DeLEON v. ST Mobile Aerospace Engineering, Inc.

• Decision Date: 09 February 2010
• Docket Number: Civil Action No. 08-00562-KD-N.
• Citation: 684 F. Supp.2d 1301
• Parties: Fernando DeLEON, et al., Plaintiffs, v. ST MOBILE AEROSPACE ENGINEERING, INC., Defendant.
• Court: U.S. District Court — Southern District of Alabama

684 F.Supp.2d 1301

Fernando DeLEON, et al., Plaintiffs, v. ST MOBILE AEROSPACE ENGINEERING, INC., Defendant.

Civil Action No. 08-00562-KD-N.

United States District Court, S.D. Alabama, Southern Division.

February 9, 2010.

James Arthur Butts, John D. Saxon, Joseph Anthony Hutchings, Birmingham, AL, for Plaintiffs.

Paul D. Myrick, Jackson, Myrick LLP, Mobile, AL, for Defendant.

ORDER

KRISTI K. DuBOSE, District Judge.

This matter is before the Court on Defendant's Motion for Summary Judgment (Docs. 38, 39), Plaintiffs' response in opposition (Docs. 41, 42) and Defendant's reply thereto (Doc. 43).

I. Complaint

Plaintiffs initiated this litigation on September 29, 2008, alleging discrimination on the basis of race and national origin pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. and the Civil Rights Act of 1866, as amended, 42 U.S.C. § 1981.¹ (Doc. 1). Plaintiffs allege five counts against ST Mobile Aerospace Engineering, Inc. ("MAE"): Title VII disparate treatment-race (count one); Title VII disparate treatment-national origin (count two); Title VII retaliation (count three); Section 1981 disparate treatment (count four); and Section 1981 retaliation (count five). (Id.) Specifically, Plaintiffs Fernando DeLeon, Jose Castillo, Jesus Nunez, Alain Ramirez-Flores ("Ramirez"), Peter Loo and Wilmer Crespo² allege that they are Hispanic males who worked for MAE as contract mechanics on crew leader John Shaw's ("Shaw") crew from October 2005 through April 3, 2006; Shaw harassed them because of their national origin and race; and MAE terminated their assignments on April 3, 2006 in retaliation for their complaint about the harassment and because of their national origin and race. Plaintiffs assert that Shaw engaged in a pattern of harassment against them (but not to other non-Hispanic white employees) by rushing them at work and consistently accusing them of being behind schedule when they were not; throwing work cards at them; snapping his fingers at them and demanding they work faster; hurrying them up by shouting "Andale, Andale!" or "chop chop" at them; and making then perform menial tasks that were not required of non-Hispanics. (Doc. 1 at 4-5).

II. Facts³

A. Structure of MAE

MAE performs commercial aircraft maintenance and repair for various commercial airlines. The work is performed by aircraft mechanics with various specialties including A & P Mechanics (airframe and power plant or APG), Sheet-metal/Structures Mechanics, Avionics Mechanics and Interiors Mechanics. (Doc. 39 at 5). Plaintiffs were Interiors Mechanics who generally inspect and repair panels, seats, overhead luggage departments, carpet, lavatories and galleys inside the aircraft.

MAE's aircraft mechanics have progressive skill levels ranging from Skill Level I (least) to Skill Level III (most) to Apprentice (training position). All contract mechanics are generally required to be Skill Level III or Senior Mechanics. (Doc. 38-12 (Decltn Wellington at ¶ 3 and Exs. 1A-1E)). MAE's aircraft mechanics include MAE employees and temporary contract mechanics, and based on workloads, MAE may release contract mechanics at any time including on any given day, for lack of work. (Doc. 38-12 (Decltn. Wellington at ¶ 2); Doc. 38-3 (Dep. Nunez I at 89); Doc. 38-1 (Dep. DeLeon at 116-117); Doc. 38-15 (Decltn. Caceres at ¶ 6)).

Throughout the years, MAE's mechanics in all specialties (employees and contract workers) have performed work in other specialties depending on the workload and availability of mechanics within a specific specialty. Notably, the job descriptions for each of the mechanic specialties states that the "essential responsibilities" include to "perform any duties that may be assigned by his or her supervisor." (Doc. 38-12 (Decltn. Wellington at ¶ 3 and Exs. 1A-1E)). According to MAE, primarily due to a shortage of A & P and Structures Mechanics over the years, Interiors Mechanics (such as Plaintiffs) have often been assigned to perform less skilled A & P and Structures work, including opening and closing the exterior panels of the aircraft, lubricating the aircraft, changing the landing gear and performing other corrosion maintenance. (Id.; Doc. 38-13 (Decltn. Langley at ¶ 3); Doc. 39 at 6-7; Doc. 38-14 (Decltn. Shaw at ¶ 9-10); Doc. 38-3 (Dep. Nunez I at 23-24)). While much of the work performed by A & P Mechanics is more highly-skilled and may entail more responsibility than the work performed by Interiors Mechanics, the work is not more physically demanding or difficult to perform than Interiors Mechanics work. (Id.; Doc. 38-10 (Dep. Langley at 39-40); Doc. 38-17 (Decltn. Glover at ¶ 3)).

