Marshall v. Super Serv., LLC
| Decision Date | 06 April 2016 |
| Docket Number | Civil Action No. 6: 14-229-DCR |
| Parties | JOY MARSHALL, Plaintiff, v. SUPER SERVICE, LLC, Defendant. |
| Court | U.S. District Court — Eastern District of Kentucky |
This matter is pending for consideration of cross-motions for summary judgment filed by Plaintiff Joy Marshall and Defendant Super Service, LLC ("Super Service"). [Record Nos. 31; 35] The plaintiff asserts claims of sex-based discrimination, retaliation, and hostile work environment against the defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000, et seq., and the Kentucky Civil Rights Act, Ky. Rev. Stat. § 344.010, et seq. [Record No. 1-4]1 For the reasons outlined below, Super Service's motion for summary judgment will be granted and Marshall's motion for summary judgment will be denied.
Super Services, LLC is a trucking corporation with its headquarters located in Grand Rapids, Michigan and terminals located in several states. [Record No. 1-4, ¶ 2] Prior to April 2011, three separate "sister" companies comprised the main company: GaineyTransportation located in Michigan, Lester Coggins located in Florida, and Super Service, Inc. located in Kentucky. [Record Nos. 34-1, pp. 2, 8; 31-25, p. 52] In 2010, Marshall worked as a night dispatcher for the terminal located in Okahumka, Florida. [Record No. 34-19, pp. 6, 74] Around September 2010, upon learning that her particular terminal was closing, the plaintiff contacted John Kidd, Director of Operations for client Vascor, about a dispatch position at the terminal located in Somerset, Kentucky. [Record No. 31-25, p. 54] At the time, Marshall was pregnant and feared losing her maternity leave and healthcare benefits. [Id.] In December 2010, Marshall began working as a night dispatcher at the Somerset terminal. [Id., p. 70; Record No. 1-4, ¶ 8] Her moving expenses were not covered, and she took a $2,600.00 reduction in pay as a result of the transfer. [Record Nos. 31-25, p. 70; 1-4, ¶ 17] Around the same time, three male employees with positions different from Marshall's were asked to transfer to the facility located in Ellenwood, Georgia. [Record No. 31-19, pp. 73-74] Their pay was not reduced, and they also received reimbursement for moving expenses. [Record No. 34-1, p. 4]
As a night dispatcher, Marshall reported to Kim Caldwell. [Record No. 31-25, p. 118] However, in July 2011, Super Services moved the night dispatch position to the Grand Rapids facility. As a result, the plaintiff became a breakdown coordinator, reporting to Ivan Randall. [Id.; Record Nos. 34-4, p. 10; 34-7, p. 30] Randall reported to Fran Kephart, the head of the maintenance department. [Record Nos. 31-30, p. 65; 34-1, p. 23] Most breakdown coordinators handled only mechanical and maintenance issues, but with respectto the customer Vascor, the plaintiff continued to address both breakdown and dispatch issues.2 [See, e.g., Record Nos. 31-9, p. 2; 34-1, p. 34.]
On April 20, 2013, Marshall contacted Kidd by phone to express her concern about working alone with Kevin Taylor, who had allegedly recently assaulted his wife and checked into a mental facility. [Record No. 34-19, pp. 25-26] Taylor also had a history of assault charges involving female victims. [Record No. 34-7, p. 39] Kidd stated that he would look into the situation and e-mailed Marshall the next day when she was at work with Taylor, asking if she was "okay." [Record Nos. 34-19, p. 27; 31-5, p. 2] Marhall responded that she was. [Id.] She experienced no problems with Taylor that day. [Record No. 34-19, p. 27]
On May 2, 2013, Randall e-mailed Marshall about reporting to work at 5:00 p.m. and leaving at 2:00 a.m. on Mondays, Thursdays, and Fridays, even though she was originally expected to arrive at 6:00 p.m. [Record Nos. 31-6; 34-19, p. 64] Marshall responded with "[w]ill do." [Record No. 31-6] Believing that the schedule change would begin the following week and, consistent with Super Service's usual practice, Marshall arrived to work at 6:00 p.m. the following day. [Record No. 34-19, p. 65] As a result of her late arrival, Randall wrote-up Marshall on May 9, 2013. [Record No. 31-7] However, Kephart decided not to proceed with formal discipline, removing out the write-up. [Record Nos. 31-29, p. 54; 34-5, pp. 135-36] On May 3, 2013, Marshall sent Kephart an e-mail regarding whether Taylor would be allowed to return to work while on work release, but Kephart responded that he did not know whether Taylor was in a work release program. [Record No. 31-8] Though Taylor was permitted to work on May 4th with Marshall, Super Services subsequently accommodated Marshall's requests, having Taylor not work with her on May 5th. [Record Nos. 34-1, pp. 47-49; 34-19, p. 50] However, the defendant allowed Taylor to return to work on May 9th after the charges were dropped. [Record Nos. 31-10; 34-1, pp. 47-48; 34-4, p. 24] That day, Marshall sent an e-mail to Kidd asking for clarification of her Vascor duties and informing him of her conversation with Kephart concerning Taylor. [Record No. 31-9] She also acknowledged that she was aware that she was to report to Randall, as her supervisor. [Id.]
