Sellars v. CRST Expedited, Inc.

• Decision Date: 15 July 2019
• Docket Number: No. C15-117-LTS,C15-117-LTS
• Citation: 385 F.Supp.3d 803
• Parties: Cathy SELLARS, on behalf of herself and all others similarly situated, et al., Plaintiffs, v. CRST EXPEDITED, INC., Defendant.
• Court: U.S. District Court — Northern District of Iowa

385 F.Supp.3d 803

Cathy SELLARS, on behalf of herself and all others similarly situated, et al., Plaintiffs,

v.CRST EXPEDITED, INC., Defendant.

No. C15-117-LTS

United States District Court, N.D. Iowa, Cedar Rapids Division.

Signed July 15, 2019

Thomas Andrew Newkirk, Newkirk Zwagerman PLC, Des Moines, IA, Giselle Schuetz, Pro Hac Vice, Rebecca Houlding, Pro Hac Vice, Law Offices of Joshua Friedman, PC, Joshua N. Friedman, Pro Hac Vice, Shilpa Narayan, Pro Hac Vice, Friedman & Houlding LLP, Mamaroneck, NY, for Plaintiffs.

Kevin J. Visser, Nicholas Petersen, Simmons Perrine Moyer Bergman PLC, Cedar Rapids, IA, James T. Malysiak, Pro Hac Vice, John H. Mathias, Jr., Pro Hac Vice, Jenner & Block LLP, Chicago, IL, Jessica Ring Amunson, Pro Hac Vice, Jenner & Block LLP, Washington, DC, for Defendant.

MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

Leonard T. Strand, Chief Judge

TABLE OF CONTENTS

I. INTRODUCTION ...806

II. BACKGROUND ...806

III. SUMMARY JUDGMENT STANDARDS ...807

IV. RELEVANT FACTS ...808

A. CRST's Business Model ...808

B. Driver Pay ...809

C. CRST's Policies Regarding Sexual Harassment and Retaliation ...810

D. Plaintiffs' Commencement of Employment with CRST ...815

E. Plaintiffs' Allegations Against Other Drivers ...816

F. Plaintiffs' Separation from CRST ...825

V. ANALYSIS ...826

A. Plaintiffs' Hostile Work Environment Claims ...826

B. Plaintiffs' Retaliation Claims ...837

C. Plaintiffs' Constructive Discharge Claims ...838

VI. CONCLUSION ...840

I. INTRODUCTION

This case is before me on a motion (Doc. No. 216) for summary judgment on plaintiffs' individual claims filed by defendant CRST Expedited, Inc. (CRST). Plaintiffs have filed a response (Doc. No. 239) and CRST has filed a reply (Doc. No. 246). I find that oral argument is unnecessary. See Local Rule 7(c).

II. BACKGROUND

On March 30, 2017, I entered an order certifying a hostile work environment class and a retaliation class in this case. See Doc. No. 85. Pursuant to Federal Rule of Civil Procedure 23(c)(4)(A), I also certified the following issues with respect to each class pursuant to Federal Rule of Civil Procedure 23(c)(4)(a) :

a. As to the Hostile Work Environment Class, whether CRST has any of the following policies, patterns or practices that create or contribute to a hostile work environment:

(1) failing to find their complaints were corroborated without an eyewitness or admission,

(2) failing to discipline drivers after complaints were corroborated and

(3) failure to discipline [driver managers] for failing to promptly respond to sexual harassment complaints and

b. As to the Retaliation Class:

(1) Whether CRST has a policy, pattern or practice of retaliating against women complaining of sexual harassment by requiring them to exit the truck except when they are a lead driver or owner-operator.

Id. at 55. I noted that pursuant to Rule 23(c)(1)(C), the order could be altered or amended before final judgment. Id. at 56.

CRST subsequently moved for summary judgment on the retaliation claim and decertification of the hostile work environment class. See Doc. Nos. 171, 172. I granted both motions on January 15, 2019. See Doc. No. 204. I denied plaintiffs' motion to amend the decertification order; motion to stay, or alternatively amend, the trial scheduling order; and motion to certify final judgment upon the class retaliation claims for appeal. See Doc. No. 233. As such, only plaintiffs' individual claims of hostile work environment, retaliation and constructive discharge under Title VII remain. Those claims are now the subject of CRST's motion for summary judgment.¹ See Doc. No. 2.

III. SUMMARY JUDGMENT STANDARDS

Any party may move for summary judgment regarding all or any part of the claims asserted in a case. Fed. R. Civ. P. 56(a). Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law." Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

A material fact is one that " ‘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, 91 L.Ed.2d 202 (1986). Thus, "the substantive law will identify which facts are material." Id. Facts that are "critical" under the substantive law are material, while facts that are "irrelevant or unnecessary" are not. Id.

