Douglass v. Eaton Corp., 91-1337

• Decision Date: 21 February 1992
• Docket Number: No. 91-1337,91-1337
• Citation: 956 F.2d 1339
• Parties: 58 Fair Empl.Prac.Cas. (BNA) 315, 58 Empl. Prac. Dec. P 41,379, 34 Fed. R. Evid. Serv. 1420 Pearl H. DOUGLASS, Plaintiff-Appellant, v. EATON CORPORATION, Defendant-Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 1339

956 F.2d 1339

58 Fair Empl.Prac.Cas. (BNA) 315,

58 Empl. Prac. Dec. P 41,379,

34 Fed. R. Evid. Serv. 1420

Pearl H. DOUGLASS, Plaintiff-Appellant, v. EATON CORPORATION, Defendant-Appellee.

No. 91-1337.

United States Court of Appeals Sixth Circuit.

Argued Nov. 7, 1991.

Decided Feb. 21, 1992.

Rodney J. O'Farrell (argued) and Donald T. Popielarz (briefed), Saginaw, Mich., for plaintiff-appellant.

Richard E. Lieberman, James A. Burns, Jr. (argued and briefed), Ross & Hardies, Chicago, Ill. and David R. Collette, Smith & Brooker, Saginaw, Mich., for defendant-appellee.

Before KEITH and RYAN, Circuit Judges, and ALDRICH, District Judge. ^*

KEITH, Circuit Judge.

Plaintiff-appellant Pearl H. Douglass, a Michigan citizen, ("Douglass") appeals the judgment of the district court overturning the jury verdict in her favor and rejecting her claim of discriminatory discharge against the defendant-appellee Eaton Corporation ("Eaton"), an Ohio corporation, under the Michigan Elliott-Larsen Civil Rights Act, Mich.Comp.Laws Ann. § 37.2101 et seq.

I.

Douglass, a black woman, was an hourly employee at Eaton's Saginaw, Michigan manufacturing plant. Prior to her discharge, Douglass had approximately 12 years seniority. Until the incident giving rise to the present action, Douglass received no reprimands or any form of discipline. As a production worker at the plant, Douglass was represented by Local No. 433 of the Allied Industrial Workers Union (the "Union"). The collective bargaining agreement between Eaton and the Union included "Shop Rules and Regulations" that prohibited, upon penalty of discharge, "assaulting another, brawling, or fighting on the premises."

On November 21, 1985, Douglass was involved in a fight with two white co-workers, Robert and Jan McCrossen. As a result of the altercation, Douglass was fired. Neither of the McCrossens were discharged. The Union sought to have Douglass reinstated by meeting with Eaton management on several occasions, but Eaton upheld its original decision to discharge. Having exhausted her administrative remedies, Douglass brought the present action in the district court on the basis of diversity, alleging that her discharge was discriminatory.

Douglass contended at trial that tensions between herself and the McCrossens had been brewing for quite a period of time prior to the incident in November 1985. She claimed to have sought the aid of both the Union and management in an attempt to resolve the matter. She stated that a plant superintendent told her that he would do everything in his power to resolve the situation. However, tensions between Douglass and the McCrossens continued. As to the events on November 21, 1985, the facts are in dispute.

Douglass claimed that at the start of work on that afternoon, Jan McCrossen turned on mist collectors on Douglass' machine, an action which could have caused Douglass' machine to malfunction. Douglass complained to her supervisor to no avail. During their lunch break later in the day, Douglass claimed that the McCrossens attempted to hit her with a swinging cafeteria door.

At the end of the day while exiting the plant, Douglass alleged that Jan McCrossen shoved her, and Douglass retaliated by grabbing Jan McCrossen around her neck. Robert McCrossen intervened and hit Douglass two or three times on the back of her head/neck. Douglass' son and nephew, who had come to pick her up from work, then jumped on Robert McCrossen. There is dispute as to whether a third person joined Douglass' son and nephew in the altercation with Robert McCrossen. When other employees attempted to pull the young men off of Robert McCrossen, Douglass threatened to kill anyone who bothered her son.

Eaton's Human Resources Manager, Rick Blauwiekel, was informed the next day, November 22, 1985, that there had been a physical altercation outside the plant the previous night. Blauwiekel reviewed signed statements from five employees who witnessed the incident, as well as a report by the security guard who was on duty when the incident occurred. These documents contained testimony that as employees left the plant, Douglass "grabbed" or "jumped on" Jan McCrossen and "tossed her to the ground." Robert McCrossen went to his wife's defense by hitting Douglass. Robert McCrossen was then attacked by young men who had come from a car parked in front of the plant. When other employees attempted to halt the attack, Douglass threatened to "kill" these employees if they touched her son. Douglass and at least one of the men who had fought with Robert McCrossen then drove away.

