Vance v. Southern Bell Tel. and Tel. Co.

• Decision Date: 11 August 1987
• Docket Number: No. 86-227-Civ-J-16.,86-227-Civ-J-16.
• Citation: 672 F. Supp. 1408
• Parties: Mary Ann VANCE, Plaintiff, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Defendant.
• Court: U.S. District Court — Middle District of Florida

672 F. Supp. 1408

Mary Ann VANCE, Plaintiff, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Defendant.

No. 86-227-Civ-J-16.

United States District Court, M.D. Florida, Jacksonville Division.

August 11, 1987.

Scott Fortune, Jacksonville, Fla., for plaintiff.

Guy O. Farmer, II, Smith & Hulsey, Jacksonville, Fla., and Daniel J. Thompson, Jr., Atlanta, Ga., for defendant.

ORDER

JOHN H. MOORE, II, District Judge.

This cause is before the Court upon the Defendant's, SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY (Southern Bell), motions for judgment not-withstanding the verdict and for a new trial or to alter or amend the judgment.

Plaintiff, a black woman, commenced this action on March 27, 1986, pursuant to 42 U.S.C. §§ 1981, 1985(3) and 1986, alleging that Southern Bell and numerous other named individuals discriminated against her because of her race and sex. Prior to the jury trial on April 6, 1987, the Plaintiff announced that she would not seek to hold the individual defendants liable. At the end of her case Plaintiff moved to dismiss the counts alleging violations under 42 U.S. C. §§ 1985(3) and 1986. The jury trial proceeded against the Defendant, SOUTHERN BELL, solely on the basis of 42 U.S. C. § 1981. On April 13, 1987, the jury returned its verdict in favor of the Plaintiff and established Plaintiff's damages for past lost wages, future lost wages, mental distress, emotional harm or humiliation, past medical expenses and punitive damages. The Court entered judgment on April 14, 1987, and the Defendant timely filed its motion which is here under consideration.

Considering all of the evidence and reasonable inferences therefrom in the light most favorable to the Plaintiff, as this Court must do, the Court finds that Defendant's motion for judgment notwithstanding the verdict should be granted.

Findings of Fact

The Plaintiff commenced work for the Defendant approximately in March, 1972. Although the Plaintiff had some attendance problems, she generally had a good record and was considered an acceptable employee of Southern Bell. She had worked in various capacities and at various locations; however, until 1984 she had not worked at the facility where she contends the discrimination occurred. The Plaintiff bid for a job at the Defendant's Western Way facility as a material services coordinator. While such a move was a step up in salary, it was considered a step down in job classification.

Prior to her bid being accepted and her being transferred to the Western Way facility, the Plaintiff never experienced any racial discrimination with Southern Bell, whose work force is made up of approximately 25% minority members. On August 13, 1984, the Plaintiff commenced work at the Western Way facility in the CONECS department under the supervision of Paul Wagner, a first-level supervisor.

One week after she commenced work in the CONECS department, Plaintiff alleges that when she reported to work she found a "noose" hanging from the light fixture above her work bench. In her opinion, this was an act of racial discrimination. At the time of this alleged incident, there were several "imports" working at the Western Way facility. An "import" is an individual who is temporarily assigned at the facility, having come from another of Southern Bell's facilities. The Plaintiff testified that Mr. Oliver, a white co-worker, told one of the "imports" to take the "noose" down. However, contrary to her testimony, one of the witnesses she called, a Mr. Ball, testified that he took the "noose" down on the first occasion. Mr. Ball also was a co-worker. Two days later, approximately August 22, 1984, Plaintiff reported for work and again found the "noose" hanging from the light fixture. This time, she testified, she took the "noose" down and buried it in some trash. Neither she nor anyone else has seen the "noose" since then. She did not report either of these two incidents to anyone.

There is no evidence as to who allegedly hung the noose. At a grievance hearing conducted pursuant to the collective bargaining agreement on January 9, 1985, approximately 4½ months after the alleged noose incidents, the Plaintiff first mentioned the noose to management. At that hearing, Mr. Albert Sellars, the manager of the Western Way warehouse, stated that "Paul probably did it to increase productivity." This statement undisputably referred to Mr. Paul Wagner. Mr. Wagner testified that he made a similar device for the purpose of de-sheathing cable; however, that device was ultimately replaced by a more sophisticated arrangement involving a winch. It is obvious that the remark regarding an increase in productivity related to the fact that Mr. Wagner had made the device; not that he hung it over the Plaintiff's workbench.

