Robinson v. Healthworks Intern., L.L.C.

• Citation: 837 So.2d 714
• Decision Date: 29 January 2003
• Docket Number: No. 36,802-CA.,36,802-CA.
• Parties: Regina ROBINSON, Plaintiff-Appellee, v. HEALTHWORKS INTERNATIONAL, L.L.C., Defendant-Appellant.
• Court: Court of Appeal of Louisiana (US)

837 So.2d 714

Regina ROBINSON, Plaintiff-Appellee, v. HEALTHWORKS INTERNATIONAL, L.L.C., Defendant-Appellant.

No. 36,802-CA.

Court of Appeal of Louisiana, Second Circuit.

January 29, 2003.

Rehearing Denied Feb. 27, 2003.

Appeal from the Fifth Judicial District Court, Parish of Franklin, No. 35,102B, Glynn D. Roberts, J.

COPYRIGHT MATERIAL OMITTED

Stephen G. Dean, Rayville, James A. Rountree, for Appellant.

Courtman Employment Law Firm by: Matthew Maxwell Courtman, Robert Allen Lee, Monroe, for Appellee.

Before CARAWAY, PEATROSS and DREW, JJ.

CARAWAY, J.

Plaintiff left her former business and accepted employment with the defendant. After eight months, plaintiff quit her employment, claiming that she had been discriminated against on the basis of religion. She brought this suit for discrimination claims and for detrimental reliance concerning her change in employment. A jury awarded her judgment on both claims. For the following reasons, we affirm the judgment pertaining to employment discrimination, but reverse the judgment on plaintiff's detrimental reliance claim.

Facts

Healthworks International, L.L.C. ("Healthworks") employed plaintiff, Regina Robinson, from July of 1999 to March of 2000. Prior to her employment at Healthworks, Robinson and her current husband, Mike Johnson, owned and operated a business which made plastic display cases and repaired plastic tanks for farmers. They repaired approximately four tanks per week and sold approximately 200 plastic displays per week to Healthworks.

In March of 1998, Sam Noble and Ivan Hawthorne, the owners of Healthworks, approached Robinson and Johnson and asked them to work for the company. Healthworks wanted to produce the plastic displays in-house. Robinson and Johnson agreed to begin working there. At that time, Robinson and Johnson lived in West Carroll Parish and Healthworks' plant was located in Winnsboro. Robinson was employed as a "bending and assembly supervisor," which included the task of bending plastic used in the manufacturing process. Robinson's starting wages were $7.50 per hour, and she claims that Health-works offered to pay her $10 per hour after she was employed for six months.

Robinson is a Baptist. The other employees of Healthworks, including management, are Apostolic. Robinson stated that Mark Batterton, the operations manager, told her that women had to wear skirts to work. Prayer meetings were conducted every morning and Robinson was expected to attend those meetings.

She was also expected to attend the same church that the other employees and management attended, the Apostolic Tabernacle. At her first visit to the Tabernacle, she wore a dress with short sleeves. She also wore make-up and lipstick. Robinson testified that at that service the preacher pointed at her and called her a "Jezebel." During her second visit to the church with Johnson, the preacher commented that people with facial hair were evil. Johnson was the only person there with a beard.

According to Robinson, other employees ridiculed her about her religion. Don Batterton, a company supervisor, informed her that, according to the Bible, men were superior to women and that God would forgive her for being Baptist. Robinson testified that Batterton also played loud "preaching" tapes at the work site. The tapes were so loud that Robinson could not concentrate. On one occasion when Robinson's daughter was sick, Batterton instructed her to not take her daughter to the doctor and to let God heal her.

Robinson also testified that management and other employees also chanted and screamed, "We shall fear no evil." Employees looked at her and told her that there was an evil spirit in the factory and that they were going to cast out the evil spirit. On her last day of employment, one employee, Gloria Jackson, said, "God told me that someone was going to quit."

Procedural History and Jury Verdict

Robinson's petition urged various claims against Healthworks. She asserted an action for detrimental reliance, claiming that she had relied on Healthworks' promise to raise her salary to $10 per hour after her first six months of employment. After six months, she did not receive the raise. She further alleged that Healthworks' employment promises had caused her to abandon her plastics business in West Carroll Parish, and such business could not be reestablished. Robinson also alleged claims for unlawful discrimination based on religion and gender.

Robinson requested a jury trial. In the jury charge, the trial court instructed the jury on two claims, detrimental reliance and religious discrimination. For the religious discrimination claim, the court specifically outlined the law pertaining to a hostile work environment and constructive discharge of an employee.