On the basis of this information, Blauwiekel determined that Douglass had attacked Jan McCrossen without apparent provocation, thereby violating Eaton's shop rule against fighting. He suspended her pending further investigation. Later, Blauwiekel interviewed Douglass. Douglass told Blauwiekel that Jan McCrossen had switched on a machine near Douglass' work station that cleared oil mist out of the air on the day of the fight, that the McCrossens had swung a door toward her, and that Jan McCrossen had bumped Douglass with her purse or elbow as they left the plant on the day of the altercation. She said that two other employees could confirm this information, but those employees were not able to confirm these allegations. After the interviews, Blauwiekel concluded that Douglass had, without provocation, violently attacked a fellow employee. He then terminated Douglass.

At trial, the jury was also presented with the following evidence. Several Eaton employees testified that there was a long history of feuding between Douglass and the McCrossens. Jan McCrossen denied having any problems with Douglass, and Blauwiekel denied knowing of any problems between Douglass and the McCrossens. The initial security report did indicate that there had been problems between them on the day of the altercation during their work shift.

Blauwiekel also testified that he was unaware of Eaton's past practice to suspend all participants in a fight until a formal investigation occurred, and that he had no knowledge of past fights at Eaton and the resulting discipline. The Union president, Samuel Foreman, stated that it was "normal procedure" to suspend, rather than terminate, employees involved in physical altercations at Eaton. Eaton's vice president, Richard Honig, also confirmed that the normal procedure following a fight was to suspend all participants. Nevertheless, the company consistently refused to reinstate Douglass and to impose a less severe penalty against her.

Douglass also presented evidence at trial regarding disciplinary treatment against blacks and whites who had previously engaged in fights at Eaton. She alleged that the evidence demonstrated a pattern of disparate treatment against racial minorities by Eaton. The district court admitted this evidence at trial after denying a motion in limine submitted by Eaton to exclude the evidence. The evidence included the following:

1) T.J. Robinson, who is black, was involved in a fight with Richard Tolles, who is white, in June 1974. There was conflicting evidence as to who provoked the incident. Eaton's record showed that after the two men exchanged heated words, Robinson struck Tolles, and Tolles swung a wild blow at Robinson, but missed hitting him. Eaton then discharged both Robinson and Tolles, but later reinstated Tolles, reducing his penalty to a 30 day suspension.

2) Kenneth Carlton, a white employee of Eaton, was the only white employee who was discharged by Eaton for engaging in a physical altercation at the workplace. There was evidence that Carlton had gone home early on the date of the altercation in September 1975. He returned to the plant intoxicated and incoherent, and then attacked a plant foreman, repeatedly striking and kicking the supervisor, who did not hit Carlton in return.

3) Two white employees, William Short and Felix Matuzewski, were involved in a fight at Eaton's plant in March 1976. Matuzewski was hospitalized as a result of injuries sustained during this altercation. He was subsequently suspended for three weeks. Short was given six weeks of disciplinary layoff.

4) In May 1977, Charles Jarlock, a white employee of Eaton, struck co-worker Mike Horzelski, who is also white, "after provocation," according to Eaton's records. Jarlock was given one week disciplinary layoff.

5) In September 1978, Florencio Quiroga, a Mexican-American, hit D. Pinnell, a white employee, in the face. Although both employees told management at Eaton that they were merely goofing around, Eaton discharged Quiroga.

6) Charles Culberson and Helen Browning, two black employees, were engaged in an altercation in 1984 when Culberson pushed Browning. Culberson was given a four day disciplinary layoff and warned that he would be discharged for any further incidents.

7) Donald Kasper, who is white, was engaged in a physical altercation with a plant supervisor in July 1987 and was subsequently given a one day disciplinary layoff.

Following trial, Eaton moved for a directed verdict and argued that the above evidence did not show a pattern of discrimination at Eaton. The district court denied the motion for a directed verdict. The case was then submitted to the jury. On July 25, 1990, the jury returned its verdict, concluding that Eaton discriminated against Douglass on the basis of her race and granted her damages in the amount of $143,154.97. In accordance with the jury verdict, the district court entered judgment in Douglass' favor on October 2, 1990.

Subsequently, Eaton submitted a motion for judgment notwithstanding the verdict, or, alternatively, for a new trial. On February 22, 1991, the district court granted the motion. The court ruled that the above evidence of alleged past, comparable conduct regarding fights at Eaton was not relevant as a matter of law and was erroneously admitted into evidence. The district court ruled that these incidents were...