Wright v. Catelent Pharma Sols.
| Decision Date | 17 March 2020 |
| Docket Number | Case No. 4:18-CV-00865-NKL |
| Court | U.S. District Court — Western District of Missouri |
| Parties | STUART C. WRIGHT, ET AL., Plaintiffs, v. CATELENT PHARMA SOLUTIONS, LLC & CATALENT CTS (KANSAS CITY) LLC, Defendants. |
Defendants Catalent Pharma Solutions, LLC & Catalent CTS (Kansas City) LLC (together, "Catalent" or "Defendants") move for summary judgment on all of the counts brought by plaintiffs Stuart Wright, Rayfield Hunt, Moses Ng'ang'a, Anthony Johnson, Arch Turner, and Stephen Wright. Docs. 17, 20. For the reasons discussed below, the motion for summary judgment is granted in part and denied in part.
Each of the plaintiffs was employed as a pharmaceutical technician in the production department in the Kansas City facility of Catalent, a provider of advanced delivery technologies and development solutions for drugs, biologics, and consumer health products.
Each of the plaintiffs, who are black males, alleges that he faced racial discrimination. In addition, some allege retaliation for reporting of racial discrimination or regulatory violations, and some assert claims for invasion of privacy.
Plaintiff Rayfield Hunt worked for Catalent from October 31, 2016 through August 5, 2019. Hunt was hired by Catalent as an Operations Supervisor, reporting to Operations Director Joe Dukich. However, Dukich subsequently purportedly concluded that Hunt lacked sufficient experience executing work and training people on unit operations, and Dukich therefore gave Hunt an ultimatum: he could remain in the Operations Supervisor role and eventually be terminated, or he could accept the position of Senior Technician. Hunt chose the latter option. However, his compensation remained the same. Hunt worked as a Senior Pharmaceutical Technician on the second shift from October 2017 until the end of his employment.
Between October 2016 and September 2017, Senior Pharmaceutical Technician Bob Bealmear interrupted Hunt, talked over him, refused to listen to him, pretended to throw his work phone in the trash, told people that Hunt stole lunches and water, called Hunt "lazy," described Hunt as not knowing "shit," and called Hunt and Ng'ang'a "boy." Supervisor Richard Makowski himself would call Hunt "boy."
In October 2017, Hunt complained to Makowski that Bealmear was harassing him. Makowski reported Hunt's concerns to his manager, Dukich, and then spoke with Bealmear about Hunt's concerns, coached him regarding workplace conduct, and reminded Bealmear that he and Hunt needed to work together. Still, Hunt's concerns continued, and he complained to Jason Luring regarding Bealmear's conduct, which appeared to Hunt to be racially motivated.
On October 13, 2017, Hunt complained to then Human Resources Manager Lauren Wolf about Bealmear's conduct, stating that it was "borderline or could be racial." Wolf purportedly investigated Plaintiff Hunt's concerns but concluded that Bealmear's alleged behavior was not harassing in nature, but rather, that he was merely a very difficult person to work with. When Hunt complained to Dukich that he was dissatisfied with Wolf's investigation, Dukich scheduledan appointment for Hunt to discuss his concerns with Human Resources Director Adam Allmon. On November 27, 2017, Hunt discussed his concerns with Allmon. In late 2017, Hunt also complained to supervisor Angel Reyes about Bealmear's snide remarks. Reyes recommended that Hunt and Bealmear work on different projects to minimize their interactions.
On June 6, 2018, Hunt filed a complaint through Catalent's My Safe Workplace system, alleging that supervisor Michael Turner and Makowski targeted him after he filed a Charge of Discrimination with the EEOC.
On June 13, 2018, Luring met with Hunt regarding his concerns. Mr. Luring assured Hunt that he would get to the bottom of the situation, gave Hunt his telephone number, and instructed Hunt to call him with any additional concerns.
Plaintiff Moses Ng'ang'a worked for Catalent and its predecessor from June 2007 through 2011 and again from January 28, 2014 through January 9, 2019. In 2015 or 2016, he transferred into a Pharmaceutical Technician position, and he remained in that position from September 2017 through the end of his employment.
Supervisor Makowski yelled at Ng'ang'a, scolded him, advanced at him like he wanted to fight him, lied about how Ng'ang'a set up equipment, would not greet him, and called him "boy." Senior Pharmaceutical Technician Bealmear threatened Ng'ang'a, yelled at him, and jumped at him like he was going to beat him up, told Ng'ang'a "that's not what your momma said last night" when Ng'ang'a asked Bealmear to get a bigger mop to clean the floor, told him "boy, don't let an old man whoop your ass because you're acting like a girl," put an empty tray of barbeque next to his desk, and would put Ng'ang'a's coffee cup in the refrigerator or other locations in the facility.
