Cunningham v. Kansas City Star Co.

• Decision Date: 03 February 1998
• Docket Number: No. 96-0334-CV-W-4.,96-0334-CV-W-4.
• Parties: Alisha CUNNINGHAM, et. al, Plaintiffs, v. THE KANSAS CITY STAR COMPANY, Defendant.
• Court: U.S. District Court — Western District of Missouri

995 F.Supp. 1010

Alisha CUNNINGHAM, et. al, Plaintiffs, v. THE KANSAS CITY STAR COMPANY, Defendant.

No. 96-0334-CV-W-4.

United States District Court, W.D. Missouri, Western Division.

February 3, 1998.

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Michael E. Waldeck, Niewald, Waldeck & Brown, Kansas City, KS, for Plaintiffs.

Robert L. Driscoll, Teresa L. Clark, Stinson, Mag & Fizzell, P.C., Kansas City, MO Diane P. Duvall, Polsinelli, White, Vardeman & Shalton, P.C., Overland Park, KS, David L. Heinemann, Stinson, Mag & Fizzell, P.C., Kansas City, MO, Joseph R. Colantuono, Overland Park, KS, for Defendants.

Sharon A. Willis, Missouri Department of Labor & Industrial Relations, Kansas City, MO, for Division of Employment Security, interested party.

ORDER

FENNER, District Judge.

Pending before the Court are defendant's Motions for Summary Judgment. Plaintiffs, nine employees of the Kansas City Star (Star), filed this action against The Star pursuant to the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et. seq. (Title VII); the Civil Rights Act of 1871, 42 U.S.C. §§ 1981 and 1981a; the Missouri Human Rights Act, R.S. Mo. § 213.010 et seq. (MHRA) and plaintiffs' common law rights, alleging that during their employment with The Star, they were subjected to unlawful discrimination as a result of their race, color, national origin, ancestry, or sex. Defendant, The Star, filed motions for summary judgment on all of plaintiffs' claims alleging that plaintiffs' claims are barred by the applicable statutes of limitation, and that each plaintiffs' claims of disparate treatment fail as a matter of law. As discussed below, defendant's motion is granted in part and denied in part.

I. STANDARD OF REVIEW

Rule 56(c), Federal Rules of Civil Procedure, provides that summary judgment shall be rendered if the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." In ruling on a motion for summary judgment, it is the court's obligation to view the facts in the light most favorable to the adverse party and to allow the adverse party the benefit of all reasonable inferences to be drawn from the evidence. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Inland Oil and Transport Co. v. United States, 600 F.2d 725, 727-28 (8th Cir.1979).

If there is no genuine issue about any material fact, summary judgment is proper because it avoids needless and costly litigation and promotes judicial efficiency. Roberts v. Browning, 610 F.2d 528, 531 (8th Cir.1979); United States v. Porter, 581 F.2d 698, 703 (8th Cir.1978). The summary judgment procedure is not a "disfavored procedural shortcut." Rather, it is "an integral part of the Federal Rules as a whole." Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see also City of Mt. Pleasant v. Associated Elec. Coop., Inc., 838 F.2d 268, 273 (8th Cir.1988). Summary judgment is appropriate against a party who fails to make a showing sufficient to establish that there is a genuine issue for trial about an element essential to that party's case, and on which that party will bear the burden of proof at trial. Celotex, 477 U.S. at 324.

The moving party bears the initial burden of demonstrating by reference to portions of pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, the absence of genuine issues of material fact. Id. (emphasis added). The nonmoving party is then required to go beyond the pleadings and by affidavits, depositions, answers to interrogatories and admissions on file, designate specific facts showing that there is a genuine issue for trial. Id.

A genuine issue of material fact exists "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The evidence favoring the nonmoving party must be more than "merely colorable." Id. at 2511. When the moving party has carried its burden under Rule 56(c), its opponent must do more than simply show there is some metaphysical doubt as to the material facts. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (footnote omitted).

Plaintiffs' claims for disparate treatment are analyzed under the framework of McDonnell Douglas v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), wherein plaintiffs' bear the initial burden of establishing a prima facie case, thereby raising an inference of discrimination. Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). After plaintiffs establish a prima facie case, the burden of production shifts to defendant, who then must articulate a legitimate, non-discriminatory reason for the adverse employment action. Burdine, 450 U.S. at 254. Should the defendant meet its burden of production, the presumption raised by plaintiffs' prima facie case is rebutted and drops from the case. Id. at 253. The burden then shifts back to the plaintiffs, who are given the opportunity to show that the employer's stated reasons are merely a pretext for discrimination. Id.

