Miller v. Sam's Club & Wal-Mart Stores
| Decision Date | 22 September 2015 |
| Docket Number | No. 13 C 6467,13 C 6467 |
| Court | U.S. District Court — Northern District of Illinois |
| Parties | GIRTHA MILLER, Plaintiff, v. SAM'S CLUB AND WAL-MART STORES d/b/a SAM'S CLUB, Defendant. |
Honorable Marvin E. Aspen
Presently before us is a motion for summary judgment filed by Defendant Sam's West, Inc. ("Sam's Club" or "Defendant"), seeking dismissal of Plaintiff Girtha Miller's employment claims against it. Miller alleges that Sam's Club discriminated against her on the basis of her race and retaliated against her, in violation of Title VII of the Civil Rights Act of 1964. For the reasons set forth below, we grant the motion and terminate this case.
As a preliminary note, the facts described herein are undisputed and culled primarily from Sam's Club's Local 56.1 statements of fact and exhibits. For her part, Miller did not respond to Sam's Club's statements of fact in compliance with Local Rule 56.1. See L.R. 56.1(b)(3) (). She has therefore admitted each of Sam's Club's statements of fact. Apex Digital, Inc. v. Sears, Roebuck & Co., 735 F.3d 962, 965 (7th Cir. 2013); Raymond v. Ameritech Corp., 442 F.3d 600, 608 (7th Cir. 2006); Thornton v. Hamilton Sundstrand Corp., 54 F. Supp. 3d 929, 935-36 (N.D. Ill. 2014). In addition, Miller did not submit a statement ofany additional facts in opposition to the motion. See L.R. 56.1(b)(3)(C). Although Miller attached some exhibits to her response brief, most are hearsay, unauthenticated, and/or not clearly relevant. We may rely on admissible evidence only for purposes of our analysis. See, e.g., Hemsworth v. Quotesmith.Com, Inc., 476 F.3d 487, 490 (7th Cir. 2007) (). As a result, we must disregard Miller's exhibits and will discuss these exhibits only as noted below.1 Because Miller is proceeding pro se, we will consider the factual assertions she makes in her brief to the extent that she could properly testify about the matters asserted at trial. See Fed. R. Evid. 602 (). With that framework in mind, we turn to the facts.
Miller, who is African-American, began working for Sam's Club in 2002 and most recently held the position of Competition Associate. (Def.'s SOF ¶¶ 3, 7-8.)
Under Sam's Club's Coaching for Improvement policy, associates may be disciplined through various steps, depending on the nature and severity of the offense, and can be terminated immediately for actions involving integrity, such as theft. (Id. ¶¶ 13-15; see Decl. of Bradley LeClear ¶¶ 12-17 & Ex. C (Coaching for Improvement Policy).) Although Miller contends that her performance was "exemplary" until the arrival of general manager Brad LeClear in July 2011, she offers no proof to substantiate that claim, other than her own assessment. (Resp. at 3.) The record before us indicates that Miller had received coachings prior to LeClear's arrival, which had become inactive due to the passage of time. (Def.'s SOF ¶ 17; see LeClear Decl. ¶ 17 & Ex. C.)
Following LeClear's arrival, and until her termination, Miller received additional coachings and guidance. On November 21, 2011, management issued Miller a written coaching for failing to change a sign for an item on the sales floor after changing the item's price. (Def.'s SOF ¶ 16; LeClear Decl. ¶ 16 & Ex. D (First Coaching #8954725).) In her opposition, Miller contends that LeClear arranged for this coaching on the same day that they disagreed about her responsibility for the store's losses due to price changing errors. (Resp. at 3-4.) Miller asserts that she had complained about LeClear's involvement in her work as Competition Associate, which angered him, and that they had argued about who was responsible for certain losses.2 (Id.)
On October 12, 2012, the store's new Membership Assistant Manager, Juan Arroyo, spoke with Miller about her interactions with other associates. (Def.'s SOF ¶¶ 18-22.) Arroyo had observed Miller and another associate not getting along. After their conversation, Arroyo sent Miller an email reminding her to speak carefully and respectfully with all associates. At her deposition, Miller acknowledged that she had this conversation with Arroyo. (Def.'s SOF ¶ 22; Miller 7/25/14 Dep. (Def.'s SOF, Ex. 2) at 96-97.)
The following month, on November 19, 2012, Miller received a second written coaching based on an incident in which she allegedly displayed lack of respect for a manager.3 (Def.'s SOF ¶ 23; LeClear Decl. ¶ 18 & Ex. E at 26-27 (Second Coaching, #10535321).) Assistant Manager Josh Walker reported that he had reached to review some signs that Miller was holding and that she snatched them out from his hands and then spoke rudely to him in front of other associates. (Def.'s SOF ¶ 25; LeClear Decl. ¶¶ 18-19 & Ex. E.)
