Martin v. Nannie and the Newborns, Inc.

• Decision Date: 31 August 1993
• Docket Number: No. 92-6254,92-6254
• Parties: 62 Fair Empl.Prac.Cas. 1275, 62 Empl. Prac. Dec. P 42,533 Belinda MARTIN, Plaintiff-Appellant, v. NANNIE AND THE NEWBORNS, INC.; Business Solutions, Inc.; Larry D. Gudgel, Defendants-Appellees.
• Court: U.S. Court of Appeals — Tenth Circuit

Page 1410

3 F.3d 1410

62 Fair Empl.Prac.Cas. 1275,

62 Empl. Prac. Dec. P 42,533

Belinda MARTIN, Plaintiff-Appellant, v. NANNIE AND THE NEWBORNS, INC.; Business Solutions, Inc. Larry D. Gudgel, Defendants-Appellees.

No. 92-6254.

United States Court of Appeals Tenth Circuit.

Aug. 31, 1993.

Silas C. Wolf, Jr., Norman, OK, for plaintiff/appellant.

Melvin C. Hall of Chapel, Riggs, Abney, Neal & Turpin, Oklahoma City, OK, for defendants/appellees Nannie and the Newborns, Inc. and Larry Gudgel.

Before EBEL and KELLY, Circuit Judges, and BARRETT, Senior Circuit Judge.

EBEL, Circuit Judge.

This case comes before us on appeal of the district court's order granting summary judgment in favor of the defendants. We find that the district court properly granted summary judgment on the plaintiff's quid pro quo harassment claims. However, we find that summary judgment was inappropriate on the harassment claim concerning a hostile work environment and accordingly remand for trial.

Facts ¹

Beginning on September 1, 1988, Belinda Martin was employed by the defendant Larry Gudgel and served in various capacities in companies that Gudgel owned, including: People Leasing Co., defendant Business Solutions, Inc., and defendant Nannie and the Newborns, Inc.

Throughout her employment Martin was the target of inappropriate behavior. In the Summer of 1988, Gudgel asked Martin to accompany him to a convention in Colorado. She agreed but made it clear that as a condition to her attending the conference, she must have her own hotel room. When they arrived at the convention, she was told that the hotel did not have a separate room and she was forced to share a suite with Gudgel.

In October of 1988, while at another convention in Tulsa, Oklahoma, Martin was propositioned for sex by one of Gudgel's clients which she refused. The next day Gudgel came to Martin's hotel room and she told him about the incident. Gudgel scolded her and told her that having sex with the client would not have hurt anything and that no one would have known. In the course of their conversation, Gudgel propositioned Martin for sex. She refused and an argument ensued. Gudgel then raped Martin. She did not report this incident to anyone.

In December of 1988, Gudgel drove Martin home from work after they had finished working for the day. Gudgel went into Martin's house, placed his hands on her shoulder and requested that she accompany him to Lawton, Oklahoma, for the night. She refused, saying that she did not mess around with people with whom she worked. He explained that "he was the owner and not [her] supervisor there was nothing [she] could do." EEOC Affidavit at 2.

In May of 1990, Gudgel inquired of Martin whether she had informed anyone of the rape that had occurred in October of 1988. Martin informed Gudgel that she had told no one. At the same time Gudgel asked Martin out on a date, which she refused. Martin felt intimidated during these exchanges.

In addition to Gudgel, several of Gudgel's employees also harassed Martin. Beginning in February of 1989, and continuing thereafter, Martin was harassed by her supervisor, Lonnie Rothner. On one occasion, when picking Martin up at her house, Rothner showed her some lingerie and offered it to her if she would model it. Martin refused. During a drive to a convention in Tulsa, Rothner waived an artificial penis at Martin and placed it in his belt in front of her. Finally, while at the same convention, Rothner obtained a key to Martin's hotel room from the front desk, entered without her permission, and solicited sex which Martin declined.

In July of 1989, Martin was promoted to an officer of one of Gudgel's companies, Nannie and the Newborns (N & N). While an officer of N & N, Martin was subjected to repeated sexual innuendoes and embarrassing remarks from one of her co-employees, Max Clark. These remarks continued as long as she was employed there.

On May 18, 1990, Martin was fired from her position at N & N by Jerry Lassiter, the General Manager. The reasons given for her termination were that Martin had asked the bookkeeper to withhold information about certain financial agreements from the owner, ² and that she failed to complete assignments when requested.