Summary judgment should seldom be used in employment discrimination cases and is appropriate only in "those rare instances where there is no dispute of fact and where there exists only one conclusion." Crawford v. Runyon, 37 F.3d 1338, 1341(8th Cir.1994)(citing Johnson v. Minnesota Historical Soc'y, 931 F.2d 1239, 1244 (8th Cir. 1991); Hillebrand v. M-Tron Industries, Inc. 827 F.2d 363, 364 (8th Cir.1987), cert. denied, 488 U.S. 1004, 109 S.Ct. 782, 102 L.Ed.2d 774 (1989)).

II. FACTS

Plaintiffs, Alisha Cunningham (Cunningham), Howard Gray (Gray), Clifford Herring, Jr. (Herring), Reginald Johnson (Johnson), Roderick Lloyd (Lloyd), Clifford McIntosh (McIntosh), Michael Miranda (Miranda), Anthony Thornton (Thornton), and Dwight Thurston (Thurston) are all residents of Missouri and with the exception of Miranda and Lloyd, all are active employees of The Star. Miranda is an inactive employee of The Star and Lloyd is a former employee. With the exception of Cunningham and Miranda, all plaintiffs are black males; Cunningham is a black female and Miranda is a Hispanic male. Plaintiffs' allege that they have been discriminated against by The Star in regard to training, promotions, pay, discipline, retaliation and a hostile work environment based on race. Cunningham additionally alleges that she has been subject to a hostile environment based on gender. Lloyd and Miranda additionally assert that they were constructively discharged from The Star.

III. DISCUSSION

Before reaching the merits of plaintiffs' discrimination claims, defendant argues that most claims are barred by the applicable statutes of limitation. The applicable statutes of limitation, Section 1981, Title VII and the MHRA will be discussed in turn.

A. Section 1981

All of the plaintiffs, with the exception of Lloyd, allege that they were discriminated against on the first day of their employment with The Star and that the discrimination has continued to the present date. Lloyd alleges that the first discriminatory act against him occurred in 1982 and continued until he submitted his letter of resignation in 1995. The statute of limitation period in Missouri for a race discrimination claim under 42 U.S.C. § 1981 (Section 1981) is five years. Drake v. Southwestern Bell Telephone Co., 553 F.2d 1185, 1188 (8th Cir.1977). Plaintiffs filed this lawsuit on March 26, 1996.

Defendant argues that plaintiffs' discrimination claims based on Section 1981 are time barred in two ways. First, defendant argues that any claims which arose before March 26, 1991, are absolutely barred by the five year statute of limitations.¹ Second, defendant argues that plaintiffs' claims are governed by the amended version of Section 1981, which became effective on November 21, 1991, and that because the amended version of Section 1981 is not retroactive, any claims which arose prior to November 21, 1991, are barred.² It is clear that the amended version of Section 1981 applies to plaintiffs' claims.³

Congress amended Section 1981 on November 21, 1991. The amended 1981 states:

(b) For purposes of this section, the term `Make and enforce contracts' includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship.

Defendant argues that the amended version of Section 1981 is not retroactive, therefore, it only applies to conduct that occurred after November 21, 1991. Accordingly, defendant requests that plaintiffs' Section 1981 claims involving pre-November 21, 1991, conduct be barred.

The United States Supreme Court has determined that the 1991 amendment to Section 1981 does not apply retroactively. In Rivers v. Roadway Express, Inc., 511 U.S. 298, 114 S.Ct. 1510, 128 L.Ed.2d 274 (1994), petitioners alleged respondent had discharged them in 1986 because of their race in violation of Section 1981. Petitioners filed suit in 1986, and while their appeal was pending, Congress amended Section 1981. The Court determined that Section 1981 could not be retroactively applied to pending cases of preenactment conduct. Therefore, petitioners complaint of wrongful discharge in 1986 was not governed by the amended version of Section 1981.

Accordingly, in Williams v. KETV Television, Inc., 26 F.3d 1439 (8th Cir.1994), plaintiff requested that the court submit her retaliation claims, which arose out of events that occurred in 1986 and 1988, to the jury under the amended version of Section 1981. The Court rejected plaintiff's request, finding that the 1991 amendmen...