On September 9, 1984, the Plaintiff received her first transfer and was transferred from the CONECS to the Repair and Returns department under the supervision of Walter Stembridge, another first-level supervisor. During her tenure under Mr. Stembridge, Plaintiff contends that she did not receive adequate training. No evidence was presented to show that anyone else received any more or less training than she did. In fact, evidence was presented that on two occasions outside trainers were called in to train the entire section, including Plaintiff, that Mr. Stembridge personally trained her on at least one occasion, and that Plaintiff was trained by Mr. Williams who was one of the most experienced people in the group.

On September 18, 1984, while Plaintiff was still working in the Repairs and Returns department, Mr. Tommy Lee Sampson, a black manager of Employment and Selections from Southern Bell's main office, contacted the Plaintiff about an allegation that she falsely omitted information about a traffic violation on a transfer application. The Plaintiff was suspended by Mr. Sampson for two days without pay as a result of this omission. Ultimately, Mr. Sampson reduced the disciplinary record to a warning entry, but refused to authorize reimbursement for the two days pay. The Plaintiff alleges that several black employees were disciplined in a similar manner, but that a white employee, Mr. Clyde Oliver, was not treated similarly. Mr. Oliver received a written warning for failing to report a conviction for stealing gasoline when he was 16 years of age. In determining the discipline to be imposed in each instance, Mr. Sampson explained that he took into consideration various matters such as prior infractions, when the subject infraction occurred, and the age of the individuals involved. At the time he was disciplined, Mr. Oliver was in his late 30's and purportedly had an otherwise clean record. At the time the Plaintiff was disciplined, the violation that she falsely omitted from her application was about three years old, and her record at Southern Bell contained other past disciplinary problems.

A grievance hearing concerning the discipline imposed was conducted on October 16, 1984. Both Mr. Sampson and Plaintiff testified at trial that Plaintiff became upset and cried during this meeting. At the conclusion of the hearing, she returned to work in the Repairs and Returns area, whereupon an "altercation" ensued between Plaintiff and Ms. Joyce Foskey Blackwood. Their supervisor, Mr. Stembridge, immediately suspended both women without pay. Ms. Blackwood grieved her suspension, and after investigating the altercation, the company rescinded the suspension and paid Ms. Blackwood her wages. Plaintiff also grieved her suspension, but the company did not grant her grievance.

Plaintiff alleges that this unequal treatment was racially motivated. The evidence, however, was that independent investigations were conducted by Defendant's security department, by the union, and by the supervisor. All three investigations resulted in a finding that Plaintiff struck Ms. Blackwood, and that Ms. Blackwood did not strike Plaintiff. Moreover, Plaintiff testified that she did, in fact, hit Ms. Blackwood.

On November 15, 1984, Plaintiff suffered an "anxiety attack" while at work. Plaintiff alleges that she, or another person, asked Mr. Stembridge to take her to Baptist Hospital, but that Mr. Stembridge instead took her to Memorial Hospital as an act of intentional racial discrimination. The evidence was inconclusive as to whether Mr. Stembridge heard Plaintiff ask to be taken to Baptist Hospital or whether he knew why Plaintiff wanted to go there. Plaintiff and her doctor, Dr. Alexander Rosin, testified that the doctor was to meet her at Baptist, and that Plaintiff had told him of the racial discrimination she had been suffering. About a week before the "anxiety attack," Dr. Rosin sent a letter "To Whom It May Concern" at Southern Bell, stating that Plaintiff told him she was experiencing "undue pressure and harassment on her job," and that "her statements sounded quite legitimate" to him. Again, the evidence was inconclusive as to whether Mr. Stembridge ever received this letter, or whether Mr. Stembridge knew Dr. Rosin would be at Baptist Hospital.

As a result of Plaintiff's "anxiety attack," she remained out on sick leave, with full pay, from November 15, 1984 until January 10, 1985. On January 9, 1985, Plaintiff and Defendant attended the grievance hearing concerning the discipline Plaintiff received after the altercation with Ms. Blackwood. The union initially requested that Plaintiff be disciplined in the same fashion as Ms. Blackwood. Defendant would not agree to this because the investigations indicated Plaintiff struck Ms. Blackwood. Defendant, however, tried to negotiate a settlement. One offer by Defendant was that Plaintiff's suspension would be reduced to ½ day if Plaintiff would drop her Jacksonville EEOC (JEOC) complaint against Defendant. Plaintiff refused the offer and her discipline remained as initially given.

Plaintiff claims that this attempt to settle her grievance is racial discrimination because the JEOC...