Turic v. Holland Hospitality, Inc.

• Decision Date: 08 March 1994
• Docket Number: No. 1:93:CV:379.,1:93:CV:379.
• Citation: 849 F. Supp. 544
• Parties: Kimberly TURIC, Plaintiff, v. HOLLAND HOSPITALITY, INC., d/b/a Holiday Inn and Conference Center of Holland, Defendant.
• Court: U.S. District Court — Western District of Michigan

849 F. Supp. 544

Kimberly TURIC, Plaintiff, v. HOLLAND HOSPITALITY, INC., d/b/a Holiday Inn and Conference Center of Holland, Defendant.

No. 1:93:CV:379.

United States District Court, W.D. Michigan.

March 8, 1994.

COPYRIGHT MATERIAL OMITTED

William J. Heaphy, Vandeveer, Garzia, PC, Holland, MI, for plaintiff.

James W. Bouwens, Cunningham Dalman, PC, Holland, MI, Sheila Kinney, Patterson, Kinney & Ruga, Grand Rapids, MI, for defendant.

OPINION

ENSLEN, District Judge.

On February 14 and 15, 1994, this Court conducted a bench trial on plaintiff's wrongful termination claim. Plaintiff asserts pregnancy discrimination and religious discrimination claims.¹ Defendant argues that plaintiff was fired for poor job performance; specifically, the failure to keep complimentary coffee urns full. Pursuant to Fed.R.Civ.P. 52(e), the Court enters the following Findings of Fact and Conclusions of Law.

Findings of Fact

Plaintiff's Course of Employment

Defendant Holland Hospitality, Inc. owns a Holiday Inn hotel in Holland, Michigan. The hotel has 168 rooms, and between 170 to 180 employees. Plaintiff Kimberly Turic was hired as a busser at the Holiday Inn on August 5, 1991. On that date, plaintiff was a seventeen year old single mother of one. Later in her employment, plaintiff became part of defendant's room service staff. Plaintiff was terminated on October 2, 1992.

1. The Abortion Controversy

On or about September 24, 1992, plaintiff informed the restaurant manager, Karen Mouw, that she was pregnant. On September 24, 1992, Ms. Mouw called plaintiff at home and asked her for the name of the doctor who confirmed her pregnancy. The next day, Ms. Mouw called the doctor. Ms. Mouw has supervised many pregnant employees, and has never called the doctor of a pregnant woman before. An entry in Ms. Turic's file states:

Sept. 25th — Called doctor office to confirm pregnancy to see if any limitations for work. Was told she had not been to doctor since Jan 13 — She Kim said Dr. Tyler had confirmed pregnancy.

Plaintiff's Ex. 1.

At the time plaintiff told Ms. Mouw of her pregnancy, she had not yet decided whether to carry the pregnancy to term. It is undisputed that before September 25, 1992, two employees and both of plaintiff's supervisors knew this. Plaintiff told her friend and colleague in the restaurant, Andrea Johnson, of her quandary on September 23rd or 24th. In addition, a family friend and waitress named Amy Schippa, approached plaintiff on September 25th and informed her that plaintiff's mother had told Ms. Schippa about plaintiff's situation. Finally, at some point, plaintiff informed either Ms. Mouw, Lecia Hatley (the Dining Room Supervisor and Ms. Mouw's assistant), or both that she would not consider adoption, but she had not ruled out abortion.²

Though it is unclear how the rumors began, it is undisputed that the news of plaintiff's consideration of abortion spread like wildfire, until 10-15 members of the restaurant staff were openly discussing it. As defendant's Food and Beverage Director, and assistant to General Manager Herman, testified in deposition, "we have a very Christian staff in that restaurant that were very offended" by the discussions. Karas Dep. at 11-12. Ms. Mouw characterized the discussions as an "uproar." A waitress named Celia Kleinhexel approached Ms. Hatley and said that if the "talk" continued she would have to quit. Ms. Kleinhexel also reported that another waitress, Linda Adams, was so upset "she was seeing her pastor about it." Ms. Hatley confirmed with Ms. Adams that this was true.

Ms. Mouw and Ms. Hatley knew that a large number of staff members were discussing Ms. Turic's abortion decision. These supervisors felt that the gossip was disruptive to the work environment, and wanted it to stop. After consulting with Mr. Herman and Mr. Karas, Mr. Herman authorized them to discipline plaintiff. Mr. Herman was left with the impression that plaintiff was "instigating" turmoil in the kitchen, which he defined as being the subject matter of the talk. Mr. Karas believed that plaintiff was properly singled out because she was the subject matter of the discussions, and the staff was so upset it was "ready to walk out."