Subsequently, on May 10, 2013, Marshall met with Kephart to inform him that Taylor had used vulgar language with a vendor and had acted erratically. [Record No. 34-6, p. 111] However, Kephart stated that her complaint was "hearsay." [Record No. 31-10] As a result, Marshall e-mailed Randall and Caldwell requesting clarification on the Taylor situation and explaining why her complaint was not hearsay. [Id.]
On May 12, 2013, Marshall called Peter Hussey, the night breakdown coordinator, at 1:09 a.m. to inform him that she was sick. [Record No. 31-11] Hussey communicated her message to Randall. [Id.] Because Marshall failed to follow Super Service's call-in procedures, Kephart conducted a counseling session with her. [Id.; Record No. 31-2, p. 7] Sherry Daughetee attended this session. [Record No. 35-13] Kephart explained that Marshall was being disciplined for failing to call her manager or immediate supervisor. He also informed Marshall that her skirt length violated company policy. [Record Nos. 31-2, p.10; 31-25, pp. 157, 164; 31-12] Upset with the write-up, Marshall e-mailed John Kidd and Steve Maat, Director of Human Resources, on May 14, 2013, disputing the call-in procedure. [Record No. 31-13] In addition, Marshall claimed that when she made a comment about having to work alone when Taylor was gone, Kephart asked, "is it so hard to pick up a phone for four hours?" [Id.] Marshall termed the e-mail a "formal complaint" and described Kephart's conduct as "discriminatory." [Id.] Maat responded that day, confirming that Marshall should report to Randall and that Taylor did not pose a safety risk at the company. [Record No. 31-14]
Two days later, Marshall again e-mailed Maat, explaining her reason for calling Hussey instead of Randall to inform him that she was sick on May 12th. [Record No. 31-15] She also wrote:
[w]ell, regarding my complaint of discrimination from Mr. Fran Kephart. Fran has usurped the power of the position Kim holds and in addition to the recent disciplinary action taken against me, unfortunately, it appears Fran has an issue addressing and dealing appropriately with female employees. If a female is to sit in the office while I have a write up, it would be Kim as she is supposed to be my immediate supervisor not the payroll officer . . . . Regarding any claims from Fran that my dress code was a violation in any way is also considered hearsay at this point. . . . Again, I find that grossly offensive that Fran would pay that much attention 'in inches' to my skirt, but not have the professionalism to release a memo for a chain of command [] which he is trying to enforce. In doing that he is alienating female supervisor Kim Caldwell.
[Id.] On May 17, 2013, Maat reiterated that Randall was Marshall's supervisor and that, in any event, Hussey certainly was not her supervisor. [Record No. 31-16, p. 2] He also stated, "[i]f you are claiming Fran discriminates against women, please describe the discriminatory incidents in as much detail as possible so I can investigate." [Id.] But Marshall did notrespond. [Record Nos. 31-25, p. 177; 34-1, p. 53] Maat questioned Caldwell about Kephart's conduct, and she reported no problems with him. [Record No. 31-28, pp. 52-53]
Marshall chose to work the night shift in December 2013, after Super Service altered the breakdown/Vascor crew's schedule.3 [Record Nos. 31-17; 31-25, p. 104; 31-26, 187] On January 10, 2014, between 3:00 and 4:00 a.m., Marshall became aware that one of the Vascor teams was involved in an accident. [Record No. 31-26, p. 210] She concedes that it was her duty to report the accident to the Safety Department ("Safety"). [Record Nos. 31-28, p. 60; 31-31, p. 24; 34, p. 16; 34-1, p. 17] Marshall knew that Safety needed to know as soon as possible about such accidents, although she disputes whether she was the only person with the responsibility to notify Safety on the night in question. [Record No. 31-26, pp. 193-200] Marshall had notified Safety in the past about accidents. [Record No. 31-19, p. 14]
Soon after learning of the incident, Marshall called Roger Beachy to notify him of the event. [Record No. 31-31, p. 22] Thereafter, at 5:23 a.m., Marshall notified John Kidd, Roger Beachy, Mark Collins, and Guy Holden, none of whom were in Safety, of the accident via e-mail, writing that, "[s]afety and Vascor have not been notified as of yet." [Record No. 31-18] She claims that Beachy informed her not to call anyone else about the accident, although he contests her assertion. [Record Nos. 31-26, p. 221; 31-31, p. 24]
When Safety Manager Chuck Creekmore entered the facility four hours after Marshall received notification of the accident, Kidd discovered that the accident had not been reported to Safety. [Record No. 31-30, p. 74] As a result, Kidd...
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