeland Decl., ¶ 26. Since Copeland was the handler who was using green tape, he understood Christian to be talking about him, although Midar has denied that Copeland was referenced directly. Midar Dep. 9:9-22.

Approximately 5 days later, on August 10, 2021, Christian was driving a forklift through the warehouse and took a corner too fast, and “flipped a bundle of wire off a forklift towards [Copeland], hitting [his] shoulder and almost crushing [him].” Copeland Decl., ¶ 28. Copeland claims he was barely able to dodge the full force of the reel of wire, which “weighed probably several hundred pounds” and grazed him in the shoulder. Christian did not stop to check whether Copeland had been hurt, or to apologize, and Copeland believes Christian flipped the wire at him on purpose.

Plaintiff makes several other, less-specific allegations, lacking many details such as dates and circumstances. See, e.g., Copeland Decl., ¶ 7 (“If there was an error in work, Fred Christian immediately blamed a Black employee.”); id., ¶ 10 (“Christian tried to control how work was distributed to me, mean-mugged me as described, talked to me in a confrontational or negative tone, and would disrespectfully interrupt my work.”). In addition, Plaintiff claims that Christian “constantly talked about firearms” at work. Copeland Decl. ¶ 14. “He was often menacing when he spoke about them, not just lightly discussing them as a hobby but expressing it like an intimidation factor that he had access to firearms and knew how to use them.” Id.

Copeland also had several interactions with other employees in the wire department that he claims contributed to the hostile environment at work. “Sometime in 2020,” Plaintiff heard Ken Christian (Fred Christian's brother) say, in reference to news of a police shooting of a Black man six times in the back, “Yea, a couple of times would have been okay.” Copeland Decl., ¶ 15. In April 2021, Tyler Aves, Copeland's lead material handler in the wire department, asked Copeland to “take more jobs.” Copeland asked Aves to give the jobs to other workers, as he had several jobs ahead of Aves, and Aves “responded by raising his voice, making whooping noises and telling me to do my job.” Copeland Decl., ¶ 21. The confrontation escalated, and Copeland acknowledges both men lost their temper, “with him yelling at me and me yelling at him in equal measure.” Id. Copeland was sent home and was given a “second written warning,” the last step before termination according to Graybar policy. He claims Aves was never disciplined, and continued to taunt him for several days after the incident. Id., ¶ 23 (“Aves walked around with his chest puffed out, acting arrogant; and over the next several days, Aves continued to make the “woo woo” sounds he had made before and smirk at me whenever I walked past.”).

B. Copeland's Reports to Management and Management's Response

Copeland reported these alleged incidents to various members of Graybar's management. He reported to his supervisor, Cameron Wilson, the early 2020 incident in which Christian rolled up his sleeve and allegedly said to Copeland, “I cut myself so I don't shoot people like you.” (Wilson Dep. 113:22-114:22.) Wilson's supervisor, Service Center Manager Angela Levack-Neil, spoke with Christian about the incident. Christian denied his comments were directed to Copeland, but out of concern for his mental health, Levack-Neil referred Christian to Graybar's employee assistance program. Christian Dep. 66:17-25; Levack-Neil Dep. 17:13-18:6. Copeland also reported to Wilson the late 2020 alleged incident in which Christian angrily punched a box of fiber. Wilson gave Christian a verbal reprimand. Christian Dep., 44:20-22.

Copeland reported the August 2021 forklift incident to Levack-Neil. Levack Neil was unable to verify exactly how the incident occurred, as security cameras in the warehouse were not angled towards where it had happened. The explanation Christian gave her was that “the cradle, which is the pallet the reel was on, was partially broken and he didn't realize it. And when he turned right, it rolled off the left side of the pallet....[and] Rico stopped the reel from rolling.” Levack-Neil Dep., 4:7-13. Levack-Neil considered the explanation credible, and concluded the incident had been an accident. She also did not think that it was serious, as she did not believe the reel would have been moving quickly by the time it reached Copeland. Id., 65:13-20.

Twice in August 2021, Copeland complained to Wilson about a single conversation Christian was having about guns, and also reported his concerns about the conversation to Levack-Neil and then Senior Human Resources Advisor Melanie Hull. Speaking with Christian, Wilson learned that Christian had been discussing target practice with another coworker. Wilson Dep. 22:20-25:8. Levack-Neil and Wilson asked Christian not to talk about guns or firearms in the workplace, and apparently after that he did not. Christian Dep., 68:16-18. In August 2021, Copeland also reported to Wilson that he believed Christian had indirectly called him a “dumbass” for using the green tape. Wilson spoke with both Christian and Midar, to whom Christian had been speaking, and confirmed the comment had not been directed specifically at Copeland. The next day, Wilson gathered wire department employees and cautioned them he would not tolerate name-calling. Wilson Dep., 75:7-14.

At a meeting with Wilson and Levack-Neil on August 13, 2021 Copeland reported his belief that Fred Christian was “racist.” The allegation spurred an investigation by Levack-Neil and Hull, who interviewed several other minority employees, whom Copeland had identified as people who could corroborate his claim. After speaking with these employees, who generally did not believe Christian was treating employees of color differently from white employees, Levack-Neil and Hull concluded that Copeland's claim could not be substantiated. See Levack-Neil Dep., 46:3-17; 47:7-10 (“Based on their statements that -- they told me the opposite of what Rico had told me. Rico had told me that he was experiencing racism from Fred and that these other two employees would tell me the same thing, and they did not.... I did not have witnesses who stated what he said he th...