Hampton v. Conso Products, Inc.

• Decision Date: 15 December 1992
• Docket Number: Civ. A. No. 7:92-909-3K.
• Citation: Hampton v. Conso Products, Inc., 808 F.Supp. 1227 (D. S.C. 1992)
• Court: U.S. District Court — District of South Carolina
• Parties: Dora L. HAMPTON, Plaintiff, v. CONSO PRODUCTS, INC., Defendant.

808 F. Supp. 1227

Dora L. HAMPTON, Plaintiff, v. CONSO PRODUCTS, INC., Defendant.

Civ. A. No. 7:92-909-3K.

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

December 15, 1992.

COPYRIGHT MATERIAL OMITTED

Stephen John Henry, Greenville, S.C., for plaintiff.

Wade E. Ballard, Spartanburg, S.C., for defendant.

ORDER

GEORGE ROSS ANDERSON, Jr., District Judge.

This matter is before the court for review of the magistrate's Report and Recommendation made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 19.00 for the District of South Carolina.

The magistrate makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with this court. Mathews v. Weber, 423 U.S. 261, 270-71, 96 S.Ct. 549, 554-55, 46 L.Ed.2d 483 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the magistrate, or recommit the matter to him with instructions. 28 U.S.C. § 636(b)(1).

This case is before this court on defendant's motion for summary judgement. The plaintiff, a black female, was employed by the defendant, Conso Products, Inc., for approximately 21 years. On November 21, 1990, the defendant placed the plaintiff on a medical leave of absence and subsequently terminated her employment for failure to seek medical treatment. The plaintiff alleges that she was unlawfully discriminated against because of her race in violation of Title VII and 42 U.S.C. § 1981 when defendant placed her on medical leave. In addition, the plaintiff contends that the defendant also violated Title VII and 42 U.S.C. § 1981 by permitting a hostile working environment to exist as a result of verbal assaults by a co-worker. The plaintiff also alleges pendant state causes of action for defamation and intentional infliction of emotional distress.

The magistrate has recommended that plaintiff's actions be dismissed on defendant's motion for summary judgement. The magistrate found, as does this court, that viewing all the evidence in the light most favorable to the plaintiff there is no genuine issue as to any material fact and, in addition, the defendants are entitled to summary judgement as a matter of law with respect to all asserted claims.

FINDINGS OF FACT

A review of the record before this court reveals the following facts. The plaintiff, Dora Hampton, a black female worked in the tassel department of the Defendant, Conso Products, Inc. as a machine operator. This department was predominantly composed of black female employees. The plaintiff during her employment never reported to management any allegations of racial harassment or discrimination by anyone in the plant. Furthermore, several witness (both white and black) who worked in the tassel room with the defendant deny ever hearing any racially hostile language or seeing any racially discriminatory conduct in the workplace.

Though the plaintiff's production during her employment with the defendant was satisfactory, her behavior was not. Approximately two years before the plaintiff was placed on medical leave, the plant superintendent notified the vice president of manufacturing (hereinafter Vice President) that the plaintiff was stating to other employees that individuals in the plant were telling her co-workers that a doctor had performed oral sex on her after a surgical operation. In addition, the plaintiff was also reported as stating that employees in the tassel department were putting the evil eye or spells on her. The Vice President and the plant superintendent both met with the plaintiff to investigate these allegations. The plaintiff, when approached, asserted that the allegations were true, however, she would not name any specific persons who either spread the Doctor story or cast the spells, rather the plaintiff would only refer to those she contended were involved as "people."

In October 1990, the personnel manager and the plant superintendent notified the Vice President that additional problems concerning the plaintiff had arisen. Specifically, that the plaintiff was complaining that "people" were putting "roots" curses on her machine and casting spells on her. In addition, the plaintiff had stacked empty reels in front of her machine in an attempt to block herself off from the view of other employees. When meeting with management on October 30, 1990, the plaintiff again refused to give any names of employees that were supposedly casting spells on her. On November 8, 1990, the plant superintendent, personnel manager, and Vice President again met with the plaintiff to discuss the her accusations that a "root" was cast on her and her machine. The plaintiff contended that a white powder substance on the floor by her machine was evidence of such. Investigation revealed, however, that the substance was likely the result of a machine repair that required the drilling of holes in the concrete floor.

