Herron v. Daimlerchrysler Corp.

• Decision Date: 03 November 2004
• Docket Number: No. 03-2802.,03-2802.
• Parties: Gary HERRON, Plaintiff-Appellant, v. DAIMLERCHRYSLER CORPORATION, Defendant-Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

388 F.3d 293

Gary HERRON, Plaintiff-Appellant, v. DAIMLERCHRYSLER CORPORATION, Defendant-Appellee.

No. 03-2802.

United States Court of Appeals, Seventh Circuit.

Argued September 28, 2004.

Decided November 3, 2004.

Appeal from the United States District Court for the Southern District of Indiana, Sarah Evans Barker, J.

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David M. Henn (argued), Stowers, Weddle & Henn, Indianapolis, IN, for Plaintiff-Appellant.

Steven F. Pockrass (argued), Ice Miller, Indianapolis, IN, for Defendant-Appellee.

Before BAUER, EASTERBROOK, and MANION, Circuit Judges.

MANION, Circuit Judge.

Gary Herron sued his former employer, DaimlerChrysler Corporation ("DaimlerChrysler") under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., and 42 U.S.C. § 1981, alleging race discrimination, retaliation, racial harassment, and constructive discharge. The district court granted DaimlerChrysler's motion for summary judgment. We affirm.

Background

Gary Herron, who is black, began working at Daimler-Chrysler's Kokomo, Indiana transmission plant ("KTP") in 1994. After a few months, he announced his intention to accept a supervisory position with a different employer. In order to keep Herron, DaimlerChrysler countered with an offer of a supervisory position at KTP, which Herron accepted. In his new position, Herron was responsible for the manufacture of transmission parts used on KTP's assembly line.

While Herron performed well in terms of producing parts, he had considerable difficulty interacting with subordinates, peers, and superiors. In 1996, Herron had two major incidents resulting in disciplinary action by DaimlerChrysler. First, Herron ignored instructions from his area manager (the position overseeing supervisors such as Herron) and yelled at him in March 1996. At a meeting to address this incident, Herron was informed that the union had also complained about him. According to a memorandum by KTP's labor relations supervisor, Herron was arrogant, disrespectful, and defensive when discussing these issues.

In May 1996, Herron was again disciplined. Ron Abney, Herron's area manager, informed Herron of complaints by subordinates of rude and unprofessional behavior. Herron then had a meeting with Abney, the labor relations supervisor, and Bill Schaefer, one of KTP's manufacturing managers (a supervisory position above area manager). The labor relations supervisor noted that during this meeting Herron was again disrespectful, refusing to listen and interrupting his superiors. Subsequently, Herron was placed on a paid leave of absence, and Schaefer recommended Herron's removal from any supervisory position. Schaefer informed the Complex Personnel Manager that Herron "does not recognize his responsibility for respect of authority for his supervisor. He also displays no consideration for positive working relationships with co-workers." Herron avoided demotion, however, and only received a written reprimand in early June 1996 and placement in a 30/60/90-day performance improvement program. As part of this program, Herron had to improve his performance, which Abney monitored in 30-day periods. Herron successfully completed this program.

Despite his brushes with the disciplinary process, Herron's behavioral problems resurfaced in 1997 and 1998. He was placed on a five-day disciplinary layoff after a January 1997 confrontation during which he was disrespectful to an area manager named Ed Wallace. In July 1998, a supervisor in another department told Herron not to ship certain parts, as the parts were being inspected. Herron ignored this request and shipped the parts before the inspection could be completed. The inspection showed that the parts were sub-par and should not have been shipped. When Wallace attempted to talk to Herron about his disregard of the other supervisor's request, Herron refused to listen, argued, and walked off angrily.

These persistent, significant problems with his treatment of co-workers, superiors, and subordinates obscured Herron's continued good production. Herron never failed to meet his daily production goal in 1998. One of Herron's area managers, Richard Huffman, noted that Herron carried the department for him the first six months of the year with his excellent production of parts. Huffman later elaborated on his feelings toward Herron.

Now Gary is headstrong and has a short temper. Gary is the type that when you have a discussion with him it escalates quickly ... He doesn't get along with people. He is argumentative, not a team player, a lone wolf, not a[sic] but kisser, but would do what he was told.