The jury found that Healthworks unlawfully discriminated against Robinson on the basis of her religion and awarded her $40,000 on that count. The jury awarded Robinson $31,200 in damages on the detrimental reliance claim. Additionally, pursuant to the employment discrimination statute, the trial court awarded Robinson attorney fees in the amount of $16,000.

The first five jury interrogatories were included under the subheading "Detrimental Reliance." The next six interrogatories were included under the subheading "Religious Discrimination." The jury answered "yes" to all of the jury interrogatories, which provided as follows:

1. Did Healthworks promise plaintiff $10 an hour after six months and a share of the profits of Healthworks?

2. Was the promise made in such a manner that Healthworks knew or should have known that Mrs. Johnson would rely on the promise?

3. Did Mrs. Johnson change her position because of Healthworks' promise?

4. Was Mrs. Johnson's reliance on the promise reasonable?

5. Did Mrs. Johnson's reasonable reliance on the promise cause her damages?

6. Was Mrs. Johnson subjected to harassment?

7. Was the harassment motivated by discrimination against plaintiffs religion?

8. Did the harassment affect a term, condition, or privilege of employment?

9. Did Healthworks know, or should it have known, of the harassment, and if so, did it fail to take proper remedial action?

10. Was Mrs. Johnson subjected to such intolerable working conditions that she was forced to resign?

11. Were the intolerable working conditions the result of religious discrimination?

Answering the last two interrogatories, the jury fixed damages as follows:

12. If the answer to question five is "yes," state the amount of damages. $31,200.00

13. If the answer to question 11 is "yes," state the amount of damages. $40,000.

Healthworks appeals, raising the following assignments of error:

1. The trial court erred in finding that Robinson was constructively discharged;

2. The trial court erred in allowing Patrick and Christy Acton to testify as rebuttal witnesses; and

3. The trial court erred in awarding damages for both detrimental reliance and constructive discharge.

Robinson answered the appeal seeking additional attorney fees.

Discussion

Louisiana's anti-discrimination statute provides, in pertinent part, as follows:

It shall be unlawful discrimination in employment for an employer to engage in any of the following practices:

(1) Intentionally fail or refuse to hire or to discharge any individual, or otherwise to intentionally discriminate against any individual with respect to his compensation, or his terms, conditions, or privileges of employment, because of the individual's race, color, religion, sex, or national origin.

(2) Intentionally limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his status as an employee, because of the individual's race, color, religion, sex, or national origin.

La. R.S. 23:332(A). This statute mirrors federal law, 42 U.S.C.A. § 2000e, et seq., and because of its similarity, Louisiana courts routinely look to federal jurisprudence for guidance. Spears v. Rountree Oldsmobile—Cadillac Co., 26,810 (La. App.2d Cir.4/5/95), 653 So.2d 182; Plummer v. Marriott Corporation, 94-2025 (La. App. 4th Cir.4/26/95), 654 So.2d 843.

The United States Supreme Court has discussed the "exercise of religion" in an employment setting as follows:

But the "exercise of religion" often involves not only belief and profession but the performance of (or abstention from) physical acts: assembling with others for a worship service, participating in sacramental use of bread and wine, proselytizing, abstaining from certain foods or certain modes of transportation.

Employment Div., Dep't of Human Resources v. Smith, 494 U.S. 872, 877, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990). In order to prevail in a hostile work environment claim, a plaintiff must assert and prove that: (1) she belongs to a protected group; (2) she was subjected to harassment; (3) the harassment was motivated by discriminatory animus (religion); (4) the harassment affected a term, condition, or privilege of employment; and (5) the employer knew or should have known of the harassment and failed to take proper remedial action. Hicks v. Central Louisiana Elec. Co., Inc., 97-1232 (La.App. 1st Cir.5/15/98), 712 So.2d 656, 658-659, citing Cortes v. Maxus Exploration Co., 977 F.2d 195 (5th Cir.1992).

In an employment discrimination case, a plaintiff may be awarded damages for emotional distress because he or she was subjected to a hostile work environment, economic damages for being discharged, and punitive damages. See, Hanley v. Doctors Hospital of Shreveport, 35,527 (La.App.2d Cir.6/6/02), 821 So.2d 508. To recover damages for emotional distress, a plaintiff must prove actual damages, which may be manifested by anxiety, stress, depression or humiliation. Hanley, supra, citing Carey v. Piphus, 435 U.S. 247, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978). To recover damages for constructive discharge, a plaintiff must...