Taylor v. Renfro Corp.

• Decision Date: 24 February 2000
• Docket Number: No. CV 99-PT-1636-M.,CV 99-PT-1636-M.
• Citation: 84 F.Supp.2d 1248
• Parties: Regina TAYLOR Plaintiff, v. RENFRO CORPORATION Defendant.
• Court: U.S. District Court — Northern District of Alabama

Page 1248

84 F.Supp.2d 1248

Regina TAYLOR Plaintiff, v. RENFRO CORPORATION Defendant.

No. CV 99-PT-1636-M.

United States District Court, N.D. Alabama, Middle Division.

February 24, 2000.

Hycall Brooks, III, Charles Brooks, The Brooks Firm PC, Birmingham, AL, for plaintiff.

Chris Mitchell, David T. Wiley, Constangy Brooks & Smith, Birmingham, AL, for defendant.

MEMORANDUM OPINION

PROPST, Senior District Judge.

This cause comes to be heard on defendant Renfro Corporation's ("defendant" or "Renfro") motion for summary judgment filed January 3, 2000. In her complaint, plaintiff Regina Taylor ("plaintiff" or "Taylor") asserts that Refro violated Title VII of the Civil Rights Act by terminating her employment in retaliation for her complaints of sexual harassment.¹

BACKGROUND

There are inconsistencies in the facts as reported by numerous witnesses between deposition testimony, affidavits, personal declarations, and EEOC documents. Because this case is presently before the court on a motion for summary judgment, it will review the facts in the light most favorable to the non-moving party. Any discrepancies between facts will be noted, bearing in mind that it is not this court's job to evaluate the credibility of witnesses. Unless otherwise noted, the facts come from plaintiffs deposition testimony.

Dekalb Knitting, a division of Fruit of the Loom ("Dekalb"), hired Taylor as a turn-sew operator in the knitting department of its sock mill in September of 1994.² Renfro purchased Dekalb around November, 1996. Taylor was paid a base rate plus a production incentive rate per dozen pair of socks sewed. She also, on occasion, worked as a creeler, stringing the yarn for the knitting machines in the plant. She worked on the third shift, from 11 p.m. until 7 a.m., approximately five days a week. She also worked overtime when she could, for a total of 60-70 hours per week. Renfro terminated Taylor, on February 21, 1997, for the stated reason of her recounting socks.

Taylor's first supervisor at Dekalb was Harold Bell. Harold Bell's supervisor was Steve Todd. The plant manager was Mike Brown. Billy Barber replaced Brown as the plant manager sometime around the time the plant changed hands from Dekalb to Renfro. Tony Bennet later replaced Barber as the plant manager under Renfro. There are two main departments within Renfro: the knitting department and the finishing department. The knitting manager was Steve Todd. The first shift, 7 a.m. to approximately 4 p.m., knitting supervisor was Jerral Ingle. The third shift knitting supervisor, Taylor's supervisor, was David Richardson. Richardson was promoted to this position sometime in 1995. The third shift finishing supervisor was Don Crocker. Brett Sams was the personnel manager at Renfro for the entire duration of Taylor's employment.

Taylor asserts that Richardson made inappropriate comments to her and other female employees off and on for the entire time she worked at the plant with him as her supervisor. It is partly because of this alleged ongoing harassment that she apparently has a difficult time remembering exactly when each event occurred.

Sometime around October or November of 1995, while the plant was still owned and operated by Dekalb, Taylor complained to Brown in Bennett's company, prior to Bennett becoming plant manager, during a casual plant function, that since Richardson had been promoted to third shift supervisor, he had been making "suggestive remarks." Taylor did not state any specific remarks to Brown. However, she testified in her deposition that these "suggestive remarks" included the following incident. The fall of some year, probably 1995, Taylor was talking to Ruby Glasgow,³ another employee, about how her husband hunts deer and how it tastes good if it is cooked correctly. Richardson allegedly approached Taylor from behind and said, "You can eat my dear meat anytime," and then walked away. Brown informed Taylor that Todd would eliminate the problem.

Taylor also complained to Billy Barber about Richardson sometime around February of 1996. On this occasion, her car keys and some prescription pills had been removed from her purse while at work.⁴ She complained first to Richardson, and then to Barber. Taylor felt that Richardson had something to do with it and was doing it just to annoy or harass her. Taylor's husband, Steve, came to the plant that morning to bring her another set of keys. While at the plant, though in the parking lot, Steve spoke with Todd and Barber about Richardson's harassment of his wife. At this time, Taylor related the following event involving Richardson to Barber and Todd. One Halloween, probably in 1995, Ruby Glasgow wore a cat outfit and Richardson made suggestive remarks about it to Glasgow. Glasgow told this story to Taylor after the fact, but Taylor did not witness it herself.⁵ Taylor remembers Barber reacting defensively to the accusations made of Richardson, but agreeing to look into it.