An issue of material fact is genuine if it has a real basis in the record, Hartnagel v. Norman , 953 F.2d 394, 395 (8th Cir. 1992) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) ), or when " ‘a reasonable jury could return a verdict for the nonmoving party’ on the question." Woods v. DaimlerChrysler Corp. , 409 F.3d 984, 990 (8th Cir. 2005) (quoting Anderson , 477 U.S. at 248, 106 S.Ct. 2505 ). Evidence that only provides "some metaphysical doubt as to the material facts," Matsushita , 475 U.S. at 586, 106 S.Ct. 1348, or evidence that is "merely colorable" or "not significantly probative," Anderson , 477 U.S. at 249-50, 106 S.Ct. 2505, does not make an issue of material fact genuine.

As such, a genuine issue of material fact requires "sufficient evidence supporting the claimed factual dispute" so as to "require a jury or judge to resolve the parties' differing versions of the truth at trial." Anderson , 477 U.S. at 248-49, 106 S.Ct. 2505. The party moving for entry of summary judgment bears "the initial responsibility of informing the court of the basis for its motion and identifying those portions of the record which show a lack of a genuine issue." Hartnagel , 953 F.2d at 395 (citing Celotex , 477 U.S. at 323, 106 S.Ct. 2548 ). Once the moving party has met this burden, the nonmoving party must go beyond the pleadings and by depositions, affidavits, or otherwise, designate specific facts showing that there is a genuine issue for trial. Mosley v. City of Northwoods , 415 F.3d 908, 910 (8th Cir. 2005). The nonmovant must show an alleged issue of fact is genuine and material as it relates to the substantive law. If a party fails to make a sufficient showing of an essential element of a claim or defense with respect to which that party has the burden of proof, then the opposing party is entitled to judgment as a matter of law. Celotex , 477 U.S. at 322, 106 S.Ct. 2548.

In determining if a genuine issue of material fact is present, I must view the evidence in the light most favorable to the nonmoving party.

Matsushita , 475 U.S. at 587-88, 106 S.Ct. 1348. Further, I must give the nonmoving party the benefit of all reasonable inferences that can be drawn from the facts. Id. However, "because we view the facts in the light most favorable to the nonmoving party, we do not weigh the evidence or attempt to determine the credibility of the witnesses." Kammueller v. Loomis, Fargo & Co. , 383 F.3d 779, 784 (8th Cir. 2004). Instead, "the court's function is to determine whether a dispute about a material fact is genuine." Quick v. Donaldson Co., Inc. , 90 F.3d 1372, 1376-77 (8th Cir. 1996).

IV. RELEVANT FACTS

The following facts are undisputed unless otherwise noted:

A. CRST's Business Model

CRST is a leading long-haul freight transportation company with more than 3,000 drivers at any one time. See Doc. No. 239-1 at 1. It operates by teaming two drivers per truck so that one driver may rest while the other is driving, thus allowing the truck to continue moving without violating Department of Transportation daily limitations. Id. at 2. Each truck contains a small sleeper berth area behind the front seats containing bunk beds. Doc. No. 247-1 at 2.

CRST has four terminals, which are located in Cedar Rapids, Iowa; Riverside, California; Oklahoma City, Oklahoma and Carlisle, Pennsylvania. Id. Drivers are subject to the same policies whether on the road or at the terminal. Id. When drivers join CRST, they are trained by "lead drivers," or "leads," for a designated period of time. Doc. No. 239-1 at 2. Lead drivers are nominated by operations personnel and reviewed by the safety department for placement into a certification class. Doc. No. 247-1 at 11. Lead drivers must pass a lead driver training class. Id. Plaintiffs note there are approximately 25 female lead drivers out of over 500 leads at any given time, but CRST denies this based on lack of factual support.²

Student drivers are not permitted to operate a truck alone without completing over-the-road training with a lead driver. Doc. No. 239-1 at 2. Leads and students are paired up by a student coordinator and a lead driver can request to work with a particular student. Doc. No. 247-1 at 13. The lead driver recommends to the driver manager whether the student should be upgraded to co-driver status. Lead drivers generally work with the same driver manager throughout the lead's training of successive students and no one other than the lead's driver manager is responsible for checking in with students during their over-the-road training. Id. Student drivers are road tested and separately evaluated by a safety department trainer before being upgraded to a co-driver. Doc. No. 239-1 at 3.

Once designated as a co-driver, the driver may team up with another driver of his or her choosing. Id. Plaintiffs note that this choice is limited to a list of currently available drivers. Thus, for example, if a female driver wishes to pair up with another female driver and one is not currently available, she will be unpaid during the time that she waits. Id. To find a co-driver, CRST may provide a list of potential co-drivers, whom the individual may call to see if the driver is available. Doc. No. 247-1 at 16. Available co-drivers are also posted on bulletin boards at CRST terminals and on CRST's Facebook page. Id. CRST also hosts "meet and greet" sessions at its terminals to encourage drivers to interact and...