On November 13, 1990, it was again brought to the Vice President's attention that problems had arisen concerning the plaintiff. Specifically, the plaintiff had become angry regarding product orders and began throwing and kicking things. In addition, the plaintiff was telling other employees that she was going to do as a banker had done in Texas or California and come into work one morning and open fire on the other employees. These matters were discussed with the plaintiff and she was informed that if such acts did not cease she would lose her job.

After this discussion, it was brought to management's attention that the plaintiff had not only continued her statements regarding the bank employee who went to work and shot his co-workers, but that the other employees were in fear of their safety. Specifically, one employee had notified her family that if any such instance occurred to sue the defendant because they had knowledge of the plaintiff's threats. In addition, other employees requested that their machines face the door so that they could see whether the plaintiff was armed when she arrived to work, thus giving them additional time to escape. During this period, management was also made aware that the plaintiff had threatened to blow up the plant.

As a result of these instances, management contacted the plaintiff's husband and discussed the severity of the situation. The husband was informed that the plaintiff's productivity was good but that the management of the plant felt she required medical attention. Subsequent to this meeting, the Vice President, plant supervisor, and personnel manager met with the plaintiff on November 21, 1990 and informed her that she would have to take a medical leave of absence or be terminated. The plaintiff was assured that if she took the leave and obtained medical help she could return with full seniority. Furthermore, all medical bills incurred as a result would be paid by the defendant.

The plaintiff alleges that during the last year of her employment at Conso Products she was racially harassed by racial slurs from Jane Alexander, a co-worker in the tassel department. The plaintiff contends that Alexander began "slipping" using the term "nigger" around her after Jean Horne became the Section Leader of the tassel department in late 1989 or early 1990. The plaintiff's deposition reveals only two specific instances of racial slurs directed towards her by Alexander. One instance, the plaintiff contends was witnessed by another co-worker, Virginia Sprouse on November, 1990. The uncontroverted facts of record, however, establish that Sprouse was on medical leave between July, 1990, and January 30, 1991, consequently she could not have witnessed this alleged incident. Moreover, the plaintiff states in her deposition that Alexander's use of the word "nigger" "didn't really bother her."

The plaintiff also testified to a third incident involving a discussion of liver spots and the film "Watermelon Man." In this conversation, Alexander allegedly referred to some brown spots on her arm and stated "Dora, I've got a little nigger in me." The plaintiff responded by recommending Alexander view the movie entitled "Watermelon Man," a film about a white man who wakes up one morning and discovers he has become a black man. The plaintiff, in her deposition, admits that she considered this a "good natured conversation." In addition, the plaintiff alleges that this incident was witnessed by machine repairman, Billy Hyatt. Hyatt, however, denies witnessing any such conversation.

SUMMARY JUDGEMENT

In a motion for summary judgement the moving party has the burden to establish that viewing all the evidence in the light most favorable to the non-moving party, United States v. Diebold, Inc., 369 U.S. 654, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962), there is "no genuine issue as to any material fact" and the moving party is "entitled to summary judgement as a matter of law." Fed.R.Civ.P. 56(c) (emphasis added). Those facts which are "material" for purposes of summary judgement are identified by the substantive law of the claim asserted. In other words, only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgement. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). An issue is "genuine" if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Id. Conversely, an issue is not "genuine" and summary judgement warranted if there is insufficient evidence favoring the non-moving party for a jury to return a verdict for that party. Id. This court finds there is no genuine issue as to any material fact and the defendants are entitled to judgement as a matter of law with respect to all asserted causes of action. This determination is...