Patterson v. Augat Wiring Systems, Inc., Civil Action No. 96-A-218-N.

CourtUnited States District Courts. 11th Circuit. Middle District of Alabama
Citation944 F.Supp. 1509
Docket NumberCivil Action No. 96-A-218-N.
PartiesCheryl Denise PATTERSON, Plaintiff, v. AUGAT WIRING SYSTEMS, INC., et al., Defendants.
Decision Date28 October 1996

M. Wayne Sabel, Mark W. Sabel, Jr., Sabel & Sabel, P.C., Montgomery, AL, for Cheryl Denise Patterson.

Edgar W. Ennis, Jr., W. Melvin Haas, III, William M. Clifton, III, Haynsworth, Baldwin, Johnson & Harper, Macon, GA, for Augat Wiring Systems, Inc.

Joseph (Jay) Brady Lewis, Montgomery, AL, for Edwin Sweeney.

W. Melvin Haas, III, William M. Clifton, III, Haynesworth, Baldwin, Johnson & Harper, Macon, GA, for George Kohlman, Jack Foster, Ken Thomas, and Steve Abelman.

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

I. INTRODUCTION

This cause is before the court on the Motion for Partial Judgment on the Pleadings filed by defendant Augat Wiring Systems, Inc. ("Augat") on April 11, 1996.

Cheryl Denise Patterson ("the Plaintiff") filed this action in this court on February 8, 1996. Named as defendants were Augat Edwin Sweeney ("Sweeney"), George Kohlman ("Kohlman"), Jack Foster ("Foster"), Ken Thomas ("Thomas"), and Steve Abelman ("Abelman"). On April 1, 1996, the Plaintiff voluntary dismissed, with prejudice, defendants Kohlman, Foster, Thomas, and Abelman. The remaining defendants are Augat and Sweeney (collectively referred to as "the Defendants").

In her Complaint, the Plaintiff claims that the Defendants are liable for sexual and racial harassment, discrimination, retaliation, and various torts under Alabama law. Count One of the Complaint alleges that the Defendants unlawfully discriminated against the Plaintiff on the basis of sex and/or race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"). Counts Two and Four allege that the Defendants unlawfully discriminated against the Plaintiff in the terms and conditions of her employment on the basis of sex and/or race, in violation of Title VII and the Civil Rights Act of 1866, 42 U.S.C. § 1981 ("§ 1981"), respectively. Counts Three and Five allege that the Defendants retaliated against the Plaintiff because she opposed their practices of discrimination and harassment and because she filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") and participated in a subsequent investigation, in violation of Title VII and § 1981, respectively. Lastly, Counts Six, Eight,1 Nine, Ten, and Eleven allege that the Defendants violated Alabama law by invading the Plaintiff's right to privacy, and committing other torts of negligent supervision, negligent retention, assault and battery, and outrageous conduct, respectively.

On April 11, 1996, Augat filed a Motion for Partial Judgment on the Pleadings. Augat contends that the disparate treatment claims, contained in Counts One, Two, and Three, are limited to matters arising within 180 days of the filing of the Plaintiff's EEOC charge. Augat also contends that the § 1981 claim, contained in Count Four, is limited, in part, by the statute of limitations. Augat further contends that the Plaintiff's claim of retaliation for her opposition to discrimination, contained in Count Five, is not within the purview of § 1981. Additionally, Augat contends that Count Six fails to state a claim against it for invasion of privacy. Augat also contends that the exclusivity provisions of Alabama's workers' compensation statute bar the claims for negligent supervision and retention, contained in Counts Eight and Nine, respectively. Moreover, Augat contends that it is not vicariously liable for assault and battery, contained in Count Ten. Lastly, Augat contends that it is not liable for outrageous conduct, contained in Count Eleven.2

The court has jurisdiction over Counts One, Two, Three, Four, and Five on the basis of a federal question. See 28 U.S.C. § 1331. The court also has jurisdiction over Counts Six, Eight, Nine, Ten, and Eleven on the basis of supplemental jurisdiction. See 28 U.S.C. § 1367.

For the reasons that follow, the court finds that the motion is due to be DENIED.

II. FACTS
A. The Parties

The pleadings establish the following facts: The Plaintiff is a black female Alabama resident who was employed at Augat during all times relevant in this cause. Augat is an Alabama corporation. Sweeney, an Alabama resident, was a Customer Service Manager at Augat and the Plaintiff's immediate supervisor. Kohlman was Vice-President of Materials at Augat. Foster was Vice-President of Human Resources at Augat. Thomas was Human Resources Manager at Augat. Lastly, Abelman was Vice-President and General Manager of Wiring at Augat.

