Thomas v. Westinghouse Savannah River Co.

• Decision Date: 25 August 1997
• Docket Number: No. CIV.A. 1-95-3240-6BD.,CIV.A. 1-95-3240-6BD.
• Citation: 21 F.Supp.2d 551
• Parties: Margie THOMAS, Plaintiff, v. WESTINGHOUSE SAVANNAH RIVER COMPANY, Defendant.
• Court: U.S. District Court — District of South Carolina

21 F.Supp.2d 551

Margie THOMAS, Plaintiff, v. WESTINGHOUSE SAVANNAH RIVER COMPANY, Defendant.

No. CIV.A. 1-95-3240-6BD.

United States District Court, D. South Carolina, Aiken Division.

August 25, 1997.

William Gary White, III, Columbia, SC, for Margie J. Thomas, plaintiff.

Margie J. Thomas, Springfield, SC, pro se.

Gardner G. Courson, Glass McCullough Sherill and Harrold LLP, Atlanta, GA, Laura H. Walter, McGuire Woods Battle and Boothe, LLP, Atlanta, GA, Joy Scherffius Goodwin, Young and Goodwin, PA, Columbia, SC, for Westinghouse, Westinghouse Savannah River Company Inc., defendant.

ORDER

SIMONS, Senior District Judge.

This action, alleging race discrimination and retaliation in violation of Title VII of the 1964 Civil Rights Act as well as pendent state law causes of action, comes before the court with the Report and Recommendation of the United States Magistrate Judge. Based upon his detailed review of the record, the Magistrate Judge recommended that defendant's Motion for Summary Judgment be granted with respect to plaintiff's Title VII and Section 1981 race discrimination and retaliation claims. He further recommended that plaintiff's remaining state law causes of action be dismissed, without prejudice.

Plaintiff has submitted Objections to the Magistrate Judge's Report and Recommendation. The court has reviewed plaintiffs Objections de novo, but it concludes that they are without merit. On consideration of the matter, the court hereby adopts the Magistrate Judge's Report and Recommendation, which is made a part of this Order by specific reference. For the reasons set out therein, defendant's Motion for Summary Judgment is hereby granted with respect to plaintiff's Title VII and Section 1981 race discrimination and retaliation claims. Plaintiff's remaining state law causes of action are hereby dismissed without prejudice, so that she may pursue such state law claims in state court.

AND IT IS SO ORDERED.

REPORT AND RECOMMENDATION

MARCHANT, United States Magistrate Judge.

This action has been filed by the Plaintiff alleging race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended, and 42 U.S.C. § 1981. Plaintiff also asserts several pendent state law causes of action.

The Defendant has filed a motion for summary judgment as to all claims with a supporting brief and exhibits. Plaintiff has filed a brief in opposition, to which the Defendant filed a reply memorandum. As both sides have extensively briefed the issues in this case, in particular with regard to the federal causes of action, and have submitted numerous exhibits and transcripts both in support of and opposition to the motion for summary judgment, a separate motions hearing was not required. See Local Rule 7.08. Defendant's motion is now before the Court for disposition.¹

Background

Plaintiff, an African-American female, is employed by the Defendant Westinghouse Savannah River Co. ("WSRC" or "Defendant"). At the time relevant to the allegations set forth herein, the Defendant managed and operated the Savannah River Site for the United States Department of Energy. Part of the Defendant's management responsibility was to ensure safe maintenance of the tritium stockpile as well as waste management and other cleanup and restoration efforts. Davis Affidavit, ¶ 3.

Plaintiff was employed as a 2F Control Room Operator. Plaintiff's Deposition, p. 49. A Control Room Operator is responsible for monitoring the equipment used to condense contaminated waste materials and the equipment used to transfer contaminated waste material. The Control Room Operator must monitor the equipment in their area (in this case the 2F Control Room), primarily the "evaporator",² to assure that it is maintained within safe operating or shutdown limits at all times. Davis Affidavit, ¶¶ 4-5. Because of these important responsibilities, the position of Control Room Operator is considered an important and sensitive position. Davis Affidavit, ¶ 6.

It is undisputed that the Plaintiff was on shift as the 2F Control Room Operator from 7:00 p.m. on August 21, 1994 to 7:00 a.m. on August 22, 1994. Plaintiff's Deposition, p. 49. It is also undisputed that during her shift, Plaintiff recorded five (5) incorrect data readings on the evaporator log sheet at different times throughout the night. Id. at p. 77; Exhibits 1-3; Davis Affidavit, ¶ 8. When confronted by management concerning these errors, Plaintiff could not explain her recordings, only acknowledging that she made a "mistake" and that she may have "just lost it." Plaintiff's Deposition, pp. 58, 77-78, 84; Mobley Deposition, pp. 36-37.³ Plaintiff also does not contest that she deserved some form of discipline for her actions. Plaintiff's Deposition, p. 173.

