LaFleur v. Westridge Consultants, Inc.

• Decision Date: 24 February 1994
• Docket Number: No. 1:92-CV-145.,1:92-CV-145.
• Citation: 844 F. Supp. 318
• Parties: Mell V. LaFLEUR v. WESTRIDGE CONSULTANTS, INC., d/b/a Ridgewood Retirement Center.
• Court: U.S. District Court — Eastern District of Texas

844 F. Supp. 318

Mell V. LaFLEUR v. WESTRIDGE CONSULTANTS, INC., d/b/a Ridgewood Retirement Center.

No. 1:92-CV-145.

United States District Court, E.D. Texas, Beaumont Division.

February 24, 1994.

Gaylyn Leon Cooper, Bernsen, Jamail & Goodson, Beaumont, TX, for plaintiff.

Julie A. Richardson and Walter D. Snider, Strong, Pipkin, Nelson & Bissell, Beaumont, TX, for defendant.

MEMORANDUM OPINION

RADFORD, United States Magistrate Judge.

Mell V. LaFleur ("Plaintiff") filed this lawsuit against her former employer Westridge Consultants, Inc., d/b/a Ridgewood Retirement Center ("Defendant"), alleging that she was subject to disparate treatment because of her race and sex in violation of the Thirteenth Amendment of the United States Constitution; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; and 42 U.S.C. §§ 1981, 1983.

This matter came before the Court for a non-jury trial on December 6, 1993. The Court makes the following findings of fact and conclusions of law, constituting the decision of this Court regarding the substantive issues only. Any conclusion of law more properly characterized as a finding of fact is adopted as such. Any finding of fact more properly characterized as a conclusion of law is adopted as such. The parties have stipulated that the issue of damages will be tried after the making and signing of these findings of fact and conclusions of law.

I. FINDINGS OF FACT

1. Plaintiff, Mell V. LaFleur, is an African-American, female, citizen of the United States of America.

2. Defendant, Westridge Consultants, Inc., d/b/a Ridgewood Retirement Center, is an employer engaged in industry affecting commerce and employs more than twenty-five (25) employees for each working day in each of twenty (20) or more calendar weeks in the current year or preceding year. Mr. Doak "Bo" Proctor, a caucasian male, is the President of Westridge Consultants, Inc. Ms. Jimmie Cropper, a caucasian female, is the Director and Manager of the Ridgewood Retirement Center ("the Ridgewood").

3. Plaintiff was originally hired by the Defendant on March 2, 1987 as a housekeeper.

4. Plaintiff was eventually promoted to the position of housekeeping supervisor. Plaintiff occupied this position during the time periods relevant to this lawsuit. As of August 1991, Plaintiff was earning $4.85 per hour as housekeeping supervisor. Plaintiff worked the hours of 7:00 a.m. to 3:30 p.m.

5. From the time Plaintiff began working at the Ridgewood until approximately June 1991, Plaintiff did not experience any incidents upon which her claims in this action are based.

6. Plaintiff became pregnant in the spring of 1991. After Plaintiff's first prenatal visit, she was placed on light duty work by Ms. Jimmie Cropper in accordance with a doctor's recommendation. The other employees in the housekeeping department assumed the Plaintiff's heavier duties, such as mopping and vacuuming. Ms. Cropper was aware that Plaintiff had at least one previous problem pregnancy that had resulted in miscarriage. Although the Defendant had no written policy concerning maternity leave, Plaintiff was told that she would be allowed to work during her pregnancy for as long as her doctor allowed. Plaintiff was also told that after the baby was born, she could take maternity leave and her job would be held until her doctor allowed her to return to work.

7. In June of 1991, Plaintiff was questioned concerning an alleged theft at the Ridgewood. Another Ridgewood employee, Rodney Ellis, had been apprehended trying to cash a check stolen from one of the residents at the Ridgewood. Plaintiff was questioned in the manager's office at the Ridgewood by Mr. Bo Proctor. Mr. Proctor informed Plaintiff that Mr. Ellis had implicated her and another Ridgewood employee in the theft. Mr. Proctor advised Plaintiff that she seek legal advice concerning this matter. Mr. Proctor also questioned the other Ridgewood employee implicated by Mr. Ellis. No legal charges were filed against Mr. Ellis, the Plaintiff, or the other employee. Besides the statements made by Mr. Ellis, no other evidence was found to link the Plaintiff to the alleged theft. Although a notation concerning the incident was placed in Plaintiff's employee file, no disciplinary action was ever taken against Plaintiff.

8. The Court finds that the Defendant's questioning of Plaintiff concerning the allegation of theft in June 1991 was reasonable.

