Smith v. Outdoor Network Distribution LLC

• Decision Date: 26 August 2022
• Docket Number: 1:20-CV-62 (LAG)
• Parties: LATOYA SMITH, Plaintiff, v. OUTDOOR NETWORK DISTRIBUTION, LLC, et al., Defendants.
• Court: U.S. District Court — Middle District of Georgia

LATOYA SMITH, Plaintiff, v. OUTDOOR NETWORK DISTRIBUTION, LLC, et al., Defendants.

No. 1:20-CV-62 (LAG)

United States District Court, M.D. Georgia, Albany Division

August 26, 2022

ORDER

LESLIE A. GARDNER, JUDGE UNITED STATES DISTRICT COURT

Before the Court is Defendants' Motion for Summary Judgment (Doc. 20). For the reasons stated below, Defendants' Motion is GRANTED in part and DENIED in part.

FACTUAL BACKGROUND

This case is based on allegations of discriminatory and retaliatory employment actions under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. and 42 U.S.C. § 1981.^[1] Defendants Outdoor Network Distribution, LLC (Outdoor Network) and Outdoor Network Call Center, LLC (ONCC) are a “family owned and operated network of marine and powersports dealerships and parts distribution centers.” (Doc. 20-2 ¶ 1; Doc. 24-1 ¶ 1; Doc. 20-3 ¶ 2). ONCC, located in Albany Georgia, handles Outdoor Network's customer relations. (Doc. 20-2 ¶ 1; Doc. 24-1 ¶ 1; Doc. 20-3 ¶ 2). Plaintiff Latoya Smith, who is African American, began working for ONCC on May 10, 2013, and worked as a customer service representative until she was terminated on October 17, 2018. (Doc. 1-1 at 2).

Customer service representatives at ONCC work in an area that is the size of a large conference room and divided by partitions into stations. (Doc. 20-4 at 18:16-19:1; Doc. 24-5 at 43:22-44:5, 45:17-20). About 80% of ONCC's employees are Caucasian and 20% are African American. (Doc. 20-4 at 22:10-11). Customer service representatives report to the Call Center Supervisor, who then reports the Call Center Manager. (Doc. 24-5 at 34:11-36:11). Bill Saunders (Caucasian), ONCC's former Director of Retail Operations interviewed and hired Plaintiff to work the morning shift at ONCC. (Doc. 20-2 ¶ 2; Doc. 24-1 ¶ 2; Doc. 20-4 at 16:13-23). Plaintiff first reported to Chris Powell (Caucasian), a call center manager, who she described as a good supervisor who treated her fairly. (Doc. 20-2 ¶ 3; Doc. 24-1 ¶ 3; Doc. 20-4 at 17:9-20). Plaintiff later reported to Tim Batten (African American), a call center supervisor, who she described similarly. (Doc. 20-2 ¶ 4; Doc. 24-1 ¶ 4; Doc. 20-4 at 17:21-18:15). Plaintiff also interacted with employees of Polo Logistics, a separate but related entity, including Mr. Saunders and his wife Yancis Saunders (Latino)-a call center supervisor-and Patrick McNealy (Caucasian)-a human resources manager. (Doc. 20-4 at 23:7-10, 24:16-18; Doc. 20-7 ¶ 2; Doc. 24-5 at 13:8-20 31:13-32:6, 34:1-19). Powell, Batten, and the Saunders were based in Albany, but McNealy was based in Florida. (Doc. 20-4 at 59:10-14; Doc. 24-6 at 47:16-23).

When Plaintiff was hired, she received a copy of ONCC's anti-harassment and communications policies. (Doc. 20-2 ¶¶ 5, 9; Doc. 24-1 ¶¶ 5, 9). ONCC's “Anti-harassment and Complaint Policy” prohibits “unwelcome conduct that is based on race, color religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” (Doc 20-4 at 63). ONCC's anti-harassment policy directs “[individuals who believe they have been victims of conduct prohibited by th[e] policy . . . or who believe they have witnessed such conduct” to “discuss their concerns with their immediate supervisor, Human Resources[,] or any member of management.” (Id.). The anti-harassment policy lists several examples of prohibited conduct, including “[u]sing profane, abusive[,] or threatening language,” and it provides that “[violation of any rule of the company may result in discipline, up to and including discharge.” (Id. at 64).

ONCC's “Electronic Communications” policy details the rules pertaining to use of, among other things, ONCC's Spark messaging system. (Id. at 65). Spark is an internal chat/messaging system that ONCC uses for employee business-related communication. (Doc. 20-2 ¶ 7; Doc. 24-1 ¶ 7; Doc. 20-5 ¶ 3). ONCC's communication policy limits the use of Spark to business-related purposes and “strictly prohibits” using Defendants' electronic equipment to send “any information that could be considered obscene, offensive or harassing[,] and any material that could violate [Defendants'] harassment policy or that could create a hostile or intimidating work environment.” (Doc. 20-4 at 65; Doc. 20-2 ¶ 9; Doc. 24-1 ¶ 9). The communications policy also advises employees that Defendants “may review and disclose any . . . computer files found on [its] equipment.” (Doc. 20-4 at 65).

