McCray v. Dpc Industries, Inc.

• Decision Date: 12 April 1996
• Docket Number: Civil Action No. 2-94 CV 45.
• Citation: 942 F.Supp. 288
• Parties: John E. McCRAY, Plaintiff, v. DPC INDUSTRIES, INC. d/b/a Dixie Petro-Chem, Inc. and Terry Lee Pierce, Defendants.
• Court: U.S. District Court — Eastern District of Texas

942 F.Supp. 288

John E. McCRAY, Plaintiff, v. DPC INDUSTRIES, INC. d/b/a Dixie Petro-Chem, Inc. and Terry Lee Pierce, Defendants.

Civil Action No. 2-94 CV 45.

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

April 12, 1996.

COPYRIGHT MATERIAL OMITTED

Adam Van Lichtenstein, Jones & Lichtenstein, Marshall, TX, James Walter Hill, Longview, TX, Ricky D. Green, Law Office of Ricky D. Green & Associates, Dallas, TX, Keith W. Smith, Law Office of Ricky D. Green, Dallas, TX, for John E. McCray.

Richard Roland Brann, Baker & Botts, Houston, TX, for DPC Industries, Inc.

Edward Lawrence Merritt, Harbour Kenley Boyland Smith & Harris, Longview, TX, for Terry Lee Pierce.

MEMORANDUM OPINION AND ORDER

JOE J. FISHER, District Judge.

Pending before this Court are the second motion for summary judgment filed by defendant DPC Industries, Inc. ("DPC") and the second motion for summary judgment filed by defendant Terry Lee Pierce ("Pierce"). Plaintiff John E. McCray ("McCray") filed this employment discrimination suit against Defendants under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. and Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. § 1981. The defendants previously moved for summary judgment on some of McCray's claims, and those motions were granted. See McCray v. DPC Industries, Inc., 875 F.Supp. 384 (E.D.Tex.1995). The defendants now seek summary judgment on the remaining claims. After careful consideration of the facts, the applicable law and the arguments of counsel, this Court GRANTS both motions for summary judgment.

I. Background Facts Common to Both Summary Judgment Motions

McCray, a black male, was hired at DPC's Longview, Texas facility in May 1991. He was discharged in July 1992. For most of McCray's tenure at DPC, Defendant Pierce was McCray's foreman. Pierce reported to Charles Harding, who was the DPC-Longview operations manager.

McCray alleges that shortly after his employment at DPC began, he was subjected to racial slurs, remarks and jokes. Specifically, McCray claims that in June 1991, a DPC truck driver named Bill Johnson told a racial joke in his presence. McCray further claims that in July 1991, James Yarbrough, another DPC truck driver, became angry with McCray and called him a "God damned nigger," and that in July or August 1991, Pierce twice told a racial joke about Rodney King in his presence.

In August 1991, McCray complained to Charles Harding about the racial slurs. Harding then called a meeting of the DPC-Longview employees and told the employees that racial jokes, epithets and comments were improper and that the employees were not to engage in such conduct. Harding also threatened any employee who made racial remarks with a three-day suspension without pay. After the meeting, McCray never reported another racial slur or joke to Harding.

Despite McCray's failure to report any further racial remarks or jokes to management, he alleges that Pierce called him "son" three or four times during the year that McCray worked at DPC. McCray claims that during that same time frame, Pierce called him "black yankee" and insulted Jesse Jackson, Malcolm X and Martin Luther King, Jr. four or five times. McCray testified in his deposition that the insulting comments about Jesse Jackson, Malcolm X and Martin Luther King, Jr. were made in the context of political discussions during Jackson's presidential campaign.

On July 7, 1992, McCray wrote a letter to William Steil, a DPC vice president in Longview. Steil received the letter on July 9, 1992. In the letter, McCray complained about various workplace issues such as the distribution of overtime opportunities and misconduct allegedly engaged in by his co-workers. McCray's letter also mentioned Pierce's Rodney King joke and the truck drivers' racial remarks.

After reading the letter, Steil immediately called Harding and Pierce in to discuss McCray's allegations. That meeting lasted approximately two hours. Steil was unable to determine from this discussion that McCray's complaints had merit, but he continued to investigate McCray's claims. Steil called McCray into his office, and for more than three hours they discussed McCray's charges point by point. After this meeting, Steil was still unable to determine that McCray's allegations had any merit. Nevertheless, Steil continued his investigation.

