Eady v. Veolia Transp. Services, Inc.

• Decision Date: 31 March 2009
• Docket Number: Civil Action No. 2:06-3413-CWH.
• Citation: 609 F.Supp.2d 540
• Parties: David EADY, Plaintiff, v. VEOLIA TRANSPORTATION SERVICES, INC., Defendant.
• Court: U.S. District Court — District of South Carolina

609 F.Supp.2d 540

David EADY, Plaintiff, v. VEOLIA TRANSPORTATION SERVICES, INC., Defendant.

Civil Action No. 2:06-3413-CWH.

United States District Court, D. South Carolina, Charleston Division.

March 31, 2009.

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Robert A. Kerr, Jr., Wendy L. Wilkie, Hagood and Kerr, Mt. Pleasant, SC, for Plaintiff.

Brian C. Hey, James N. Foster, Jr., Robert D. Younger, McMahon Berger Hanna Liniham Cody and McCarthy, St. Louis, MO, John H. Tiller, Haynsworth Sinkler Boyd, Charleston, SC, for Defendant.

ORDER

C. WESTON HOUCK, District Judge.

The plaintiff, David Eady (the "plaintiff" or "Eady"), filed this action against his former employer, Veolia Transportation Services (the "defendant"), alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e et seq., discrimination under the Family Medical Leave Act of 1993 ("FMLA"), as amended, 29 U.S.C. §§ 2601-2654, and wrongful termination and breach of contract in violation of state law.¹ This matter is before the Court on the defendant's motion for summary judgment.

I. The Plaintiffs Allegations

The facts are viewed in a light most favorable to the plaintiff as the nonmoving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (quoting United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962)). Eady, an African-American male, began employment as a bus driver in 1979 with South Carolina Electric & Gas Co. ("SCE & G"), which provided bus service to the City of Charleston (the "City"). Eady remained a bus driver until about 1986, when he was promoted to the supervisory position of Relief Dispatcher. He held that position until 1997, when he was promoted to the position of Chief Dispatcher.² On January 1, 1999, the plaintiff became a Lead Transportation Supervisor and reported directly to the Operations Manager. In November 1999, Virginia Stevens, a Caucasian female, became ATC's General Manager of the Charleston facility. At that time, Stevens promoted the plaintiff to Operations Manager. As Operations Manager, Eady supervised all operations and administrative personnel and worked under the general direction of Stevens, the General Manager.³

In November 2004, Charleston County voters passed a referendum for a sales tax increase, which, among other things, provided CARTA with additional funding for the bus system. Accordingly, CARTA and ATC began plans to increase the number of bus routes and employees in June 2005. (JFB ¶¶ 73-74).

In December 2004, Stevens met with Eady for his annual review, and discussed the "Action Steps" that she had created in November 2004 in anticipation of the June 2005 start-up. The "Action Steps" she assigned Eady were designed to make the Operations Department better and ensure a successful start-up in June 2005. The "Action Steps" assigned to Eady were legitimate duties and responsibilities of the Operations Manager. (Stevens Aff. ¶¶ 15-17).

Eady admits that Stevens told him during his December 2004 review that she was not satisfied with various aspects of his job performance. The relevant deposition testimony is as follows:

Q: Did you understand these to be your goals and action steps, in December of '04, when this review was given to you or was this someone else's?

A: I understand this to be some of the things I need to improve on, correct.

(Joint Exhibit ("Jt. Ex.") 2, Eady Dep. 50-51; 54-58).

As a result of funding from the November 2004 referendum, sometime in March 2005, CARTA and ATC began plans to reinstate approximately ten bus routes in June 2005, which would require the reinstatement and hiring of approximately 80-85 employees to service these additional routes. (JFB ¶ 75). At about that time, ATC's corporate office sent Ms. Leslie Systma to the Charleston facility to assist with the June 2005 start-up. Systma had experience with assisting other ATC facilities with start-ups. Also in March 2005, Systma created a CARTA Project List, based on other start-ups she had done, containing "Action Items" for each employee, including Eady, to accomplish prior to and as part of the June 2005 start-up. The CARTA Project List, including "Action Items" for Eady to complete, was distributed to Eady, as well as to other employees, in early March 2005.⁴ (Stevens Aff. ¶¶ 18-21).

The parties agree that as Operations Manager, Eady was assigned certain responsibilities as part of the June 2005 start-up, and that these responsibilities included, but were not limited to: (1) recalling of prior employees, and interviewing, hiring, and training of new employees; (2) establishing a schedule for each existing and proposed new routes; (3) establishing staff support and testing the existing seven routes and as well as the ten additional routes to be added in June 2005; (4) securing the old Naval Base as a site to conduct training; and (5) developing a written plan on how to train all new employees. Although other employees were to assist Eady in developing a written training plan, Eady was assigned the task to make sure the written training plan was completed. (JFB ¶ 76).

