Martinez v. Cracker Barrel Old Country Store, Inc.

• Decision Date: 10 January 2013
• Docket Number: No. 11–2189.,11–2189.
• Citation: 703 F.3d 911
• Parties: Mary MARTINEZ, Plaintiff–Appellant, v. CRACKER BARREL OLD COUNTRY STORE, INC., Defendant–Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

703 F.3d 911

Mary MARTINEZ, Plaintiff–Appellant,

v.CRACKER BARREL OLD COUNTRY STORE, INC., Defendant–Appellee.

No. 11–2189.

United States Court of Appeals,Sixth Circuit.

Argued: Oct. 11, 2012.

Decided and Filed: Jan. 10, 2013.

ARGUED:Travis I. Dafoe, Gafkay & Gardner, PLC, Frankenmuth, MI, for Appellant. Ernest R. Bazzana, Plunkett Cooney, Detroit, MI, for Appellee. ON BRIEF:Travis I. Dafoe, Julie A. Gafkay, Gafkay & Gardner, PLC, Frankenmuth, MI, for Appellant. Ernest R. Bazzana, Plunkett Cooney, Detroit, MI, for Appellee.

Before: SUTTON and GRIFFIN, Circuit Judges; and WELLS, District Judge.^*

OPINION

WELLS, District Judge.

Mary Martinez appeals the district court's grant of summary judgment in favor of her employer, defendant Cracker Barrel Old Country Store (“Cracker Barrel”), on Ms. Martinez's claims of “reverse” racial discrimination, filed pursuant to 42 U.S.C. § 1981 and the Michigan Elliot–Larsen Civil Rights Act (ELCRA), MCL § 37.2101 et seq., arising out of Cracker Barrel's termination of Ms. Martinez from her position as retail manager of its Flint, Michigan store. Finding Ms. Martinez has failed to establish her prima facie case, we affirm the grant of summary judgment.

I.

Ms. Martinez worked for Cracker Barrel from 1995 until 1999 when she voluntarily separated from the company. She was rehired in 2000 as retail manager at the Cracker Barrel in Flint, Michigan, a positionshe held until her termination in February 2010. The parties do not dispute that Ms. Martinez was qualified for her position as retail manager, which involved having a hand in the hiring of retail workers and cashiers, supervising those hired, and managing the retail shop in accord with Cracker Barrel's policies.

The parties also do not dispute that Ms. Martinez acknowledged receiving training on Cracker Barrel's policies prohibiting discrimination in the workplace, on rules requiring notification of any observed discriminatory actions, and on types of terms, such as the expression “ghetto,” that signify racial animus.

The evidence indicates that on January 25, 2010, Ms. Martinez engaged in a wide-ranging, and by some accounts, heated series of conversations with four Cracker Barrel employees. At different times, the conversations touched on the Haiti earthquake, the plight of those in Haiti, and the use of the Michigan “Bridge Card,” (a state public assistance program used by several Cracker Barrel employees). An associate manager overheard the conversations and filed a formal complaint to General Manager Don Longest on January 28, 2010, recounting the conversation regarding Haiti and alleging Ms. Martinez made inappropriate racial comments. Ms. Martinez does not dispute the conversations but notes that she alone was singled out while all four employees participated in the discussion.

Mr. Longest filed an incident report describing the event that came to the attention of District Manager Joanne Morris and Employee Relations Specialist Tonyia Jones on February 1, 2010. These managers, all Caucasian, opened an investigation into Ms. Martinez's conduct, interviewing Ms. Martinez, along with several employees at the Flint, Michigan Cracker Barrel. Through the course of this investigation, Cracker Barrel encountered employee allegations concerning a series of inappropriate racial comments and conduct by Ms. Martinez, including referring to the Michigan Bridge Card as a “ghetto card,” sharing her personal feelings about teen pregnancy, and refusing to hand out paychecks to employees because she was upset about their reliance on the Bridge Cards. Ms. Martinez admitted using the term “ghetto Bridge Card,” occasionally entering into conversations with employees about their lives, and correcting the language of employees.

As part of the investigation, Ms. Morris and Restaurant District Manager Nick Beedie interviewed Ms. Martinez at the Flint, Michigan store. Ms. Martinez alleges that when she asked whether she was going to be fired, Mr. Beedie responded: “[W]e'll both go to bat for you, but you have to remember that this is Flint and you know the history of this store.” Ms. Martinez admits that she did not ask Mr. Beedie what he was referring to but speculates in her deposition that the comment was in reference to a previous incident when a Caucasian manager at the store called the police after African–American guests told her they did not intend to pay for their meals. The guests' complaint allegedly resulted in the manager's termination.

