Vital v. Varco
| Decision Date | 30 September 2014 |
| Docket Number | CIVIL ACTION NO. H-12-1357 |
| Parties | JUNIOUS VITAL, et al., Plaintiffs, v. NATIONAL OILWELL VARCO, et al., Defendants. |
| Court | U.S. District Court — Southern District of Texas |
The plaintiffs in this employment-discrimination lawsuit are Junious Vital, Damon Darby, Herbert Heard, Billy Rose, Jerome Johnson, Edward Jiles, DaWarren Bellard1, and David Lane. All are African-American past or present employees of the defendant, National Oilwell Varco, L.P. ("NOV"). The plaintiffs assert claims under Title VII; 42 U.S.C § 1981; and the Texas Commission on Human Rights Act, Texas Labor Code § 21.051 (TCHRA). This court previously dismissed some of the plaintiffs' claims without prejudice and with leave to amend, and the plaintiffs filed an amended complaint. (Docket Entries Nos. 57, 60). NOV then moved to strike some claims and to dismiss others. (Docket Entry No. 63). While that motion was pending, NOV moved for summary judgment. (Docket Entry No. 78). The court denied the motion to strike and dismiss, explaining that the issues they raised would be addressed together with the motion for summary judgment. (Docket Entry No. 85).
Based on the pleadings, the motions and responses, the parties' submissions, the record, and the relevant law, this court grants in part and denies in part NOV's motion for summary judgment and, to the extent some claims are challenged only in the motion to dismiss or strike, grants that motion in part and denies it in part. The remaining claims are:
Vital
Discrimination based on:
- Failure to provide educational benefits
- Working out of class
Hostile work environment
Darby
Hostile work environment
Lane
Discrimination based on:
- Termination
- Failure to provide educational benefits
Hostile work environment
Heard
Discrimination based on:
- Failure to provide educational benefits
Hostile work environment
Rose
Hostile work environment
Discrimination based on:
- Constructive discharge
Hostile work environment
Retaliation based on:
- Wrongful discipline
Jiles
Discrimination based on:
- Suspension
Hostile work environment
Bellard
Discrimination based on:
- Suspension
Hostile work environment
A status conference is set for October 28, 2014, at 5:00 p.m. The reasons for the rulings are explained in detail below.
NOV is an oilfield services company with multiple divisions. The plaintiffs worked in NOV's Downhole Tools (DHT) or Mission Valve Products (Mission Valve) divisions, both located at NOV's West Gulf Bank Road facility in Houston, Texas. (Docket Entry No. 78-1 at 2). DHT and Mission Valve have separate corporate structures and human resources departments, but apply the same antiharassment policy. (Beverly Affidavit at 1). The plaintiffs allege that they experienced discrimination, retaliation, and harassment because they are African-American. The plaintiffs claim that they frequently heard racial slurs and epithets from NOV coworkers and supervisors and saw racist graffiti in the workplace. (Docket Entry Nos. 60; 81). Each plaintiff's claims are summarized below.
Vital began working at DHT in May 2008 as a shop hand making $13.00 per hour. (Vital Depo. at 78). He testified that he was supposed to receive a $1.00 per hour raise after a 90-day probationary period. (Id.). Vital received a "merit increase" of $1.00 per hour in December 2008. (Beverly Affidavit at Ex. 3).
Vital claims that he was required to work 12 to 14 hours per day. (Docket Entry No. 60 at 2). He complained to his supervisor, Kenneth Fallar, that his long hours made him physically ill and that he was treated unfairly compared to his white coworkers. (Docket Entry No. 60 at 3). Vital alleges that Fallar threatened to write him up if he did not work the hours assigned. (Id.). Vital claims that his non-African-American coworkers worked fewer hours than he did and left him alone in the facility, in violation of NOV's policies. (Docket Entry No. 60 at 3).
Vital received informal training on NOV's machines from Dimas Martinez. Vital alleges that Martinez recommended him for promotion, but that Fallar and his manager, Jeff Barby, refused.(Id.). Vital also alleges that his managers rejected his requests for additional training. (Id. at 4). Vital claims that although he performed the job duties of a lead man, he was never given that title. Vital claims that he trained many non-African-American employees who were promoted when Vital was not. (Id.).
Vital testified that a coworker named Gustavo2 used the word "nigger" in Vital's presence. (Vital Depo. at 115). When Vital told Gustavo that he found the word offensive, Gustavo replied (Id. at 115). Vital reported the incident to Shawn Lemen,3 one of his supervisors. (Id. at 115-16). Vital does not know if Gustavo was disciplined. (Id. at 116).