B. Pre-Filing of EEOC Charge

In 1991, Augat hired the Plaintiff as a Customer Service Representative when Augat purchased the Plaintiff's former employer, National Industries; the Plaintiff had the same job at National Industries, beginning in January 1987. The Plaintiff alleges that Sweeney continually subjected her to sexist and racist slurs. According to the Plaintiff, Sweeney frequently cursed at, and directed demeaning and hostile language toward, the Plaintiff and other female employees at Augat. Specifically, in November 1993, the Plaintiff claims that Sweeney harassed her while she was pregnant and told her that she should have her legs sewn together. According to the Plaintiff, she hemorrhaged as a result of stress created by Sweeney's harassment, and her son was born prematurely. The Plaintiff also alleges that Sweeney engaged in a pattern of discriminatory conduct and created a hostile environment at Augat, adversely affecting the Plaintiff's health.

The Plaintiff claims that she repeatedly reported the discriminatory, hostile, and harassing conduct to Kohlman, Foster, Abelman, and Thomas. According to the Plaintiff, Kohlman, Foster, Abelman, and Thomas offered excuses for Sweeney's conduct. The Plaintiff claims that although she begged Augat to transfer her to another position, even offering to take a $3,000 annual pay cut to be transferred, Augat refused such requests.

The Plaintiff alleges that in November 1994 Augat finally investigated the Plaintiff's complaints, interviewed other employees, and acknowledged that the complaints were valid. Nonetheless, the Plaintiff claims that Augat took no effective action to remedy her complaints. Instead, the Plaintiff alleges that Kohlman, Foster, Abelman, and Thomas encouraged the continuation of the hostile and discriminatory environment.

In particular, the Plaintiff claims that in November and December 1994, Augat forced her to travel with Sweeney to Detroit on business. During that time, the Plaintiff alleges that Sweeney told her that he was "so desperate for sex, he would even have it with a black woman." According to the Plaintiff, after those trips, Thomas and Foster told the Plaintiff that she could not sue Augat. The Plaintiff claims that in February 1995 Kohlman told the Plaintiff that the only reason Abelman ever spoke to her was that he believed that the Plaintiff had a potential legal action.

Although Augat investigated Sweeney's alleged misconduct, according to the Plaintiff, his misconduct continued. The Plaintiff claims that on February 27, 1995 Sweeney told the Plaintiff that "I will write your damn ass up." According to the Plaintiff, Sweeney did not do so because he had no reason to discipline her. The Plaintiff also claims that on March 17, 1995 Sweeney told the Plaintiff, "You forgot to put [the purchase order] on [the load sheet] you bozo."

C. Post-Filing of EEOC Charge

On March 30, 1995, the Plaintiff filed a charge of sex and/or race discrimination and retaliation with the EEOC. According to the Plaintiff, after she filed the EEOC charge, the discrimination and retaliation continued and even escalated. The Plaintiff alleges that on one occasion Kohlman summoned her to his office where he harassed her. The Plaintiff claims that because of certain mechanical parts were unavailable for shipment, Kohlman told her, "I am going to bust your God damn ass. I am going to give you something to go tell Ken Thomas and Jack Foster because I am going to bust your ass and you are going to have something to tell them because I am going to bust your God damn ass." The Plaintiff asserts that she was not at fault for this botched shipment and that Kohlman knew this. At the meeting when the Plaintiff told Kohlman that she was not responsible for the botched shipment, the Plaintiff claims that Kohlman responded, "I don't want to hear none of that God damn shit out of you. I don't want to hear no shit about whose fault it was. I'm just going to bust your ass, I'm giving you fair warning right now, your ass is busted." As a result of that conversation, the Plaintiff alleges that she became emotionally distraught.

On May 8, 1995, the Plaintiff claims that Sweeney, against the Plaintiff's wishes, entered her vehicle as she was driving away from work. According to the Plaintiff, Sweeney began to curse and harangue the Plaintiff because she filed an EEOC charge. At this time, the Plaintiff alleges that Sweeney placed his hand on the Plaintiff in a rude and angry manner, and, as a result, the Plaintiff's leg was scratched and she was physically bruised. The Plaintiff reported this incident to Thomas and he viewed the scratches. Letters were written to Augat regarding this incident, with copies mailed to the EEOC.

The Plaintiff claims that, as a result of her opposition to such treatment and her EEOC charge, the retaliation against her escalated. In mid- to late-May 1995, the Plaintiff was transferred to a position in the manufacturing plant. According to the Plaintiff, the plant was noisy and dusty, making the environment less desirable to work in compared to the customer service department. Furthermore, the Plaintiff claims that she was stripped of most duties at...

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