Ms. Mouw and Ms. Hatley chose to deal with the problem by meeting with plaintiff on September 25, 1992. At that meeting, they told plaintiff not to discuss her consideration of abortion at work, and warned her that if she did so she would be terminated. Plaintiff did not want the staff discussing her personal decision, and she did not want to lose her job, so she quickly agreed not to raise the topic at work. A written warning was entered in plaintiff's personnel file.

Ms. Mouw was aware that the controversy was among the staff, not between the staff and plaintiff. However, no other staff members were ever told not to discuss the issue of plaintiff's consideration of abortion, and none were disciplined for doing so.

2. Plaintiff's Job Responsibilities and Performance

It was undisputed that plaintiff had three significant job responsibilities. Her primary responsibility required her to be stationed in the kitchen. There she was to answer the telephone, take room service orders, and then deliver the food to the guests' rooms.

The next two tasks seem to have been of equal importance. Plaintiff was responsible for clearing used room service trays out of the halls. At one point in her employment this was accomplished by periodically walking the halls to check for trays. Later, a system was instituted to record what rooms had trays, so plaintiff could specifically check the hall by that room.

Finally, plaintiff was required to insure that urns of complimentary coffee in the front lobby did not become empty. The front lobby is located one floor directly above the kitchen.

When plaintiff was not busy with these tasks, she was to fold napkins with silverware, bus tables in the restaurant, and generally be available to help the restaurant staff.

It was undisputed that there were times, particularly in the mornings, when the complimentary coffee urns ran dry before plaintiff attended to them. However, the fact that her job required her to attend to her room service duties first, during the breakfast hours, helped to create a situation which made it more likely that this would happen.

The general manager of the Holiday Inn, Mark Herman, arrived at work at approximately 8:00 a.m. each day of the week of September 25, 1992. On three mornings that week, he found that the complimentary coffee urn was empty. On each of these three occasions Mr. Herman brought the urn to the kitchen, and saw plaintiff at her post. Each time, he told her she had run out of coffee, and she offered to take care of it.

The third occasion occurred the day plaintiff was fired, October 2, 1992. When plaintiff saw Mr. Herman with the urn that morning, she said something to the effect of, "I'll get that, I have a minute." Plaintiff testified that Mr. Herman simply looked at her and walked away with the urn. Mr. Herman testified that he said something to the effect of, "Don't worry, I've got it," in a sarcastic tone.

No witness claimed that plaintiff ever failed to fill the urns when she learned they were empty, or disobeyed a direct order to fill them.

3. The Termination

On October 2, 1992, plaintiff was summoned to a meeting with Ms. Mouw and Ms. Hatley, and Ms. Mouw informed her that it was "time to part ways." The parties agree that both job performance and abortion were discussed, but the order of events is in dispute. I find that this dispute is immaterial to the ultimate outcome.

Plaintiff asserts that Ms. Mouw stated that she was being fired because two people reported to Ms. Mouw that plaintiff continued to talk about her abortion decision, and that one waitress needed to see her pastor about it. After plaintiff became upset, they talked about performance, and Ms. Mouw stated that Mr. Herman was upset that he had found the complimentary coffee urn in the lobby empty that morning, and did not understand what plaintiff said to him when she saw him with the empty urn in the kitchen.

According to Ms. Mouw and Ms. Hatley's version of events, plaintiff was told at the beginning of the termination meeting that she was being fired because she failed to keep the complimentary coffee urns full. Plaintiff did not believe this, and said she thought she was being fired because of the abortion controversy. Ms. Mouw responded that although this was not the basis for the termination, she had reason to believe plaintiff had violated her direct order and continued to speak about her abortion decision at work.

All witnesses agree that the plaintiff left the meeting in tears and ran out to the parking lot. Ms. Mouw then told Mr. Karas and Mr. Herman what had happened.

At 2:00 that afternoon, she returned, and asked to speak to Mike Karas, Ms. Mouw's superior. Plaintiff met with Karas and Mouw, expressed her anger, and told them that she believed she was being fired for considering an abortion. They responded that it was a performance issue.

The Personnel File

With the exception of her termination date, plaintiff's personnel file contains no negative entries regarding her job performance.

Before September 25, 1992, there were two entries of note. First, on January 26, 1992, nine months before she was fired, plaintiff failed to follow the correct procedure for calling in sick. Plaintiff's Ex. 5. This infraction is summarized on a form titled "Written Warning Notice." Second, a form captioned "Personnel Action Form" documents that effective May 11, 1992, Ms. Turic received a raise. Four months before she was fired, Ms. Mouw, Mr. Karas, and the General Manager³, signed a statement which gives the following "explanation" for the raise:

One year of employment. Knows the responsibility of Bussing and Room Service very well. Always willing to help co workers in her department as well as others. Enjoys work very

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