Vital witnessed another African-American employee, Calvin Wright, crying after a coworker called him a "nigger." (Id. at 201).4 Wright is not a party to this suit. Vital did not witness the incident. (Id. at 21). Vital testified that the person who called Wright the name received a three-day suspension after Wright reported the incident to human resources. (Id. at 202).
Vital testified that he heard the words "nigger," "gorilla," and "coonass," directed at or referring to African-Americans, on a "day-to-day basis" at NOV. (Id.). His coworkers, including David Jasso, used the word daily; "acting manager" Simon Eduardo used the word "pretty often"; and his manager, Dave Evans, used the word at least once. (Id. at 202-08). Vital testified that hissupervisor, Lemen, witnessed at least one of these incidents, and Vital reported other incidents to Lemen. (Id. at 205-06).
Vital testified that on one occasion, his hand was stuck in a "basket grapple" machine. (Id. at 209). Jasso took a picture of Vital's hand and distributed it during a safety meeting, saying, "Your big-ass hands wouldn't have gotten stuck in that basket grapple if you wouldn't have had them big-ass nigger hands." (Id. at 209-10). Vital reported this incident to Evans but not to Human Resources. (Id. at 210). On another occasion, Jasso distributed copies of a photograph of Vital's head superimposed on a gorilla's body during a safety meeting, saying, "Look at Big Jue as an African monkey." (Id. at 188-89, Ex. 12). Some laughed and passed the photograph around. (Id. at 188-89). After the meeting, Vital complained to Evans, who was present. Evans responded, (Id.). Vital testified that when he told a human resources representative about his experiences, she responded, "Okay, Junious, just hang in there[,]" but she took no action. (Id. at 266).
Vital testified that "Dave Evans, Steven, Gustavo, Simon, Mike Beasley, . . . Shawn Lemen . . . George Fernando, [and] David Jasso" would whistle to get his attention instead of using his name or paging him over the intercom. (Id. at 215-16). Vital was offended by this behavior and felt it was "racially derogatory" because non-African-American coworkers were summoned by name. (Id.).
Vital received multiple write-ups for leaving work early. (Docket Entry No. 60 at 3). Vital was also disciplined six times for pulling the wrong parts, and once for using his phone when he was supposed to be working. (Vital Depo. at 58, 60-61, 64, 67, 122-24, 167-69, 175; Exs. 3-6, 10, 11; Docket Entry No. 60 at 5).
On April 7, 2011, Vital's mother became ill and he took a Family and Medical Leave Act leave of absence. (Id. at 229-31). Before taking his leave, Vital requested a transfer to the night shift, but his request was denied. (Vital Depo. at 233). On July 7, 2011, human resources representative Samantha Slack sent Vital a letter stating that his FMLA leave of absence had expired and giving Vital two weeks to return to work or lose his job. (Slack Depo. at Ex. 48). Vital did not return to work. (Vital Depo. at 261-62). Slack testified that even if Vital had returned in the two-week period, he would have been terminated for "repeated shipping errors that the customer reported since his leave." (Slack Depo. 251-52). On July 21, 2011, Vital was fired for not returning from his leave of absence. (Evans Depo. at Ex. 8).
NOV hired Darby in October 2009 as a Shipping/Receiving Materials Handler at $14.00 per hour. (Darby Depo. at Ex. 2). Darby reported to Lemen.
Darby received a written warning on January 17, 2011 for being "tardy on 8/2, 8/9, 10/13, 10/14 and 1/10." (Id. at Ex. 7). Darby did not sign the document. (Id. at 71). Darby was also disciplined because he lifted over 50 pounds, in violation of a safety rule. Darby believed that non-African-American employees, including "Carlos,"5 were not disciplined for violating the same rule. (Id. at 71-74). Darby requested a raise on three occasions, from Omar Barajas, Simon Guajardo, and a warehouse manager, toward the end of 2011, and was refused each time. (Id. at 205-08). Darby testified that Eric Ayalla and James Sanchez, who are not African-American, told him that they received raises during that time. (Id.). Darby had not received a raise when he left in March2012. (Id. at 207). After learning this, Darby complained to Barajas that he was being treated differently.
Darby also claims that he asked for a different position on multiple occasions. He specifically requested a job on the "Mission side," in the "cage," and in the assembly department. (Id. at 225-29; Docket Entry No. 60 at 3). Darby testified that two men who were not African-American were hired in the assembly department over him, and a Hispanic man named Isaac6 was given the job in the "cage." (Darby Depo. at 187-88, 225-27). Darby does not know if the job on the "Mission side" was filled. (Id. at 229).
Darby testified that he frequently...
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