Herron's 1998 appraisal reflected this mixed performance. The DaimlerChrysler appraisal report is made up of several sections. First is an overall Assessment of Results, which notes generally how the employee performed. In this section, an employee is graded (from highest to lowest) either Role Model, Significant Contributor, Contributor, or Development Needed. The appraisal itself does not specify what considerations go into this Assessment. The appraisal also contains a section specifically devoted to a variety of behavior ratings (from the employee's supervisor), a section for supervisor comments, and a section for employee comments. Huffman originally recommended Herron for Significant Contributor in the overall Assessment and gave him behavior ratings averaging a 2.9 out of 4. Schaefer, placing emphasis on Herron's interpersonal problems, asked that Huffman reduce the overall Assessment to the lower Contributor level, and Huffman agreed. Huffman reviewed four other supervisors. The two white supervisors received Significant Contributor rankings, with one supervisor receiving a behavior rating of 2.9 and the other receiving a 2.7. The two remaining supervisors, who were minorities, were ranked Contributors, with behavior ratings of 2.9. Huffman submitted Herron's revised evaluation with the Contributor rating on or before December 7, 1998, when a computer processing center recorded it.

In December 1998, Larry Hall succeeded Schaefer as manufacturing manager. Hall, who is also black, attempted to mentor Herron. Feeling that Herron was having trouble with his area manager, Hall inquired of the other area managers at the plant whether anyone would take Herron. Every manager, whether black or white, refused.

Herron's attitude problems continued in 1999. In January, area manager Mark Carie attempted to talk to him about attendance issues. Herron interrupted and became belligerent. The next day Herron met with Carie and Hall, who issued a discipline known as a Statement A for Herron's belligerence. Herron refused to sign the discipline and left the plant, though Hall indicated that Herron did not have permission to leave. Herron subsequently claimed that he went on sick leave and saw a doctor during his two-day absence. Herron was not paid for his time away from the plant, as the Personnel Administrator determined his actions were arbitrary and defiant. Shortly thereafter, Herron was transferred. Between February 1999 and April 2000, Herron was transferred between departments three times, and Herron's shift assignments changed four times.

At the end of the January 1999 meeting, Herron requested to talk to Workforce Diversity, an independent Daimler-Chrysler group established to investigate discrimination complaints. He spoke with Marvin Moore, who informed Herron that he would come to KTP on February 8 to conduct an on-site investigation of Herron's complaints. Moore interviewed several employees during this investigation, including Schaefer and Herron, while Hall was interviewed by another member of Workforce Diversity. Both Schaefer and Hall explained that a good supervisor did not just make parts and that Herron had problems with another crucial aspect of his position—his ability to interact with his fellow supervisors and subordinates. Hall further noted that Herron had developed a reputation as someone who was difficult to work with and that no area managers wanted to work with him. Moore determined there was no discrimination.

Herron continued his pattern of solid production work and poor behavior as 1999 progressed. In August 1999, Herron had problems with another supervisor, and an area manager, Harry Morrow, disciplined him. In October and November 1999, Herron's then area manager, Bentley Craig, complained about Herron's attitude and behavior towards him. Craig and Morrow gave Herron a Development Needed rating, the lowest rating possible, in the overall Assessment section of his 1999 appraisal, Hall approved this rating at a next level review meeting on November 6, 1999. In December 1999, Herron received another Statement A discipline for failing to provide information for his self-appraisal. On December 14, 1999, Herron contacted Michele Cook at Workforce Diversity with renewed complaints of discrimination and harassment. After an investigation, she concluded there had been no discrimination.

Herron filed two EEOC complaints charging discrimination and retaliation in February and April 2000. On April 11, 2000, he received his 1999 appraisal with the Development Needed rating. He was again placed on a 30/60/90 review to improve his behavior and performance. On June 6, 2000, after securing employment with Rolls Royce at a similar wage and position, Herron resigned his position at Daimler-Chrysler.

Herron then brought suit against DaimlerChrysler in the Southern District of Indiana. He alleged race discrimination and retaliation against him by DaimlerChrysler. Herron further asserted that DaimlerChrysler's actions constituted a campaign of racial harassment that created a hostile work environment and led to his constructive discharge. Daimler-Chrysler moved for summary judgment, which the district court granted. Herron appeals.

I.

We review the district court's grant of summary judgment de novo, construing all facts in...