Mangrum v. Republic Industries, Inc., 1:99-CV-3031-CAM.
| Decision Date | 10 February 2003 |
| Docket Number | No. 1:99-CV-3031-CAM.,1:99-CV-3031-CAM. |
| Parties | Donnie MANGRUM, Plaintiff, v. REPUBLIC INDUSTRIES, INC., Chuck Clancy Ford of Marietta, Inc., Scott Wilson, Defendants. |
| Court | U.S. District Court — Northern District of Georgia |
Mark L. Golder of Siegal & Golder, P.C., Atlanta, GA, for Plaintiff.
Christine E. Howard, Rebecca J. Jakubcin of Fisher & Phillips, LLP, Atlanta, GA, for Defendants.
Plaintiff, Donnie Mangrum, filed this suit alleging Defendants, Republic Industries, Inc., Chuck Clancy Ford of Marietta, Inc., and Scott Wilson, sexually harassed her in violation of Title VII of the Civil Rights Act of 1964, as amended. Plaintiffs complaint included various state law causes of action. The case is before the Court on Plaintiffs motion for partial summary judgment on the issue of liability for her Title VII sexual harassment claim, on Defendants' motion for summary judgment as to all claims, and on Plaintiffs motion to amend the pleadings to name the real party in interest. For the reasons stated herein, the Court DENIES Plaintiffs partial motion for summary judgment, GRANTS Defendants' motion for summary judgment, and DENIES Plaintiffs motion to amend.
Defendant Chuck Clancy Ford of Marietta, Inc. is referred to in the evidence before the Court as Chuck Clancy Ford, Marietta Ford, and Team Ford. The Court, for consistency, will refer to the automobile dealership as Chuck Clancy Ford or CCF. Likewise, Defendant Republic Industries, Inc., is also referred to as AutoNation, Inc., but will be referred to herein as Republic. Chuck Clancy Ford was purchased by Republic early in 1998, but the actual change-over took several months.
Plaintiff was employed as a used car sales representative at Chuck Clancy Ford. At the time of the incidents alleged in her complaint, she had been employed at CCF for more than fourteen years. Defendant Scott Wilson was originally employed at CCF as a new car sales representative. Early in 1998, Wilson was promoted to the position of assistant used car manager and, in September 1998, to the position of used car manager. In the used car department, Wilson was Plaintiffs supervisor. Ronnie Whitlock was general manager of CCF and Wilson's direct supervisor.
On August 22, 1997, Plaintiff acknowledged in writing receiving a copy of the CCF Employee Handbook. In the written acknowledgment, Plaintiff agreed "to read this Employee Handbook promptly, after which, I agree to immediately ask my manager to explain to me any part of this Employee Handbook which I do not fully understand" and "not to institute any legal action against Company until and unless I have exhausted all administrative remedies with Company." The handbook Plaintiff received in 1997 contained the following "NO HARASSMENT POLICY":
Chuck Clancy Ford does not tolerate harassment of our employees. It shall be the duty of any employee who believes that he or she has been the object of any form of harassment related to his or her race, color, gender, religion, national origin, age, disability or marital status to promptly and fully report the situation to management. If you feel uncomfortable about reporting the matter to your manager, you may instead contact any other member of management or any officer of the Company. Once notified, we will investigate the charge and take all necessary steps to eliminate the problem. This open-door policy of communication best ensures close contact between you and top management on a work-related issue of gravest concern....
The term harassment includes, but is not necessarily limited to, slurs, jokes, other verbal, graphic or physical conduct related to an individual's race, color, gender, religion, national origin, age, disability or marital status. Harassment also includes sexual harassment which is defined as follows:
Unwelcome sexual advance, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.
b) Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual.
c) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
Any repeated or unwarranted verbal or physical sexual advances, sexually explicit derogatory statement or sexually discriminatory remarks made by someone in the workplace that are offensive or objectionable to the recipient, cause the recipient discomfort or humiliation or interfere with the recipient's job performance.
Plaintiff acknowledged that this policy was still applicable during the times at issue in this action.
Foul language, sexual innuendo, and dirty jokes were routine in the used car department at CCF. Plaintiff acknowledged not only that she participated in the sexual banter, but that she used bad language and was "one of the guys ... in there with the best of them talking trash" throughout her tenure at CCF. Plaintiff stated, Plaintiff acknowledged that she sat on other employees' laps and rubbed their shoulders and that she gave scalp, neck, shoulder and back massages to various employees and would scratch their backs and ask for the same in return. Words like "ass" and "prick" and comments like "fuck it" were used "all the time" in the used car department.
When Ronnie Whitlock first arrived as general manager at CCF in July 1998, he "noticed there seemed to be a disregard towards the `Sexual Harassment policy' in the current employee handbook." One of his "first acts was to make every employee aware of our corporate policy regarding harassment of any kind." During a sales meeting in either July or August 1998, which was attended by Plaintiff, he "made it clear to each and every employee that Chuck Clancy Ford had a zero tolerance policy regarding violations of the No Harassment Policy." He told employees that if anyone had a grievance of any kind he maintained an open door policy. He further stated that his home phone number was listed and he could be called after hours. He also told them that, if they felt uncomfortable talking to him, they were welcome to talk to Margaret Callahan, comptroller. Either he or Callahan were almost always at the dealership.
Plaintiff alleges that Wilson, after his promotion in September 1998, "began a regular practice of verbal and physical sexual assault." Specifically, Plaintiff alleges Wilson asked her for oral sex, said that she could make more money on her car sales if she would accept his sexual overtures, sexually propositioned Plaintiffs daughter in front of Plaintiff, frequently used foul language around all employees, hugged her, patted her buttocks, and, on one occasion, exposed himself to her. Plaintiff further alleges she lost sales because Wilson retaliated against her for refusing his sexual requests. Plaintiff alleges that, after Wilson exposed himself to her, she was unable to return to work because of the hostile environment. Finally, Plaintiff alleges that, after she left CCF but was still on medical leave, someone at the dealership told some of her customers that she was no longer in the automobile business.
Plaintiff bases her complaint on the following alleged incidents:
(1) On several occasions, Wilson was inappropriately provocative by saying she couldn't leave early because she needed to stay at the dealership with him. She acknowledged, however, that she was never alone at the dealership with Wilson, that she actually needed to stay and work, and that Wilson's comments were not really offensive, but she didn't want to stay by herself with him.
(2) On two different occasions, Wilson came into her office and said "to stretch out on the desk, lay back on the desk, we'll knock out a little piece right quick." She replied, "No, not right now, no, I'm busy, I have a customer coming, no, leave me alone." Either she or Wilson then left the office.
(3) Plaintiff was working with the Rutherfords on a vehicle deal. Prior to their coming to the dealership, Plaintiff had Plaintiff returned to her office and told the Rutherfords that the deal was no longer available.
(4) While on a test drive in a vehicle belonging to the Wilkes, Wilson asked what the payoff was on the vehicle and then said, Prior to the Wilkes' arrival with the trade-in vehicle and prior to Wilson's driving the vehicle, Wilson had given Plaintiff an appraisal value of the vehicle. In response to Wilson's comments, Plaintiff "told him, no, he was stupid." Wilson then laughed "his stupid little laugh that he always makes." Wilson changed the appraisal value of the trade-in vehicle, causing Plaintiff...
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