It became apparent to Ms. Jones, during the course of the investigation, that other retail employees, not managers, used inappropriate racial terms such as “ghetto card.” In response, Cracker Barrel imposed policy reviews on those employees, all African–American. Ms. Jones noted that from a company human-resources perspective, managers were held to a higher standard due to their positions of leadership.

Upon completion of the investigation, Cracker Barrel determined that Ms. Martinez had violated specific company rules, which would result in her termination. Ms. Martinez elected to be terminated over the phone and, on February 12, 2010, Ms. Morris read to her the “Employee Counseling Report” detailing her transgressions on January 25, 2010 as violating company rules prohibiting rude and boisterous conduct, or any form of discriminatory or harassing behavior.

Ms. Martinez brought her lawsuit on August 18, 2010, alleging racial discrimination in the handling of her termination. On March 4, 2011, Cracker Barrel made an offer of reinstatement to Ms. Martinez. Cracker Barrel interpreted her response letter from counsel as a rejection of its offer.

II.

This Court “reviews a grant of summary judgment de novo and considers the facts and any inferences drawn from the facts in the light most favorable to the nonmoving party.” Chapman v. UAW Local 1005, 670 F.3d 677, 680 (6th Cir.2012) (en banc) (citing White v. Detroit Edison Co., 472 F.3d 420, 424 (6th Cir.2006)). “Summary judgment is appropriate if there is no genuine dispute as to any material fact and the moving parties are entitled to judgment as a matter of law.” Id. (citing Fed.R.Civ.P. 56(a)). “When the non-moving party fails to make a sufficient showing of an essential element of his case on which he bears the burden of proof, the moving parties are entitled to judgment as a matter of law and summary judgment is proper.” Id. (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).

Summary judgment is appropriate only if the pleadings, depositions, answers to interrogatories, and affidavits show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a) & (c). The burden to show that there are no genuine issues of material fact falls upon the defendants as the parties seeking summary judgment. See Celotex Corp. v. Catrett, 477 U.S. 317, 322–23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge[.]” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The Court considers the evidence presented in the light most favorable to Martinez and draws all justifiable inferences in her favor. See id. The ultimate question is whether the evidence presents a sufficient factual disagreement to require submission of a particular legal claim to the jury or whether the evidence on the claim is so one-sided that the defendant should prevail as a matter of law. See id. at 251–52, 106 S.Ct. 2505.

III.

Ms. Martinez charges Cracker Barrel with reverse racial discrimination pursuant to 42 U.S.C. § 1981. Most, but significantly not all, of the application of Michigan's Elliot–Larsen Civil Rights Act (ELCRA) parallels the federal law framework enunciated in Title VII “reverse discrimination” cases. See McDonnell Douglas Corporation v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Sutherland v. Mich. Dep't of Treasury, 344 F.3d 603, 614 (6th Cir.2003).

Under the ELCRA, plaintiffs have two alternative ways to show reverse discrimination: through direct evidence or through circumstantial evidence. “Direct evidence is evidence that, if believed, requires the conclusion that unlawful discrimination was at least a motivating factor in the employer's actions.” Thompson v. City of Lansing, 410 Fed.Appx. 922, 929 (6th Cir.2011). “Consistent with this definition,direct evidence of discrimination does not require a factfinder to draw any inferences in order to conclude that the challenged employment action was motivated at least in part by prejudice against members of the protected group.” Johnson v. Kroger Co., 319 F.3d 858, 865 (6th Cir.2003).

To establish a prima facie case of discrimination predicated upon circumstantial evidence, a plaintiff must prove, by a preponderance of the evidence, that: (1) he or she is a member of a protected class; (2) he or she is qualified for the position; (3) he or she suffered an adverse employment action; and (4) the circumstances indicate that race or sex played a role in the adverse employment action. See McDonnell Douglas Corp., 411 U.S. at 802, 93 S.Ct. 1817;Braithwaite v. Timken Co., 258 F.3d 488, 493 (6th Cir.2001).

In our circuit, to satisfy the first element in a case such as this, where a member of a racial majority is claiming discrimination in violation of federal law, the plaintiff must typically “demonstrate background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.” Zambetti v. Cuyahoga Cmty. College, 314 F.3d 249, 255 (6th Cir.2002). However, because Ms. Martinez also brings some of her claims alleging race discrimination under Michigan's ELCRA, she need not satisfy this heightened standard of proof with respect to those claims. Lind v. City...