Stacks v. Southwestern Bell Yellow Pages, Inc.

• Decision Date: 24 June 1994
• Docket Number: No. 92-1407,92-1407
• Citation: 27 F.3d 1316
• Parties: 65 Fair Empl.Prac.Cas. (BNA) 341 Barbara STACKS, Appellant, v. SOUTHWESTERN BELL YELLOW PAGES, INC., Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 1316

27 F.3d 1316

65 Fair Empl.Prac.Cas. (BNA) 341

Barbara STACKS, Appellant, v. SOUTHWESTERN BELL YELLOW PAGES, INC., Appellee.

No. 92-1407.

United States Court of Appeals Eighth Circuit.

Submitted Oct. 24, 1993.

Decided June 24, 1994.

Appeal from the United States District Court for the Eastern District of Arkansas. Hon. Stephen M. Reasoner, U.S.D.C., Judge.

Loral Ashton Adcock, Little Rock, AR, argued, for appellant.

Michael S. Moore, Little Rock, AR, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

HENLEY, Senior Circuit Judge.

Barbara Stacks appeals from a judgment entered in the district court in favor of Southwestern Bell Yellow Pages, Inc. ("Yellow Pages") on her claims that she had been harassed and discharged on account of her sex in violation of Title VII, 42 U.S.C. Sec. 2000e-2(a)(1). We reverse and remand.

This appeal follows our remand in Stacks v. Southwestern Bell Yellow Pages, Inc., 996 F.2d 200 (8th Cir.1993) (per curiam), for further findings concerning Stacks' discharge claim. In our previous opinion we did not set forth in detail the facts giving rise to Stacks' claims. We do so now.

Yellow Pages hired Stacks in January 1982 as a sales representative responsible for selling classified advertisements in the telephone directory. Representatives perform their jobs in different cities during a sales campaign called a "canvass." From 1984, Stacks ranked as one of the top revenue producers for Yellow Pages in Arkansas. She received awards and letters of commendation. For example, in January 1986, Dick Brown, the divisional sales manager, wrote Stacks that her "extra effort on the 1986 Little Rock sales canvass has added new meaning to extraordinary" and that her "extra effort and teamwork ... produced ... monthly revenue we could not have produced any other way." Brown further wrote that he was "especially proud of [Stacks] as a Professional Salesman." (Emphasis in original.) Stacks' 1986 evaluation stated that she "recognized customer needs and opportunities" and handled complaints "within the proper time frame."

Beginning in 1986 and continuing until her termination in December 1987, Stacks' immediate supervisor was Virgil Hudson. At trial Hudson admitted that he had stated "women in sales were the worst thing that had happened to this company," but claimed he had made the statement only once and in jest. However, several other Yellow Page employees testified that Hudson had made a similar remark to them. Garner Mitchell, Stacks' supervisor from 1983 until 1985, testified that Hudson told him "the business had gone downhill since the company had started hiring women and blacks" and that Brown had been present when Hudson made the statement. Marilyn Parrish, who worked at Yellow Pages from 1977 until 1984, testified that Hudson often asked her why her husband did not support her and why she was working. Pam Gage, who had worked at Yellow Pages in 1987, testified that Hudson told her that "there isn't a woman alive that can make it with Yellow Pages."

The events which led to Stacks' termination apparently began in the spring of 1987, during the Hot Springs canvass. Hudson became concerned that Stacks had "lost control" of her job. He testified that he had to talk to Stacks "continuously," and when he instructed her to do the job his way she would burst into tears and run to the "powder room." After one such incident, Stacks told Hudson that the job was "too much stress and strain" and wrote him a note stating that she "quit." After talking to Brown, Hudson tore up the note and persuaded Stacks to stay on the job.

The Little Rock canvass followed the Hot Springs canvass and was the biggest and most important canvass in Arkansas. During the Little Rock canvass, Hudson again became concerned with Stacks' performance. He felt that she was falling behind in her accounts and was not getting out of the office early enough. After reviewing Stacks' telephone messages, Hudson also became concerned that Stacks was not returning telephone calls promptly. Hudson consulted with Brown, who decided to suspend Stacks because he "could not tolerate the level of phone calls not being returned here, the lack of sensitivity, or the insensitive approach to customers." Brown believed a suspension was appropriate because he wanted to get Stacks' "attention." Brown instructed Hudson to contact Stacks' customers and ask them to put any complaints in writing, which several did.

