Wyant v. Burlington Northern Santa Fe R.R.

Decision Date05 June 2002
Docket NumberNo. Civ.A. 00-JEO-2163-S.,Civ.A. 00-JEO-2163-S.
PartiesSandra WYANT, Plaintiff, v. BURLINGTON NORTHERN SANTA FE RAILROAD, R.C. Pate, and Randy Hartzler, Defendants.
CourtU.S. District Court — Northern District of Alabama

Tosca Hieftje, Birmingham, AL, for Plaintiff.

Michael W. Ray, Dawn C. Smith, Sadler Sullivan, PC, Birmingham, AL, for Defendants.

MEMORANDUM OPINION

OTT, United States Magistrate Judge.

In this action, plaintiff Sandra Jean Wyant ("Wyant" or "the plaintiff"), an employee of Burlington Northern and Sante Fe Railway ("BNSF") asserts various claims against the BNSF, her immediate supervisor, Randy Hartzler ("Hartzler"), and a foreman, R.C. Pate ("Pate"), including that the defendants (1) violated the Equal Pay Act ("EPA"); (2) engaged in gender discrimination by disciplining male employees less harshly than her; (3) terminated her from her supervisory position and placed her on a five year ban from holding any supervisory position because of her sex, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.; and, (4) conspired to remove her from her supervisory position because of her gender in violation of 42 U.S.C. § 1985(3). Wyant also raises claims under 42 U.S.C. § 1981, breach of contract, breach of the implied covenant of good faith and fair dealing, wrongful discharge, and outrage. Presently before the Court is the defendants' motion for summary judgment (doc. 25) and the defendants' motion to strike the plaintiff's affidavit (doc. 35). Upon due consideration, the motion to strike is due to be granted in part and denied in part and the motion for summary judgment is due to be granted.

I. BACKGROUND

BNSF operates a terminal in Birmingham, Alabama. Operations are run by various individuals, including brakemen, switchmen, engineers, and conductors, who are supervised by a job foreman or conductor. The foreman and conductor report to a yardmaster. The yardmaster reports to the trainmaster, who, in turn, reports to a terminal manager. (Deposition of Randall Hartzler at 9).1

Wyant, a fifty-two year old white female, began her career with BNSF on April 14, 1970, as a clerk. (Doc. 32 at 1). After three years, Wyant desired a position as a yardmaster. Initially, she did not get the job. Instead, two male employees, with thirteen years of experience filled the openings. (Wyant Depo. at 35).2 Before becoming a trainmaster, Wyant applied nearly twenty-five times for management positions, the majority of which were for the trainmaster and power control positions. (Complaint ¶ 8, Wyant Depo. at 37-38).

On August 15, 1995, Wyant became Trainmaster at BNSF's Birmingham terminal. (McGee Affidavit at ¶ 2).3 In that position, Wyant oversaw train operations in and around BNSF's Birmingham terminal. (Id. at ¶ 3). In 1999, Wyant's annual salary was $62,496.00. (Wyant Depo. at 64). During the course of her job during the relevant period, Wyant received approximately six (6) satisfactory evaluations. (Complaint ¶ 9). Her immediate supervisor was Randy Hartzler. (Id.).

On or about June 22, 1999, Wyant received a request to move some train cars from the "industry ABC and interchange Jefferson Warriors." (Doc. 33, Ex. I, at 4). At about 7:00, Wyant, acting in her supervisory position, radioed the engineer, T.M. Nelson "to relay to [R.C.] Pate that we had 15 loads at ABC to pull and 19 cars at Jefferson Warrior to pull." (Id.). Nelson relayed the message to Pate, which he acknowledged. (Id.). At about 7:15, Wyant heard the crew call, indicating that they were coming out with 23 cars. (Id.). They had not picked up "the cars at the ABC or Jefferson Warrior, so they were instructed to pick them up before they came out. [At about 7:45,] they called for the signal at the big tank, and they still only had 23 cars." (Id.). Wyant requested a formal investigation of the crew, including Pate, for failure to comply with her instructions.

Following this incident, on June 23, 1999, Pate entered Wyant's office and leaned over Wyant's desk and yelled directly in her face over another incident that happened earlier in the day. (Doc. 33, Tab R (Wyant Affidavit), p. 1). Wyant was intimidated because of Pate's size and his yelling. (Id.).

The hearing on the failure to follow instructions complaint was conducted on July 12, 1999. The crew was represented by the union in the proceeding. (Doc. 33, Ex. I, at 2). Wyant and Yardmaster Janice Burr testified. Burr was responsible for arranging the work schedule for the crews. She testified that she spoke with Pate and that he told her that he could "not pull the Jefferson Warrior cars" because they were in a hole and "couldn't come out." (Id. at 10). Wyant told Burr to tell Pate to "double up" to get the cars out. (Id.). She further testified that he (Pate) did not understand what she was telling him to do. (Id. at 10-11). Ultimately, Pate failed to bring the cars as requested. No disciplinary action was taken against the crew, including Pate. (Wyant Aff. at 1).4

Wyant reported the June 23rd incident involving Pate to her supervisor and terminal manager, defendant Randy Hartzler. He told her to write a complaint regarding Pate; which she did. (Id. at 2). Hartzler handled the complaint. Pate was required to write a letter of apology to Wyant. (10/22/99 Wyant Aff. at 4).