In April 2005, Stevens showed Eady an organizational chart that proposed a change in the plaintiffs job title from Director of Operations to Assistant General Manager/Director of Operations. That same organizational chart also proposed that the job title of David Bonner, a Caucasian, would change from Director, of Maintenance to Assistant General Manager/Director of Maintenance.⁵ (JFB ¶ 80; Jt. Ex. 3; Stevens Aff. ¶¶ 26-27; Eady Dep. 79-80; Eady Aff. ¶ 27). According to Stevens, both Eady and Bonner met with her at the same time. During this meeting, Stevens did not tell Eady and Bonner they were going to receive additional duties, responsibilities, or money, and she did not tell Eady or Bonner they were being promoted. (Stevens Aff. ¶ 28). The plaintiff admits that he was never told that he would receive additional duties, responsibilities, or money as a result of his title being changed from Director of Operations to Assistant General Manager/Director of Operations. (Eady Dep. 70). The plaintiff, however, considered this proposed change in job title as a promotion, The plaintiff stated in his February 2008 affidavit: "Ms, Stevens told me [in April 2005] that I would be promoted to Assistant General Manager ("AGM"). She told me that I deserved the promotion, Ms. Stevens also said that Mr. Bonner would be promoted to AGM. From the previous AGM, I knew that I would act as the General Manager while the General Manager was away from the office." (Eady Aff. ¶ 9).

Bonner testified that when he became Assistant General Manager, he was told he was receiving a title which would allow him to be responsive to CARTA if the General Manager were absent. (Bonner Dep. 17 (Docket # 52-5)). The plaintiff admits that when Bonner's title changed from Director of Maintenance to Assistant General Manager/Director of Maintenance, Bonner did not receive a salary increase. (JFB ¶¶ 44-45).

At some time in April 2005, the plaintiff was injured in a car accident. Me took FMLA leave from April 29 to May 23, 2005, when he returned to work. (JFB ¶¶ 81-82). Stevens testified that on May 26, 2005, the final version of the organizational chart was posted in the facility. Stevens had not changed Eady's title from Director of Operations to AGM/Director of Operations because she had discovered issues with Eady's performance when he was out on FMLA leave in May 2005. (Stevens Aft. ¶ 38). Eady's performance issues caused Stevens concern about identifying Eady as the Assistant General Manager to ATC's only customer, CARTA. (Stevens Dep. 117-118; Stevens Aff. ¶ 36).

Also on May 26, 2005, the plaintiff saw the final version of the organizational chart and learned that his title had not been changed from Director of Operations to AGM/Director of Operations. The plaintiff noticed that Bonner's title had been changed to AGM/Director of Maintenance. (JFB ¶ 83). The only difference between the April 2005 proposed organizational chart and the final version of the organizational chart posted on May 26, 2005 was that Eady did not have the title of Assistant General Manager/Director of Operations under his name. (Stevens Aff. ¶ 39; Eady Dep. 98). The organizational chart did not change the position of the plaintiff in the organizational hierarchy. (Eady Dep. 98).

The plaintiff testified at his deposition that he was not upset about not being given the title of Assistant General Manager; he was upset that Stevens had not discussed it with him first:

Q: Did it upset you that you were not given the AGM position?

A: No. No, it didn't upset me that I was not given the AGM position. It upsetted [sic] me about not being told and not explaining the process. I mean, she can make she can make a driver AGM, that wouldn't make any difference to me, but explain the process to me and tell me how it works and sit down, at least give me that respect, and not—you know, and tell me this is the reason.

(Eady Dep. 108-109; Eady Aff. ¶ 14).

The plaintiff spoke with Stevens about the reason his title was not changed from Director of Operations to AGM/Director of Operations. The plaintiff contends that Stevens first claimed that it was because he had returned to work on a part-time basis after his FMLA leave. (Eady Dep. 99-100; Eady Aff. ¶ 15). However, Eady also said that Stevens told him she was not going to change his title from Director of Operations to AGM/Director of Operations because she was not satisfied with his job performance. (JFB ¶ 84; Eady Dep. 104-107, Stevens Aff. ¶ 43).

On May 26, 2005, Stevens began counseling Eady with respect to his failure to adequately perform the duties and responsibilities of Operations Manager. (Stevens Aff. ¶ 42). Stevens claims that she did not document Eady's...