Taylor recalls one night when she was creeling, she was cleaning the pipes that the socks travel through. In order to clean the pipes, she wrapped a grease rag around the pipe with her hand and rubbed it up and down to get all the lint off which accumulates over time. Richardson allegedly approached her from behind and said that it looked like she could do a good hand job.⁶ Taylor does not remember when this comment was made, and does not recall reporting it to anyone at her work. Another night around June of 1996, when Taylor was creeling, she was on a chair stringing yarn through a machine above her head. Richardson allegedly made a comment about how she looked good stretched out that way.

Sometime between late fall or winter of 1996-1997, Taylor wore a pair of pants to work which were made out of parachute material. When Taylor walked in them, they made quite a bit of noise. Richardson allegedly approached her and told her that she was swishing sweetly in those pants. Around that same time, Richardson allegedly pulled Felecia Phillips', a female employee's, t-shirt off her shoulder in an attempt to get her attention, exposing her bra strap. Taylor did not actually witness the event, but Phillips told her about it. According to Taylor, Phillips was quite embarrassed about this event and cried, but wouldn't report the incident for fear of losing her job. According to Phillips, she felt embarrassed but did not cry, and did not consider it to be harassment.⁷

In October, 1996, Taylor was working during the first shift as a creeler. She allegedly had been in the shift supervisors' office with Richardson and Jerral Ingle present. Taylor went to look for a pencil in Ingle's desk, and Richardson allegedly asked her what she was doing in "Mr. Ingle's drawers" and to "stop playing in Ingle's drawers."⁸

Taylor spoke with Bennett in his office in late 1996, around October. Taylor told Bennett that inappropriate comments were being made by Richardson to herself and other female employees on the floor during the third shift. Taylor stated that several of the women were afraid to come forward with their complaints for fear of reprisal. It is not clear what was reported. According to Taylor's deposition testimony, she either related the above referenced events relating to the parachute pants and the t-shirt incident, or she related the Ingle's drawers incident.⁹ Bennett responded that he would have Todd handle the situation.¹⁰ Todd did speak with Richardson and Ingle, and after getting their side of the story, advised them to be careful about the wording of their remarks to other employees.

Just before Christmas of 1996, a number of the women decided to get dressed up for the plant's holiday function. Taylor wore a conservative red skirt suit. Richardson allegedly told her that she could go from "cheap to chic" and look good either way, or looked good enough to eat. Taylor did not report this incident. Around January of 1997 (presumably, although the year is unclear), while Taylor was creeling, Richardson approached her from behind and brushed up against her with his pelvis. Taylor turned around to face him and said, "Look, David, I'm a short, fat, ugly, married woman, why don't you just leave me the hell alone." Richardson then turned around and walked away.

More generally, Richardson testified to the following in his deposition, taken November 11, 1999:

Q: And do you compliment your employees?

A: Yes.

Q: Do you compliment their looks?

A: There is occasion I have said that to people to try and encourage them.

Q: Do you compliment the looks of female employees?

A: I have said it before.

Taylor was terminated on February 21, 1997. During her shift, Taylor had worked on the machine she usually used. After approximately 3 hours, Richardson moved her onto a different machine. Richardson asserts that he ordered the move because Renfro needed more of the shorter socks for an upcoming order, and also to leave some longer socks for the next shift to work on. Taylor asserts that Richardson ordered her to work on a different machine because he knew that she was unaccustomed to the other machine and that she would make a mistake for which he could fire her. Taylor testified in her deposition that the machine for the shorter socks was quicker than what she was accustomed to, and that she inadvertently sent socks which she had inspected through a tube which recounted them. On the machine which she was accustomed to, the same action would not result in the socks being recounted.

Sometime during the shift on the date of Taylor's termination, two other turn-sew operators, Donna Frasier and Janis Ward, saw Taylor re-feed socks through her machine, causing them to be recounted.¹¹ Frasier and Ward watched this for a few minutes to be sure of what they saw.¹² They both went to Richardson's office and reported Taylor's actions to him, knowing that recounting socks was falsifying production and was against company policy.¹³ Richardson told them...