E.E.O.C. v. Union Camp Corp.

• Decision Date: 02 December 1997
• Docket Number: No. Civ.A. CV496-213.,Civ.A. CV496-213.
• Citation: 7 F.Supp.2d 1362
• Parties: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. UNION CAMP CORPORATION, Defendant.
• Court: U.S. District Court — Southern District of Georgia

Page 1362

7 F.Supp.2d 1362

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. UNION CAMP CORPORATION, Defendant.

No. Civ.A. CV496-213.

United States District Court, S.D. Georgia, Savannah Division.

December 2, 1997.

Robert P. Duffy, EEOC, Atlanta, GA, for Plaintiff.

John F. Meyers of Seyfarth, Shaw, Fairweather & Geraldson, Atlanta, GA, Joseph A. Mulherin, III of Bouhan, Williams & Levy, Savannah, GA, Frank W. Seiler of Bouhan Williams & Levy, Savannah, GA, for Defendant.

ORDER

MOORE, District Judge.

Plaintiff Equal Employment Opportunity Commission ("EEOC") brings this Title VII action on behalf of Therese Robertson, a female firefighter with Union Camp's Savannah mill, alleging that Defendant Union Camp (1) condoned the existence of a hostile work environment; (2) treated her discriminatorily with regard to training, overtime and job assignments due to her sex; and (3) retaliated against her after she complained about the discrimination and harassment. Presently before this Court is Defendant's Motion for Summary Judgment (Doc. 38). Having considered carefully the parties' numerous briefs and reviewed the factual allegations and applicable law, the Court hereby DENIES Defendant's motion with regard to the hostile work environment claim, but GRANTS Defendant's motion with regard to the disparate treatment and retaliation claims. Defendant's Request for Oral Argument (Doc. 41) is DENIED as MOOT.

FACTS

At issue in this case is not a lurid, textbook set of facts with which courts more typically were faced when Title VII first became available to remedy discrimination in the workplace. Rather, the sex discrimination alleged by the EEOC in this action is more subtle and insidious in nature, but nonetheless warrants careful consideration by this Court. The EEOC alleges that while working as a firefighter for Union Camp, Therese Robertson, the charging party in this action, was subjected to repeated harassment by her male co-workers, including supervisory employees within the fire department, on account of her status as the sole female firefighter and the only female firefighter in the history of the department. The EEOC further alleges that Ms. Robertson was treated differently on account of her sex in that she was denied certain promotional and training opportunities due to favoritism shown to her male counterparts. Lastly, the EEOC claims that Ms. Robertson's supervisors retaliated against her for complaining about the discrimination.

The case unfolds in 1988, when Ms. Robertson began her employment at Union Camp's Savannah mill as a security officer. Ms. Robertson performed well on the job and, during periodic medical examinations by a Union Camp physician, she displayed no signs of physical or mental distress.

Ms. Robertson was employed as a security officer until January 5, 1992, when she transferred to the Union Camp fire department as the first and only female firefighter in the history of the Savannah mill. Apparently, Ms. Robertson "lept" at the opportunity: the transfer fulfilled a dream of hers to join the family tradition of firefighting as her father is himself a fire chief. At that time, Ms. Robertson also preferred the day shift schedule she was offered at the fire department to the rotation shift schedule she worked as a security officer. Ms. Robertson had had some prior experience working as a volunteer firefighter since 1988 and cross-training in the fire department at Union Camp since 1991.

In June of 1992, Timothy Lewis also transferred to the fire department from Union Camp's ultragraphics department. Mr. Lewis had worked as a volunteer firefighter for approximately 10 years.

From July 1992, five individuals were stationed during the day shift at the fire station: Assistant Fire Chief Stanley Wendelken, day firefighters Robertson, Lewis, and Ivey Spence, and trainer/inspector Mike Smith. Also employed at the department were a number of shift firefighters who worked on a rotating schedule. All of the firefighters reported to Fire Chief Richard Hennie, who also supervised the security department.¹ Chief Hennie's office was located at the main gate, away from the fire department. Chief Hennie reported to Susan Morgan, an Industrial Relations Manager for Union Camp.

Assistant Chief Wendelken had a number of responsibilities at the department, including scheduling daily work for the firefighters, prioritizing tasks to be performed, assigning individuals to particular tasks, assigning overtime, running the radio, keeping attendance records and time cards, and coordinating vacation schedules. He also acted as fire chief in the absence of Chief Hennie. Chief Hennie was absent quite a bit due to health problems during 1993 and 1994.

Work Place Conditions Within the Fire Department

During her first year of employment at the fire department, Ms. Robertson appeared to perform her job without difficulty. Her performance ratings showed improvement and ranked her overall performance as "good." Subsequently, Ms. Robertson began experiencing problems in the workplace relating to her relationships with her male co-workers, and Assistant Chief Wendelken, Mr. Lewis, and Mr. Spence in particular.