Plaintiff and Batten recalled several instances of racially hostile comments made at ONCC prior to Plaintiff's termination, including:^[2]

• AJ Handley (Caucasian) discussing the shooting of an African American man by a Caucasian police officer and commenting, “they killed another one of those stupid mother-f*****s again,” and “Black Lives Matter protest[e]rs are people who deserve to get shot.” (Doc. 20-4 at 67:11-66:6; Doc. 24-5 at 109:25-110:1).

• Frequent comments about then-President Trump, African Americans, and how African Americans were causing the police shootings. (Doc. 20-4 at 64:3-12).

• “[R]eally bad and hostile” comments about the riot in Charlottesville. (Id. at 66:11-13).

• Frequent comments that President Obama was “stupid.” (Id. at 68:2).

• Roger Zimmerman (Caucasian) making comments “every day” including: “he didn't like dealing with [B]lack people at all,” derogatory comments about the Black Lives Matters supporters, “they needed to hurry up and build [the wall at the Mexico border],” and he would “be happy when Trump becomes president so that everybody can go back to slavery.” (Id. at 87:21-88:13; Doc. 24-6 at 146:14-16).

• Batten recalled John Richards (Caucasian) commenting that “we should check into BET so he can see some more n*****s shake their a***s” and saying that “he only eats at restaurants were [B]lack people are in the kitchen belonging [sic].” (Doc. 24-6 at 71:17-23).

Plaintiff testified that these comments made her “shocked and afraid.” (Doc. 20-4 at 88:16-18).

On or around September 23, 2016, Plaintiff, Batten, and another employee made separate, written complaints about Handley's comments to McNealy and Powell. (Doc. 20-2 ¶ 31; Doc. 24-1 ¶ 31; Doc. 20-4 at 66:7-25; Doc. 24-5 at 109:16-110:9; Doc. 24-6 at 65:1-22; 148:9-10, 148:24-149:25). Plaintiff did not make any complaints about these racial comments to anyone else in Human Resources. (Doc. 20-2 ¶ 34; Doc. 20-4 at 66:7-25, 75:11-14, 76:10-20). During that time, ONCC had a progressive discipline policy,^[3] where employees were first given verbal counseling, followed by a performance improvement plan and ultimately termination. (Doc. 24-5 at 128:21-129:12). The policy also permitted Defendants to “skip a step and move directly to termination.” (Id. at 131:17-22). Handley was given verbal counseling in response to the complaints. (Id. at 111:19-112:4, 113:25-114:4). On April 17, 2017, Handley was again given verbal counselling by Powell when he referred to someone as a “b***h.” (Id. at 120:3-121:18). Eventually, Handley was moved to another position, but no further disciplinary action was taken. (Doc. 20-2 ¶ 31; Doc. 24-1 ¶ 31; Doc. 20-4 at 66:18-67:9). Defendants' 30(b)(6) witness, Doris Santos-Williams, testified that during this time, only Handley was disciplined and that no other employees were terminated. (Doc. 24-5 at 255:2-22).

From July 18, 2018, through September 4, 2018, Plaintiff was on maternity leave. (Doc. 20-2 ¶ 36; Doc. 24-1 ¶ 36). On August 18, 2018, Powell left ONCC to work at Polo Logistics. (Doc. 24-5 at 32:3-24, 107:24-108:1). Jay Lissimore (African American) was hired to replace Powell as the Call Center Manager around “[e]ither September or August” of 2018 but left within a month due to personal reasons. (Id. at 49:15-50:8). During Lissimore's tenure, Plaintiff recalled coworkers making racially charged comments about Lissimore “[e]very day all day.” (Doc. 20-4 at 80:8-82:12). Examples of the comments include:

• Comments from Caucasian coworkers that “[t]hey were not going to work for a [B]lack supervisor.” (Id. at 64:18-20).

• A speakerphone conversation between Roger Grove (Caucasian) and his wife in which after Grove's wife asked if Lissimore was Black his wife responded “Oh, God.” (Id. at 64:24-65:4).

• Comments from Garlene Davidson (Caucasian), who made it “very clear that she did not want to work for [Lissimore]” and retired as a result. (Id. at 73:24-74:4).

• Comments from Crystal Edwards and other Caucasian employees that “it would be better if a white guy took over.” (Id. at 81:3-4; Doc. 24-1 ¶ 42).

Plaintiff testified that in September 2018 she reported a racially hostile workplace to Batten pursuant to Defendants' anti-harassment policy. (Doc. 24-1 ¶ 34; Doc. 20-4 at 70:7-16; Doc. 24-6 at 168:13-169:9). Shortly after, Batten agreed to escalate Plaintiff's concerns to McNealy and sent McNealy an email, which he also shared with Plaintiff. (Doc. 24-1 ¶ 34; Doc. 20-4 at 72:1-73:11; Doc. 24-6 at 168:15-169:23). Batten's email stated:

I am writing this letter with extreme discomfort but I feel it needs to be said. I have been employed by Outdoor Network for almost six years and I have enjoyed it for most of it. You saw my potential and provide [sic] me the chance to learn from you and the team in ways that I could not envision for myself. However, these last few months and more importantly these last few weeks have been extremely unbearable and I have developed a strong unpleasant feeling for work.

Ever since Jay [Lissimore] was named as the replacement for call center manager, the vibe of the call center has made a drastic change. Most of the conversations are very negative about Jay and the overall environment of the call center. I know it's very easy to throw the “race card”, I truly feel a

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