On the weekend of October 16-17, 1999, Pate and another crew member had a problem with bugs or gnats on the switch engine they were operating. (Id.). When Wyant returned to work after the weekend, Pate asked her if the bug problem had been resolved. She replied that the problem had been resolved. She also, jokingly, said "Pate if you had brought better food in your lunch, [the bugs] would have left you alone." (Id.). Pate did not appreciate the comment so he reported it to Hartzler, telling him that he (Pate) took "great exception" to Wyant's comment. (Pate Depo. at 130).5

On October 19, 1999, Hartzler instructed Wyant to not make "any more derogatory comments to Pate, especially about bugs, and she acknowledged that, okay." (Hartzler Depo. at 22-24, 28-29).

On October 20, 1999, Wyant passed Pate in the hallway and patted him on the shoulders and asked him if he had "left the bugs at home today." (7/9/01 Wyant Aff. at 2). Though Wyant cannot remember Pate's specific response, his actions led her to believe that he did not like the comment. (Id.). Wyant then said something to the effect that "I guess you left your sense of humor at home too." (Id.). Later that same day, Wyant was called to a meeting involving Hartzler, Pate, and R.W. Sellers, who was there as Pate's Union representative. (Id.). Pate complained about the bug remarks and said that he had talked to an attorney prior to the meeting. (Id.). Pate then said that he was putting the company on notice that he was not going to tolerate any harassment. (Id.). Hartzler told Wyant that this kind of harassment would not be tolerated. (Id.). Wyant then left the meeting.

Hartzler and Pate continued talking after Wyant left. Pate told Hartzler that Wyant had been sexually harassing him for two or three years. (Hartzler Depo. at 41-42). This was the first time any such allegations had been made by Pate. He told Hartzler that over the past three (3) years Wyant touched him on his shoulder and thigh. He also alleged that Wyant ran her fingers through his hair. (Id. at 58).

Hartzler and his immediate supervisor, Tony Sarret, contacted Cathy McGee ("McGee"), the regional director of Human Resources for BNSF. They informed McGee that Pate had complained to Hartzler that Wyant had been sexually harassing Pate for nearly three years. (McGee Aff. at 1). McGee sent Kimberly Suitte ("Suitte"), the Human Resources Manager for BNSF's Birmingham terminal, to interview and take sworn statements of Pate, Wyant, and other employees. (Id. at ¶ 4).

On October 22, 1999, Suitte interviewed Wyant extensively about the bug issue and previous investigations and incidents that Pate and Wyant had been involved in. Suitte recorded several handwritten pages, which Wyant signed. (7/9/01 Wyant Aff. at 3). Wyant denied any knowledge of the basis of Pate's allegations of harassment over the last three years. (10/22/99 Wyant Aff. at 1 & 6).

Between October 27, 1999, and November 1, 1999, Suitte interviewed and took the sworn statements from Pate and seven other co-workers in order to further the investigation and determine whether Pate's claims could be substantiated. In her interview of Pate, he stated that Wyant has been sexually harassing him for at least 3 years. She would touch him by "rub[ing][his] shoulders;" taking his "cap off [and] run[ning] her fingers through [his] hair," and rubbing his thigh, sitting beside him and "put[ting] her knees in the chair and lean[ing] over [his] shoulder [with] her breasts comm[ing] in contact w[ith his] back." (Pate Aff. at 1-2). She would also ask him about his home life. (Id. at 2-3). Pate named a number of witnesses to the events. He also complained that much of her conduct was an effort to get him to take her on a date. (Id. 4-6).

Suitte interviewed Wyant on October 22 and 29, 1999. Wyant told her, that to the best of her knowledge, she never rubbed or touched Pate's chest, hair or thigh. She may have touched his shoulders, back or arm while talking with him, as she did with other crew members. (10/22/99 & 10/29/99 Wyant Affs.).

Suitte interviewed other potential witnesses. Thomas Nelson stated that he saw Wyant "run her fingers through [Pate's] hair." (Nelson Aff. at 1).6 Monte Matthews stated that he saw Wyant rub Pate's shoulders and touch his shoulders, chest, and thigh. (Matthews Aff. at 1).7 Danny Maddox stated that he saw Wyant touch Pate on the shoulder, rubbing the same, and he had seen her touch his head once. (Maddox Aff. at 1).8 Elton Campbell stated that he saw "Wyant rub Pate's...

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