Two months later, on January 22, 2013, LeClear issued Miller a third written counseling for disrespectful comments directed at a manager and another associate. (Def.'s SOF ¶¶ 27-30; LeClear Decl. ¶¶ 20-21, Ex. E-F at 28, 30 (Third Coaching, #10774768).) For example, Miller asked a manager if his weight loss had affected his attitude. She admitted that her comment could have been misconstrued as negative. (Miller 7/25/14 Dep. at 186-87.)
Using her confidential log-in information, Miller acknowledged each of these coachings in Sam's Club's system. (Def.'s SOF ¶ 24; see Miller 7/25/14 Dep. at 99-100; Miller 8/22/14 Dep. at 240; see also LeClear Decl., Exs. D-F.)
Following her second write-up, Miller submitted a written complaint about her working conditions to Jennifer Jones, the market human resources manager for Sam's Club. (Def.'s SOF ¶¶ 31-32; Miller 7/25/14 Dep. at 166-67 & Ex. 26 (12/9/12 Mem.); see Decl. of Jennifer Jones ¶ 2.) In her December 9, 2012 letter, she described harassment from another female, African-American associate and rude treatment by a Meat Department Team Lead. (Miller 7/25/14 Dep., Ex. 26.) She also complained about her November 19, 2012 write-up from Walker, who she claimed decided to discipline her because he thought she was going to contact LeClear about the sign incident. (Id.; see also Miller 7/25/14 Dep. at 173-75.)
Because Miller reported that "only black Associates get coached," Sam's Club initiated an investigation. (Def.'s SOF ¶¶ 33-35; see Jones Decl. ¶ 6 ().) Miller states that Jones never contacted about her open door complaint but forwarded it to LeClear to handle. (Resp. at 5; Miller 7/25/14 Dep. at 165, 187 ().) Sam's Club concluded that Miller's claims of discrimination could not be substantiated. (Id. ¶ 35.)
Using merchandise from the store, Sam's Club prepares gift baskets to use as a marketing tool for potential members. (Def.'s SOF ¶ 36; Arroyo Decl. ¶¶ 8-9.)
On February 4, 2013, Walker observed Miller eating Starburst candy in the marketing office, which she then tossed into her bag.4 (Def.'s SOF ¶ 37; LeClear Decl. ¶¶ 22-24 & Ex. G(Walker 2/7/13 email to LeClear recounting the events).) Walker informed Arroyo about his observation and also told him the same type of candy was being used to prepare marketing gift baskets. (Def.'s SOF ¶¶ 37-38; Arroyo Decl. ¶¶ 10-11.) Walker and Arroyo then went to the marketing office and saw an open package of Starburst, with missing pieces, in what they believed was Miller's bag. (Def.'s SOF ¶ 39; Arroyo Decl. ¶ 12.) Arroyo asked Miller about the candy. (Def.'s SOF ¶ 40.) Miller explained that the candy had been open, on the desk in the marketing office, and admitted that she had eaten and taken it. (Def.'s SOF ¶ 41; Arroyo Decl. ¶ 14.) At Arroyo's request, she prepared a written statement to that effect, noting that she did not open the package and did not realize that she was violating any rules. (Arroyo Decl. ¶ 41 & Ex. B (2/4/13 Miller email to Arroyo); see also Miller 7/25/14 Dep. at 127-28, 141-43 ().)
Arroyo apprised LeClear of the situation. (Def.'s SOF ¶ 43.) LeClear gathered information, including a statement from Walker, and concluded that Miller had engaged in misconduct involving integrity. (Id. ¶¶ 48-49; LeClear Decl. ¶¶ 22-26 & Ex. G.) After consulting with Jones, LeClear decided that Miller's conduct warranted termination pursuant to the Coaching for Improvement Policy. (Def.s' SOF ¶¶ 50-52; LeClear Decl. ¶¶ 27-29; Jones Decl. ¶¶ 8-9.) At LeClear's instruction, Arroyo met with Miller on February 8, 2013 to terminate her employment with Sam's Club. (Def.'s SOF ¶ 52; Arroyo Decl. ¶ 16.)
Jones reported that she spoke to Miller after her termination and that Miller raised concerns about her treatment by Sam's Club. (Jones Decl. ¶¶ 10-11.) Miller contests this account and states that she never spoke to Jones after the day she was fired. (Resp. at 6.) We need not address this discrepancy because, in any event, Miller contacted Jones by email onFebruary 12, 2013.5 Among other things, Miller protested that LeClear had been permitted to investigate her prior complaint of discriminatory treatment. According to her declaration, Jones attempted to follow-up with Miller, who did not respond to Jones' email or otherwise contact her thereafter. (Def.'...
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