To begin with, Ms. Robertson was the focus of a number of incidents which Union Camp defends by characterizing as pranks and teasing. These incidents included having stickers and other printed items posted on her locker, fire hat, and other equipment, containing such statements as "Jr. Fireman" and "wide load". Ms. Robertson's locker lock was glued shut. There were frequent problems surrounding the use of the locker/shower/bathroom facility, the only such facility in the fire department.² Although Union Camp denies the allegation, Assistant Chief Wendelken appears to have encouraged Ms. Robertson's male co-workers to hinder her access to the facility by taking deliberately long showers or locking her out entirely. (Pl.['] Ex. D (3 & 4) & O). On occasion, Mr. Lewis and Mr. Spence would lock Ms. Robertson out of the facility for no apparent reason, and at least once listened to her knock on the door while they "pitched coins." (Pl.['s] Ex. D(3) & O). Ms. Robertson also appears to have been regularly "picked at" during her lunch break, and then, on other occasions, she was ignored completely. Ms. Robertson allegedly was excluded from various activities by Mr. Lewis and Mr. Spence, such as driving with them in the "pumper truck." (Pl.['s] Ex. O).

There were also incidents surrounding the use of work equipment. Unidentified co-workers blocked Ms. Robertson's work scooter in with other equipment. Work-related items which she left on the scooter were removed and placed in front of her locker. Ms. Robertson also appears regularly to have been made to use less desirable and even faulty equipment while Mr. Lewis and Mr. Spence used the better equipment. At other times, Mr. Lewis and Mr. Spence snatched hose nozzles out of Ms. Robertson's hand when they changed hoses.

On unidentified, isolated occasions in the past, other members of the department may also have been victims of similar episodes: one employee reportedly had his locker jammed shut, and others may have had stickers or signs placed on their lockers. An advertisement for "Skinny Dip" thigh cream was posted on Mr. Lewis' locker adjacent to Ms. Robertson's.³ At some point, an unidentified person filled Chief Hennie's boots with water.

Ms. Robertson also was treated harshly by her supervisors. Although Union Camp denies the allegation, it appears that Assistant Chief Wendelken regularly picked on Ms. Robertson, was more critical of her performance, and condoned the pranking and isolation by her co-workers. (Pl.['s] Ex. D (1 & 3) & O; Morgan I Dep.Ex. 19 (a & b)). Mr. Wendelken also assigned Ms. Robertson jobs that required more walking and/or climbing than Mr. Lewis. Chief Hennie similarly appears to have been aware of or even condoned misbehavior toward Ms. Robertson. (Pl.['s] Ex. D(3) & O; Morgan I Dep.Ex. 19 (a & b)). Mr. Smith informed Chief Hennie on several occasions that Assistant Chief Wendelken picked on Ms. Robertson. (Pl.['s] Ex. O at ¶ 7). Chief Hennie responded that he did not want to hear about it. (Pl.['s] Ex. O at ¶ 7). On one occasion, Chief Hennie cursed Ms. Robertson, in the midst of fighting a fire, when she brought him the wrong tool.

Some of Ms. Robertson's male co-workers confirm that the work place environment at the fire department was not pleasant for Ms. Robertson:

Robert Coffey, shift fireman, (Pl.['s] Ex. D(5)):

"I do not believe that anyone in the department wanted Theresa [sic] there because it was breaking an age-old tradition of an all-male department..... Stanley [Wendelken] is smart enough to not do things himself but allows Ivy [sic] [Spence] and Tim [Lewis] and others do [sic] things without saying anything."

Melvin Lamb, security officer, (Pl.['s] Ex. D(2)):

"I worked in the Security Division with Theresa Robinson [sic] before she transferred to the Fire Department. I was present at the main gate when Chief Hennie returned from a sick leave to find that Theresa had been transferred to the Fire Dept..... He expressed displeasure over the fact that [Ms. Robertson] was now in the Fire Department. He stated that he did not want her there..... I believe that Theresa has been mistreated and that every effort is being made to make her as miserable as possible."

Enoch Gardner, shift fireman, (Pl.['s] Ex. D(4)):

"I have observed Stanley [Wendelken] urge the other men do [sic] things to Theresa [sic] to cause her problems. I have seen Stanley instigate the guys to get into the showers to keep Theresa out."

Alton Griffin, shift fireman, (Pl.['s] Ex. D(1)):

"[Spence and Lewis] would make fun of Theresa [sic] or make jokes about her job performance. She seemed to take this at first but as time went on she grew tired of it and became offended. She seemed to get the worst radio and worst scooter but it might have...