Givens v. Chambers

• Decision Date: 29 January 2008
• Docket Number: Civil Action No. 2:06cv852-ID.
• Citation: 548 F.Supp.2d 1259
• Parties: Julie GIVENS, et al., Plaintiffs, v. DOUGLAS CHAMBERS, et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

548 F.Supp.2d 1259

Julie GIVENS, et al., Plaintiffs, v. DOUGLAS CHAMBERS, et al., Defendants.

Civil Action No. 2:06cv852-ID.

United States District Court, M.D. Alabama, Northern Division.

January 29, 2008.

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Jim Lee Debardelaben, Attorney at Law, Montgomery, AL, for Plaintiffs.

Jack B. Hinton, Jr., Matthew Y. Beam, Andrew W. Christman, Gidiere, Hinton, Herndon & Christman, Montgomery, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

IRA DeMENT, Senior District Judge.

I. INTRODUCTION

Before the court is a motion for summary judgment, filed by Defendant Douglas Chambers, individually and in his capacity as president of J.F. Ingram State Technical College ("Ingram") and-by Defendant James Wilson, individually and in his capacity as Ingram's dean of students. The motion is accompanied by a memorandum of law and evidence. (Doc. Nos.9-18.) Defendants move for summary judgment on all claims brought by Plaintiffs Julie Givens and Monica Greene, who allege that, during their employment at Ingram, they were subjected to sexual and racial harassment and discriminated against on the basis of their sex (female) and race (Caucasian), in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17 ("Title VII"), 42 U.S.C. § 1981 (§ 1981), 42 U.S.C. § 1983 (§ 1983), the Fourteenth Amendment's Equal Protection Clause, and state law. Plaintiffs filed a memorandum of law and evidence in opposition to Defendants' motion. (Doc. Nos.20, 21.) Defendants submitted a reply. (Doc. No. 22.) After careful consideration of the arguments of counsel, the relevant law and the record as a whole, the court finds that summary judgment is due to be entered in Defendants' favor on Plaintiffs' federal claims and that Plaintiffs' state-law claim is due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3).

II. JURISDICTION AND VENUE

The court properly exercises subject matter jurisdiction over this action, pursuant to 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1343 (civil rights jurisdiction) and 28 U.S.C. § 1367 (supplemental jurisdiction). Personal jurisdiction and venue are adequately pleaded and not contested.

III. STANDARD OF REVIEW

A court considering a motion for summary judgment must construe the evidence and make factual inferences in the light most favorable to the nonmoving party. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). At the summary judgment juncture, the court does not "weigh the evidence and determine the truth of the matter," but solely "determine[s] whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citations omitted).

Summary judgment is entered only if it is shown "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." Fed.R.Civ.P. 56(c). The moving party "bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex, 477 U.S. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing that there is no dispute of material fact or by showing that the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-23, 325, 106 S.Ct. 2548. The burden then shifts to the nonmoving party, which "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Summary judgment will not be entered unless the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party. See id. at 587, 106 S.Ct. 1348.

IV. STATEMENT OF FACTS

A. Parties

Ingram is a two-year state technical college in Deatsville, Alabama, which provides occupational training to inmates, male and female, at the adult state correctional institutions in Montgomery and Elmore counties. (Chambers Aff.) (Defs. Ex. 1 to Doc. No. 10.) Chambers, an African-American male, is the president of Ingram and has been since May 1, 1996. (Id.) Wilson, an African-American male, served as Ingram's director of student support services from 1980 until 2006, when Chambers appointed him as dean of the college, a position which is "second in command" to the president. (Wilson Aff. ¶¶ 1-2); (Greene Dep. at 19.)

Greene, a Caucasian female, began her career at Ingram in 1989, when she was hired as a junior accountant under the supervision of Gene Bridgman ("Bridgman"), the senior accountant and a Caucasian male. Greene, who has bachelor of science and master's degrees in business administration, has served as Ingram's dean of fiscal affairs since 1994. (Greene Dep. at 14, 17, 32, 39); (Givens Dep. at 83.) As dean of fiscal affairs, Greene, among other things, supervises employees in the business department, prepares budgets, makes deposits, accounts for all incoming monies, invests funds where appropriate, and pays all expenses of Ingram including payroll and employee benefits.