On October 24, 2017 and November 2, 2017, Ng'ang'a applied for a Senior Pharmaceutical Technician position on second shift. Ng'ang'a was subjected to onerous application requirements that at least one other applicant (a white applicant who, unlike Ng'ang'a, subsequently was promoted to a Senior Pharmaceutical Technician position) did not face: Operations managers Jody Snapp and Scott Collins required Ng'ang'a to write a six-page essay detailing why he should be promoted and a Standard Operating Procedure for a piece of equipment and to also come up with process improvements.
On November 29, 2017, Ng'ang'a interviewed for the Senior Pharmaceutical Technician position. The interview panel consisted of Martha Roe, Joshua Squire, and Makowski. Each panel member stated that Ng'ang'a did not demonstrate the competencies necessary for a Senior Pharmaceutical Technician position and performed poorly in the interview by talking over them, not allowing them the opportunity to answer questions, and even using his cell phone during the interview. Supervisor Reyes claimed that a primary reason for denying Ng'ang'a a promotion was that Ng'ang'a required additional training and that he took frequent breaks to eat and use his cell phone. Reyes, however, did not document incidents of excessive breaks for eating or use of Ng'ang'a's cell phone. Moreover, Reyes's performance evaluation for Ng'ang'a stated,
Furthermore, supervisor Michael Turner described Ng'ang'a as "very knowledgeable," and stated that if he himself ever had problems, he "would actually go and ask [Ng'ang'a] to get some insight." Michael Turner would have liked Ng'ang'a to have reported directly to him. Michael Turner thought that Ng'ang'a "deserved a promotion" to the position of Senior Pharmaceutical Technician and that he was qualified for the position.
Catalent claimed that the Senior Pharmaceutical Technician position for which Ng'ang'a applied was placed "on hold" in spring 2018. The only explanation Catalent provided was that "they did not need the positions at that time." However, between the closing in spring 2018 of the position for which Ng'ang'a applied and the summer of 2018, a white pharmaceutical technician, Richard Roberts, who had applied for the same position to which Ng'ang'a had applied, was promoted to the position of Senior Pharmaceutical Technician. Ng'ang'a had more formal education and more experience at Catalent than Roberts.
For a period of time in 2018, Ng'ang'a was permitted to come in an hour early and earn overtime on the first shift in order to demonstrate his knowledge on the Bosch machine and to train on how to put the machine together. However, Catalent denied Ng'ang'a the opportunity to work overtime for purposes of training on the first shift in or about June 2018. Catalent claims that operations management denied Ng'ang'a the overtime opportunities because Ng'ang'a was not productively utilizing the overtime he was working on the first shift.
Ng'ang'a claimed that three of his white co-workers were, unlike himself, given the opportunity to train on the equipment in the first shift. But two of those co-workers were already assigned to work on the first shift, and the third was moved from the second shift to the first shift when Ng'ang'a observed him working there, so none were performing overtime on the first shift at the relevant time.
Stuart Wright worked for Catalent as an Associate Pharmaceutical Technician from January 2018 until October 24, 2018.
When he began reporting to Makowski in May 2018, he felt that racial discrimination became prevalent. The supervisor referred to Stuart Wright as "boy," "lazy," and having a "poorwork ethic." Makowski did not speak to employees of other races in such a manner. Makowski would monitor Stuart Wright's whereabouts, including the time he spent in the restroom. On June 27, 2018, Makowski asked another employee where Stuart Wright was. When that employee jokingly stated that Stuart Wright had gone to lunch—when in fact Stuart Wright was just on the other side of the room—Makowski replied, "that motherfucker better not went to lunch."
On June 29, 2018, Makowski asked Stuart Wright where Arch Turner was. When Stuart Wright replied that Turner was in Room 377, preparing to clean it, (ii) Makowski smirked and said that was a lie because Room 377 was already clean. Makowski told Wright to locate Turner and then return to Makowski's desk. Stuart Wright located Turner in Room 377 and the pair went to Snapp's office. Snapp asked where they had been, and Stuart Wright explained that they had been preparing to clean Room 377. Makowski accused Stuart Wright of lying, stating that Room 377 was already clean, and that he was sick of having to ask where Stuart Wright and Arch Turner were. Stuart Wright replied that Makowski was the problem...
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