The morning after his meetings with Harding, Pierce and McCray, Steil spoke to McCray's co-workers, asking them whether they had ever used racial epithets or told racial jokes at work, or whether they had witnessed anyone else doing so. Each employee denied having engaged in or witnessed such conduct. Steil instructed the employees that racist jokes and epithets were a violation of DPC policy and prohibited. However, having uncovered no evidence that any employee had done the things McCray claimed, Steil had no basis to take disciplinary action against anyone.

During his meeting with Steil, McCray had requested an opportunity to drive a forklift and load and unload tank trucks. Steil informed Harding and Pierce about McCray's request and asked them whether McCray had received the training necessary to perform these jobs. Harding and Pierce replied that although McCray had received the appropriate training, they had been reluctant to let him undertake such work in light of his poor safety and work record.¹ Steil instructed them to give McCray a chance to drive the forklift and load and unload chemicals from the tank trucks. McCray was therefore assigned to do those tasks.

Soon thereafter, McCray crashed the forklift into an overhead crane support, shearing four bolts and knocking the crane support loose from its base. This accident created a safety hazard, property damage and violated DPC's rules of conduct. McCray also failed to report the accident, an additional breach of DPC's rules of conduct.

Employees also reported seeing McCray speeding across the loading dock in a forklift, carrying two drums of flammable liquid. When McCray hit a rough spot on the dock, the drums flew off the forklift, fell to the ground below the dock and were badly damaged. In addition, an employee reported seeing McCray using the forklift to push a metal drum full of flammable liquid across the cement dock, causing sparks to fly. McCray's conduct violated DPC's rules against damaging company property, as well as the rules regarding driving at safe speeds while on the DPC premises and performing job duties in a safe manner.

The day after McCray wrecked the forklift, he was attempting to load a flammable liquid into a storage tank. He began pumping the liquid from a tank truck into the storage tank without first opening the valve on the tank. This caused the pump to overheat, which, due to the flammable nature of the liquid, created a risk of explosion or fire. This conduct constituted a violation of DPC's rules forbidding careless violations of safety regulations and requiring employees to work in a safe manner.

Finally, on July 24, 1992, McCray confronted Pierce about the accuracy of McCray's time card. The two men argued and, during the argument, McCray called Pierce a "liar." Pierce then poked McCray in the chest, and McCray responded by punching Pierce in the face. This altercation was a violation of DPC's rules of conduct, which specifically prohibit fighting. DPC believed that McCray's unsafe work habits posed a threat to himself and his co-workers, and his altercation with Pierce was the last straw. DPC therefore discharged McCray on July 27, 1992.

Pierce was also disciplined for his participation in the altercation with McCray. Following the altercation, Steil reprimanded Pierce in writing for fighting with McCray, stating that his conduct was considered serious and could lead to termination. Steil also told Pierce that DPC was taking the matter under advisement and would inform Pierce of any disciplinary action it considered appropriate to the offense. DPC then investigated Pierce's conduct further and, pending its determination of the appropriate disciplinary action to take, it reduced Pierce's hours. DPC then decided to discharge Pierce, which it did in August 1992.

II. Summary Judgment Standard.

Summary judgment is not a "disfavored procedural shortcut, but rather ... an integral part of the Federal Rules as a whole, which are designed `to secure the just, speedy and inexpensive determination of every action.'" Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1986) (citation omitted). Summary judgment is appropriate if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56. A fact is "material" if its resolution in favor of one party might affect the outcome of the suit under the governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). "Factual disputes that are irrelevant or unnecessary will not be counted." Id. An issue is "genuine" if the evidence is sufficient for a reasonable jury to return a verdict for the non-moving party. Id. If the evidence rebutting the motion for summary judgment is only colorable or not significantly probative, summary judgment should be granted. Id. at 249-50, 106 S.Ct. at 2510-11; see also Lewis v. Glendel Drilling Co., 898 F.2d 1083, 1088 (5th Cir.1990), cert. denied, 502 U.S. 857, 112 S.Ct. 171, 116 L.Ed.2d 134 (1991).

Under Fed.R.Civ.P. 56(c), the moving party bears the initial burden of "informing the district court of the basis for its motion, and identifying those portions of [the record], which it believes demonstrates the absence of a genuine issue for trial." Celotex, 477 U.S. at 323, 106 S.Ct. at 2553; Leonard v. Dixie Well Serv. & Supply, Inc., 828 F.2d 291, 294 (5th Cir.1987). Where the moving party has met its Rule 56(c) burden, the non-movant "must come forward with `specific facts showing that there is a genuine...