Givens, who holds an associate of science degree, is Greene's assistant and has worked at Ingram since 1985. (Givens Dep. at 8, 13, 17-18, 82.) Givens is a Caucasian female. Givens and Greene work at Ingram's main campus where the student population comprises male inmates. (Chambers Aff. ¶ 10); (Givens Dep. at 90); (Greene Dep. at 178-79.)

B. Promotions and Pay

Greene alleges that she was denied a promotion on the basis of her race and sex. In 2006, Chambers promoted Wilson, an African-American male, to dean of the college without soliciting applications. (Pls. Mem. of Law at 13.) Greene claims she should have been considered for the dean of the college position, in part, because she had served in a dean position longer than Wilson. (Greene Dep. at 422-23.)

Givens alleges that she was discriminated against in April or June 2004 when Bridgman retired, leaving open the senior accountant position. (Givens Dep. at 190.) Although Givens was offered the opportunity to take over for Bridgman, Givens declined because Chambers refused to raise her pay. (Id.); (Greene Dep. at 498-99.) Ultimately, Patti Graves ("Graves"), a Caucasian female with a master's degree and fifteen years of experience in the auditor's office, received the position; however, according to Givens, while Graves was paid more than Givens, she (Graves) was "paid less" than Bridgman. (Givens Dep. at 191); (see also Chambers Aff. ¶ 5.) Relatedly, Givens also complains that on two or three occasions between 2000 and 2006, Greene requested raises for Givens, but without success. (Givens Dep. at 175); (Pls. Mem. of Law at 12 (Doc. No. 20).)

C. Disparate Working Conditions

Plaintiffs contend that Chambers subjected them to disparate working conditions. Plaintiffs correlate the onset of the disparate treatment with Bridgman's retirement which left only female employees working in Greene's business department. At that time, Chambers required Greene to obtain his permission to request assistance from a computer programmer consultant, when previously he did not require permission. (Givens Dep. at 125-26.) Chambers also expressed his frustration and dissatisfaction with the failure of the business office to fully integrate an automated accounting system, but did not similarly complain when Bridgman objected to the integration. (Givens Dep. at 130.)

D. Dress Code

Greene and Givens lodge several complaints against Chambers concerning his enforcement of an unwritten dress code for female employees at Ingram's main campus where they worked. Givens and Greene cite several incidents in which Chambers admonished female employees concerning their inappropriate dress at work, cautioning them not to wear jeans, tight clothes and strapless heels or show cleavage. Chambers also made comments about female attire; in 2006, for instance, Chambers stated to Givens that he would not have noticed a loose thread on another female employee's pants if her "pants weren't so tight on her ass." (Pls. Resp. to Defs. Interrogs. Nos. 21 & 22 (Defs. Ex. 11 to Greene Dep.).) Also once in 2006, Chambers told Greene that she "had something on her pants," which Greene later discovered was a "small piece of lint on her bottom," implying to Greene that Chambers was inappropriately staring at her behind. (Id.)

Moreover, Chambers (or Givens at Chambers' direction) held meetings at the main campus with female employees about proper dress attire, but Chambers did not hold meetings with male employees at the main campus or with female employees at Ingram's satellite campuses. (Givens Dep. at 90-91, 95, 98, 101-02, 105, 109, 114, 117); (Pls. Mem. of Law at 10-11.) Plaintiffs complain that female employees who worked at Ingram's satellite campuses and all male employees were not subjected to the same scrutiny as they were concerning their work attire. (Greene Dep. at 181-84.)

Regarding the dress code policy for female employees, Chambers explains in an affidavit:

The reason I have instituted a dress code at Ingram is institutional security. Because Ingram is an all male inmate institution, the risks associated with provocative, revealing, and inappropriate attire by females are self-evident. There have been numerous instances of masturbation by inmates in the presence of females in the prison setting as a whole and at Ingram. The correctional officers and wardens alike have warned and instructed me on...