9. On Friday, August 9, 1991, Brenda Howard, a private duty sitter at the Ridgewood, informed Ms. Cropper that a resident's wallet was missing and that Plaintiff had just left his room. Ms. Cropper questioned Plaintiff about the allegation. Plaintiff denied having taken anything from the resident's room. Ms. Cropper also searched Plaintiff's housekeeping cart and the housekeeping office. A pair of men's underwear that were missing from the resident's room were found on Plaintiff's cart. In the housekeeping office, Ms. Cropper found a coin purse in a trash can filled with towels. The coin purse contained a significant amount of cash and a receipt bearing Plaintiff's name.

10. After a search of the housekeeping office, Ms. Cropper called Plaintiff back into her office. When questioned about the coin purse, Plaintiff insisted that the purse and the money inside belonged to her. Plaintiff again denied any involvement in the alleged theft of the resident's wallet.

11. Later in the day, Ms. Cropper questioned all the other housekeepers concerning the missing wallet. No legal action was taken against any Ridgewood employee, including Plaintiff, in connection with this allegation of theft.

12. The Court finds that the Defendant's questioning of Plaintiff concerning the allegation of theft on August 9, 1991 was reasonable.

13. As a result of the questioning, Plaintiff became very upset. Plaintiff placed her keys and beeper on Ms. Cropper's desk and left the Ridgewood before her shift was over.

14. Later that day, Ms. Cropper instructed Mr. Patrick Godeaux, the limousine driver for the Ridgewood, to return Plaintiff's coin purse and all the money contained in it to the Plaintiff's residence. When Mr. Godeaux handed Plaintiff the coin purse, Plaintiff appeared very upset and told him to "Tell them s.o.b.s that I ain't never going back." Mr. Godeaux returned to the Ridgewood and reported what Plaintiff had said to Ms. Cropper.

15. Over the weekend of August 10 and 11, 1991, Ms. Cropper replaced Plaintiff with Ms. Carol Miller, a caucasian female. Ms. Miller was hired at the rate of $5.00 per hour.

16. On Monday, August 12, 1991, Plaintiff returned to work at the Ridgewood at approximately 7:00 a.m. and proceeded to go about her daily routine. At approximately 9:00 a.m., Ms. Cropper called Plaintiff into her office. Ms. Cropper told Plaintiff that she had assumed that Plaintiff had quit based on her conduct on the previous Friday afternoon and therefore, had hired a replacement for her. Plaintiff denied that she had quit her job on that Friday.

17. The Court finds that Plaintiff did not quit her job on Friday, August 9, 1991. The Court concludes that Plaintiff's actions on that Friday indicate that she was upset or angry, but do not indicate that she had resigned her position. Therefore, Plaintiff was effectively terminated on or about August 12, 1991 when she was informed that she had been replaced and was no longer an employee of the Ridgewood Retirement Center.

II. CONCLUSIONS OF LAW

The Court has jurisdiction pursuant to Title VII of the Civil Right Act of 1964, 42 U.S.C. §§ 2000e et seq. and 28 U.S.C. §§ 1343(3), (4), 2201 and 2202.

A. Race Discrimination Claim.

1. A plaintiff's claim alleging discriminatory treatment by her employer based on race under Title VII¹ is analyzed under the following three-step test: (a) the plaintiff must establish a prima facie case of racial discrimination; (b) if the plaintiff establishes a prima facie case, the burden of production shifts to the defendant to articulate a legitimate, non-discriminatory reason for its action; and (c) if the defendant has articulated a legitimate, non-discriminatory reason for its action, the plaintiff must prove by a preponderance of the evidence that the reasons proffered by the defendant are not its true reasons and were merely a pretext for intentional discrimination on account of race. St. Mary's Honor Center v. Hicks, ___ U.S. ___, ___, 113 S.Ct. 2742, 2747, 125 L.Ed.2d 407 (1993); citing, McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 252-254, 101 S.Ct. 1089, 1093-1094, 67 L.Ed.2d 207 (1981).

2. Plaintiff's Prima Facie Case: A prima facie case of discrimination is established if there is sufficient evidence to permit an inference of race discrimination. In order to establish a prima facie case, Plaintiff must show the following elements:

1. that she belongs to a racial minority;

2. that she was qualified for the job from which she was discharged;

3. that she was discharged; and

4. that the employer filled the position in question with a non-minority person.

St. Mary's Honor Center v. Hicks, ___ U.S. at ___, 113 S.Ct. at 2747, Barnes v. Yellow Freight Systems, 778 F.2d 1096, 1099 (5th Cir.1985) (citations omitted).

In this case, the Court finds by a preponderance of the evidence that Plaintiff has established a prima facie case of race discrimination by proving that: (1) Plaintiff is an African American; (2) Plaintiff was qualified for the position of housekeeping supervisor; (3) Plaintiff was discharged; and (4) Plaintiff was replaced in her position by a caucasian female.

3. Burden of Defendant to Articulate a Legitimate Non-Discriminatory Reason: Once a prima facie case has been established, the burden shifts to the employer "to articulate some legitimate, nondiscriminatory reason for the employee's rejection." McDonnell Douglas Corp. v. Green, 411 U.S. at 802, 93 S.Ct. at...