Stacks was notified on Tuesday, September 29, 1987, that she would be suspended for five days beginning Monday, October 5. The last day of the Little Rock canvass was Friday, October 2, and Hudson was still concerned that Stacks would not complete her assignment. On Wednesday, September 30, Hudson met with Stacks to review her outstanding accounts. Stacks testified that she told Hudson that she was concerned that she would not be able to finish her accounts and asked him if she could split them with Don Rhodes, another sales representative. Although Hudson first testified that Stacks had assured him that she could finish her assignments, he later testified that after talking to her he told Rhodes that Stacks was "in trouble here" and needed "help." Hudson testified that he told both Rhodes and Stacks that they could not split accounts, but could "ride" together, if they identified the particular accounts and Rhodes' supervisor approved. A company rule permitted sales representatives to call on accounts together if their supervisors approved. According to Hudson, Rhodes told him that riding together would not get the job done and the only way to do so would be to split accounts. Hudson told Rhodes he would talk to Brown. Hudson testified that Brown would not let Rhodes and Stacks split accounts, but had no objection to Rhodes riding with Stacks on "one or two specified calls."

Hudson then talked to Stacks and told her "it won't work. You have to do your own work.... It's your responsibility. Handle your major accounts." Hudson claimed he never gave his permission for Stacks to ride with Rhodes on any accounts, but later learned she had done so. Hudson also testified that he instructed Stacks to return to his office at 4:00 p.m. on September 30, but that she failed to return.

On Friday, October 2, Stacks called in sick. Hudson telephoned Stacks at home and went to her apartment, but was unable to reach her. Later that morning, Hudson learned that Stacks was actually at a customer's office. He telephoned the customer and spoke with Stacks. He requested her accounts, but Stacks told him they were at her apartment and she would bring them in on Monday, October 5. At the end of the day on Friday, Rhodes delivered several of Stacks' accounts to Hudson. On Monday, Rhodes brought in the remaining accounts. Hudson claimed that many of the accounts were turned in incomplete, but acknowledged that following the close of a canvass a "rework" team finalized accounts.

On Monday, October 12, Stacks returned from her five-day suspension and attended a grievance proceeding concerning the suspension. Brown and Hudson claimed that Stacks did not offer any explanation and did not accept responsibility for her behavior. Following that meeting, Stacks was suspended indefinitely and was terminated on December 2, 1987.

Stacks then filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) and eventually filed this lawsuit alleging, among other things, that Yellow Pages had harassed her by creating a hostile work environment and terminated her on account of her sex in violation of Title VII.

In support of both claims, Stacks attempted to show that Hudson treated her differently than he treated white male sales representatives. Stacks testified that Hudson "humiliated, degraded, and raked her over the coals" in front of her co-workers. She could not understand why Hudson treated her like a "dog" despite her excellent sales results, when he treated males with lesser results better. Because of Hudson's abusive manner, Stacks stated she felt "worthless" and believed she could do nothing right. Dwight Harshaw, a black representative, also testified that Hudson treated him harshly. Stacks and Harshaw complained to Brown about Hudson's behavior and requested a transfer from his team, but Brown refused. Stacks testified that she "quit" during the Hot Springs canvass because quitting was the only way she knew to make the harassment stop. She also testified that in 1986 she had been hospitalized because of depression and in August 1987 she joined a support group for victims of sexual harassment in the work place.

Stacks also claimed that Yellow Pages disciplined her differently than it did male co-workers. She testified that she knew of no male employee who had been suspended because of failing to return telephone calls or customer complaints. Hudson admitted that there were male representatives who had more complaints than Stacks, but were not disciplined. As to her last week of work, Stacks testified that she met with Hudson on the afternoon of September 30 and that he told her she could ride with Rhodes on her accounts.

Leta Anthony, the union vice president who was present for Stacks' grievance proceeding, also testified that she knew of no other employee who had been suspended or terminated because of failing to return telephone calls or complaints. In preparation for the grievance proceeding and for trial, Anthony had reviewed phone messages of male representatives and in number or substance "did not see any margin of error that made [Stacks] stand out." For example, Stacks had six telephone complaints for the month of August, but David Savage had nine complaints and Garner Mitchell, who was a supervisor at the time, had eight. In addition, she noted that a number of male representatives had telephone messages indicating that numerous calls had not...