MAE's aircraft mechanics are generally assigned to work on aircraft projects in a particular customer's aircraft program (e.g., Northwest Airlines program). During the time relevant to this litigation, MAE was performing work on several different programs in eight expansive aircraft hangers with from one to three aircraft projects in progress in each hangar. (Doc. 38-12 (Decltn. Wellington at ¶ 4)). Mechanics are assigned to crews comprised of 10-15 mechanics in the same specialty under the direction of a "Lead." (Id.; Doc. 38-13 (Decltn. Langley at ¶ 4)). Interiors Leads on a particular customer aircraft program report to the Interiors Supervisor for that program who then reports to the Program Manager. (Doc. 38-13 (Decltn. Langley at ¶ 5)). The Lead generally assigns jobs to each crew member at the beginning of each shift by distributing work or job assignment cards to each member of the crew and is responsible for directing, monitoring and checking the crew's work throughout the shift. (Id. at ¶ 4). The Lead has no authority to terminate an employee or release a contract worker. (Id.; Doc. 38-14 (Decltn. Shaw at ¶ 1)). For a Lead to send a contract worker home for lack of work on a given day, the Lead must have the approval of the Interiors Supervisor. (Id.) The Program Manager must approve the discipline, release or termination of a contract worker. (Id.)

Lead John Shaw ("Shaw") has worked at MAE for over 16 years as an Interiors Mechanic, an Interiors Lead and acting Interiors Supervisor. (Doc. 38-14 (Decltn. Shaw at ¶ 1)). Shaw (Caucasian) was working as an Interiors Lead on the Northwest Airlines program in Hangar 1 on September 25, 2005. (Id.)

B. EEO Policy

MAE has a comprehensive EEO Policy that covers employees and contract workers and which prohibits discrimination and harassment because of race and national origin. (Doc. 38-12 (Decltn. Wellington at ¶ 9)). Each employee and contract worker receives a copy of the EEO policy during new hire orientation and is required to sign an acknowledgment to confirm that he or she has read, understands and agrees to comply with same. (Id. at ¶ 9(c)). Additionally, the EEO policy is included in the MAE Employee Handbook and each employee signs an acknowledgment to confirm he or she has read and will abide by the policy. (Id.) Moreover, the EEO policy is also posted on 10 communication centers located throughout MAE's facilities including in each aircraft hangar where mechanics work and in the cafeteria/break room. (Id. at ¶ 9(d) and Ex. 4-3). Further, MAE periodically includes articles on the EEO policy in the employee newsletter Plane Talk. (Id. at ¶ 9(d)). Finally, MAE established a multiracial EEO Council to promote full implementation of the EEO Policy and upon request, to assist any employee or contract worker in presenting a complaint under same to the Manager of Human Resources. (Id.)

Each plaintiff also received, read (except for Nunez),⁴ and signed a copy of MAE's EEO policy. (Doc. 38-1 (Dep. DeLeon at 77-78); Doc. 38-2 (Dep. Castillo at 152-153); Doc. 38-12 (Decltn. Wellington at ¶ 5 and Ex. 2); Doc. 38-5 (Dep. Ramirez at 94-97); Doc. 38-6 (Dep. Loo at 79-81); Doc. 38-24 (Dep. Crespo at 79-82)). All of MAE's managers, supervisors and Leads also receive comprehensive training on the EEO policy and their role in the enforcement of same during initial orientation and periodically thereafter. Specifically, Lead John Shaw, Interiors Supervisor Gary Langley and Program Manager Curtis Bryant each received and signed the EEO Policy and the Handbook acknowledgment and also received comprehensive training on the policy. (Doc. 38-12 (Decltn. Wellington at ¶ 9(d)-(e) and Ex. 4-2); Doc. 38-9 (Dep. Bryant at 30-34); Doc. 38-11 (Dep. Shaw at 23-24); Doc. 38-13 (Decltn. Langley at ¶ 1); Doc. 38-14 (Decltn. Shaw at ¶ 2)).

The EEO Policy includes a Complaint Procedure that requires any employee or contract worker who believes that he or she has been subjected to discrimination or harassment because of race or national origin to report the complaint directly to the HR Manager (Richard Wellington). (Doc. 38-12 (Decltn. Wellington at ¶ 9(a) and Ex. 4-1)). The MAE EEO Policy Complaint Procedure provides that:

You must promptly report any incident of harassment or any other violation of our EEO/Harassment Policy directly to our Manager, Human Resources. You are encouraged to report any harassment or violation of our Policy to your manager or supervisor, who has a responsibility to prevent harassment and stop it if it occurs. However, to ensure that MAE can promptly investigate and, if appropriate, take prompt and effective action, it is essential that you promptly notify our Manager, of Human Resources. Simply reporting it to your manager or supervisor is not sufficient.

(Id. at Ex. 4-1). As HR Manager, Dick Wellington has investigated complaints under the policy and has counseled and disciplined employees for violating the policy including verbal and written warnings, suspensions without pay, demotions (or a combination of same), and discharge. (Id. at ¶ 9(f)).

C. Plaintiffs

In September 2005, Plaintiffs were retained to work at MAE as contract workers (Interior Mechanics) through various contracting companies.⁵ Some Plaintiffs had previously worked as...