On August 20, 1990, Martin filed a charge of discrimination with the Oklahoma Human Rights Commission alleging that Gudgel intimidated and sexually harassed her. She also charged that Gudgel fired her because he was afraid that she would tell other employees about his actions. On August 20, 1990, Martin also filed a formal complaint with the Equal Employment Opportunity Commission ("EEOC"). Although the EEOC did not complete an investigation, it ultimately issued a right-to-sue letter.

The instant action was filed on April 19, 1991. Martin alleges that she was sexually harassed in violation of Title VII, 42 U.S.C. Sec. 2000 et seq., and in pendent state law claims that she was wrongfully terminated, that she was the victim of the intentional infliction of emotional distress, and that she relied on material misrepresentations made by Gudgel. The district court granted the defendants' motion for summary judgment on May 5, 1992. The court found that the plaintiff's Title VII claims were time barred, that she failed to allege sufficient evidence of sexual harassment, and that she failed to offer evidence that might rebut the legitimate, nondiscriminatory reasons for the termination offered by the defendants. Judgment was entered on June 12, 1992. ³ This appeal followed.

Standard of Review

We review summary judgment orders de novo, using the same standards applied by the district court. Osgood v. State Farm Mut. Auto. Ins. Co., 848 F.2d 141, 143 (10th Cir.1988). Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c); accord Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509, 91 L.Ed.2d 202 (1986); Russillo v. Scarborough, 935 F.2d 1167, 1170 (10th Cir.1991). The moving party bears the initial burden of showing that there is an absence of any issues of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986); Hicks v. City of Watonga, 942 F.2d 737, 743 (10th Cir.1991). If the moving party meets this burden, the non-moving party then has the burden to come forward with specific facts showing that there is a genuine issue for trial as to elements essential to the non-moving party's case. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986); Bacchus Indus., Inc. v. Arvin Indus., Inc., 939 F.2d 887, 891 (10th Cir.1991). To sustain this burden, the non-moving party cannot rest on the mere allegations in the pleadings. Fed.R.Civ.P. 56(e); Celotex, 477 U.S. at 324, 106 S.Ct. at 2553; Applied Genetics Int'l v. First Affiliated Sec., Inc., 912 F.2d 1238, 1241 (10th Cir.1990).

Discussion

The plaintiff-appellant, Belinda Martin, appeals from the order of the district court granting summary judgment to the defendants on her federal claims. In her complaint, Martin alleges that she was the victim of sexual harassment in violation of Title VII. Sexual harassment under Title VII can be shown under one of two principle theories: quid pro quo discrimination or hostile work environment. See Meritor Sav. Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986); Hicks v. Gates Rubber Co., 833 F.2d 1406, 1413 (10th Cir.1987).

The district court found that the plaintiff in the instant case failed to establish a claim of sexual harassment under either quid pro quo or hostile environment theories. The court concluded that Martin's claims were time barred because most of the incidents of harassment occurred outside of the 300 days prior to her filing a complaint with the EEOC. Those incidents that did occur within the 300 day limit were found to be insufficient, as a matter of law, to establish a claim of harassment. The court found that there was insufficient evidence of quid pro quo harassment and that the plaintiff failed to rebut the legitimate reasons for the termination proffered by the defendants. According to the district court, the evidence of hostile environment was also insufficient because it lacked specificity.

A. Time Bar

The primary reason asserted by the district court for granting the defendants' motion for summary judgment was that the plaintiff's claims were time barred. The district court held that "[t]he acts of harassment that plaintiff alleges either all occurred more than 300 days prior to her filing with the EEOC or are insufficient to establish a claim of sexual harassment." Order at 2-3. According to 42 U.S.C. Sec. 2000e-5(e), a charge of discrimination must be filed within 300 days after the alleged unlawful practice occurs. ⁴ This filing is a prerequisite to a civil suit under Title VII. Alexander v. Gardner-Denver Co., 415 U.S. 36, 47, 94 S.Ct. 1011, 1019, 39 L.Ed.2d 147 (1974).

The plaintiff admits that many of the alleged acts of harassment occurred outside the time limit imposed by Title VII including: the lingerie, artificial penis, and hotel room entry incidents as well as the rape. Br. in Opposition to Summ. Judgment at 6. If these incidents alone constituted the basis of Martin's claim, the action would be time barred. However, Martin also alleges other incidents of harassment which clearly occurred within the 300 day time frame. These included offensive comments by Clark, her termination, as well as Gudgel's questioning concerning the rape at the same time that he asked Martin for a date. She alleges that these incidents, when viewed together with those incidents that occurred outside the time limitation, represent a continuing pattern of...