An investigation of this incident was conducted by Garry Davis, the Facility Manager. Davis concluded that Plaintiff had revealed a lack of understanding of the evaporator system, or had in fact falsified the documentation and her readings. Davis Affidavit, ¶ 10. Davis considered Plaintiff's neglect of her Control Room Operator duties to be a serious matter, and that discipline was warranted. He consulted with the Human Resources Staff concerning what disciplinary action would be appropriate. Davis Affidavit, ¶ 12; Carpenter Affidavit, ¶ 5. As a disciplinary action, it was determined that Plaintiff would be placed on Final Employee Commitment (FEC)⁴ and given eighty (80) hours off without pay as well as a reassignment from operator duties in order to allow for requalification. However, Plaintiff was not demoted, and has in fact since this incident been increased, along with her co-workers, from level 18 pay status to level 20 pay status. Davis Affidavit, ¶¶ 12-13. Further, as a result of Plaintiff's complaints about the discipline, the disciplinary action imposed was itself subsequently changed to probation and forty (40) hours off without pay. Davis Affidavit, ¶ 13.

Plaintiff filed a charge of discrimination with the South Carolina Human Affairs Commission (SCHAC) and the Equal Employment Opportunity Commission (EEOC) alleging race discrimination and retaliation as a result of her discipline. Plaintiff's Deposition, Exhibit 9. Both SCHAC and the EEOC issued "no cause" determinations. Plaintiff then filed this lawsuit in United States District Court.

Discussion

As noted, the Defendant has moved for summary judgment. Summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Rule 56(c), Fed.R.Civ.P.; Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party has the burden of proving that judgment on the pleadings is appropriate. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Charbonnages de France v. Smith, 597 F.2d 406, 414 (4th Cir.1979). Once the moving party makes this showing, however, the opposing party must respond to the motion with "specific facts showing there is a genuine issue for trial." Rule 56(e), Fed.R.Civ.P.; Celotex v. Catrett, supra. The opposing party may not rest on the mere assertions contained in the pleadings.

A) Race Discrimination Claim.⁵ Plaintiff's claim of race discrimination is for disparate

treatment (i.e. intentional discrimination), based on her allegation that she was discriminated against because of her race. Disparate treatment cases under Title VII require proof of intentional discrimination, either by direct evidence or by the structured procedures set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See also Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981).

The United States Supreme Court articulated a three-part analysis for analyzing Title VII cases in McDonnell Douglas. First, the Plaintiff must establish a prima facie case of discrimination.⁶ Once a prima facie case has been established, a rebuttable presumption is created that the employer unlawfully discriminated against the Plaintiff. Second, once this presumption has been established, the burden of production shifts to the employer to show a legitimate, non-discriminatory reason for its actions. Third, if the employer shows a legitimate, non-discriminatory reason for its actions, the burden is then on the Plaintiff to come forward with evidence that the employer's asserted reasons for its actions are a mere pretext for its true discriminatory motives, and that the actions of the employer were really based on the Plaintiff's race. McDonnell Douglas Corp., 411 U.S. at 802-805, 93 S.Ct. 1817; Texas Dep't of Community Affairs, 450 U.S. at 252-256, 101 S.Ct. 1089; Conkwright v. Westinghouse Elec. Corp., 933 F.2d 231, 234-235 (4th Cir.1991). Despite these shifting burdens of production, the Plaintiff retains the ultimate burden of persuasion on the issue of discrimination throughout. Texas Dep't of Community Affairs, 450 U.S. at 252-253, 101 S.Ct. 1089; see also St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 2747, 125 L.Ed.2d 407 (1993).

As noted, in order to satisfy the first prong of the McDonnell Douglas three-part analysis, the Plaintiff must first establish a prima facie case for discrimination. In order to establish a prima facie case for her claim, the Plaintiff must establish the following: 1) that she is a member of a protected class; 2) that the prohibited conduct in which she engaged was comparable in seriousness to misconduct of employees outside the protected class; and 3) that the disciplinary measures enforced against her were more severe than those enforced against those other employees. Cook v. CSX Transportation Corp., 988 F.2d 507, 511 (4th Cir.1993)....