Young v. Houston Lighting & Power Co.

• Decision Date: 24 June 1998
• Docket Number: Civil Action No. G-96-568.
• Citation: 11 F.Supp.2d 921
• Parties: Robin A. YOUNG v. HOUSTON LIGHTING & POWER COMPANY.
• Court: U.S. District Court — Southern District of Texas

11 F.Supp.2d 921

Robin A. YOUNG v. HOUSTON LIGHTING & POWER COMPANY.

Civil Action No. G-96-568.

United States District Court, S.D. Texas, Galveston Division.

June 24, 1998.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

R. Keith Vaughan, Carabin and Shaw, San Antonio, TX, for Robin A Young.

L. Chapman Smith, Maria Wyckoff Boyce, Matthew P. Eastus, Baker & Botts, Houston, TX, for Houston Lighting & Power Co.

ORDER GRANTING SUMMARY JUDGMENT

KENT, District Judge.

Plaintiff brings this action against her former employer, Houston Lighting & Power Company (HL & P), alleging sexual harassment, sex discrimination, and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. ("Title VII"), and the Texas Labor Code, in addition to various state law claims.¹ Now before the Court is Defendant's Motion for Summary Judgment, filed April 23, 1998. For the reasons set forth below, Defendant's Motion is GRANTED, and all of Plaintiff's claims are DISMISSED WITH PREJUDICE.

I. FACTUAL BACKGROUND

Plaintiff Young was hired in 1985 to work at Defendant's South Texas Project Nuclear Electric Generating Station ("STP") as a Chemical Operator Trainee in the Chemical Operations Division. Prior to her employment with HL & P, Young had no experience working at nuclear facilities, nor did she have any nuclear energy training. Young spent her first three years at STP as an apprentice Operator. She became a full journeyman Chemical Operator in the Chemical Operations Division in 1988. She held that position until 1995, when HL & P reclassified her as a Reactor Plant Operator in the Plant Operations Division. Young is currently working in that capacity.

Young has previously filed suit against HL & P in this Court, on October 28, 1992, in the action styled Robin A. Young v. Houston Lighting & Power Co., Civil Action No. G-92-518. In that suit, Young alleged workplace sexual harassment, discrimination, and retaliatory denial of promotions, along with various common law causes of action. That case ended with the parties agreeing to a "Full and Final Release" (the "Release"), under which Young received substantial compensation in exchange for her comprehensive discharge of "any and all claims" against HL & P which may arise "directly or indirectly from ... the matters described in the court papers and pleadings" in that action. On October 4, 1993, the Court dismissed Young's 1992 action with prejudice.

Young is now back for another big bite at the apple. On November 20, 1995, Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"), alleging sex discrimination and retaliation.² She filed this lawsuit in the 23rd Judicial District Court of Matagorda County, Texas on March 1, 1996. It was timely and properly removed to this Court on May 13, 1996.

II. SUMMARY JUDGMENT STANDARD

Summary judgment is appropriate if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(c). The Court must accept the evidence of the nonmoving party and draw all justifiable inferences in favor of that party. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 585-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986). Determining credibility, weighing evidence, and drawing reasonable inferences are left to the trier of fact. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986).

The party moving for summary judgment, HL & P in this case, bears the initial burden of "informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). The movant may meet this burden by pointing out to the Court that there is an absence of proof on any essential element of the nonmovant's case. Id., 477 U.S. at 325, 106 S.Ct. at 2554. Once this burden is met, the burden then shifts to the nonmoving party to establish the existence of a genuine issue for trial. Matsushita, 475 U.S. at 585-87, 106 S.Ct. at 1355-56; Wise v. E.I. DuPont De Nemours and Co., 58 F.3d 193, 195 (5th Cir.1995). The nonmovant "must do more than simply show that there is some metaphysical doubt as to the material facts," but instead must come forward with specific facts to show that there is a genuine issue for trial. Matsushita, 475 U.S. at 586-87, 106 S.Ct. at 1355-56 (citing FED. R. CIV. P. 56(e)).

The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. Only disputes over facts that might affect the outcome of the lawsuit under governing law will preclude the entry of summary judgment. Anderson, 477 U.S. at 247-48, 106 S.Ct. at 2510. If the evidence is such that a reasonable fact-finder could find in favor of the nonmoving party, summary judgment should not be granted. Id.; see also Matsushita, 475 U.S. at 587, 106 S.Ct. at 1356.

III. TITLE VII CLAIMS

At the outset, the Court notes that Plaintiff's allegations against HL & P are extremely serious, and cannot be taken lightly. Plaintiff paints a portrait of HL & P as a robust man's world, where women are harassed, mocked, laughed at, and generally treated as objects, while the men receive all of the responsibilities and promotions without regard to merit or skill. Such weighty allegations require corresponding proof. This is especially true in the case of HL & P's nuclear power plant. As this Court has acknowledged in the past, HL & P clearly has a significant obligation to its employees and to the public as a whole to ensure compliance with the regulations at its nuclear power plant, and to ensure that its operation is handled by only those nuclear operators possessing the utmost qualifications and skill. This Court will not lightly second-guess HL & P's decisions with regard to hiring and promotion of its nuclear power plant operators, especially where no evidence exists to back up the allegations.

With these considerations firmly in mind, the Court proceeds to an analysis of Defendant's Motion for Summary Judgment.

A. Claim Preclusion

HL & P argues that any claims Plaintiff asserts based on events that occurred prior to September 24, 1993 are precluded by the 1993 Release. Courts uphold the validity, and indeed encourage the use, of settlement and release as a means of resolving employment disputes. See Jackson v. Widnall, 99 F.3d 710, 714 (5th Cir.1996); Nail v. Brazoria County Drainage Dist. No. 4, 992 F.Supp. 921 (S.D.Tex.1998). Such agreements are binding on both parties. See Jackson, 99 F.3d at 714; cf. 29 C.F.R. § 1614.504. On September 24, 1993, Plaintiff signed the Release discharging HL & P from any claims arising out of HL & P's alleged harassment, discrimination, and/or denials of promotion up to that time. The burden is on Plaintiff to show that the Release is invalid. See Williams v. Phillips Petroleum Co., 23 F.3d 930, 935 (5th Cir.1994).

Plaintiff argues in Response that the Release is invalid because HL & P has failed to fulfill its obligations under the Release. Specifically, Plaintiff argues that HL & P has taken no action to remedy the alleged discrimination; that the references to be removed from Young's file were not removed; that HL & P has threatened to fire Young since September of 1995; that Young has not been considered for any "hot licensing training classes," as required in the Release; and that HL & P has violated its agreement not to retaliate against Young. The only evidence Young presents to substantiate any of these allegations is her own affidavit. A party's own self-serving affidavit is insufficient evidence to fulfill the nonmovant's summary judgment burden. See Lechuga v. Southern Pacific Transp. Co., 949 F.2d 790, 798 (5th Cir.1992) ("Conclusory statements in an affidavit do not provide facts that will counter summary judgment evidence, and testimony based on conjecture alone is insufficient to raise an issue to defeat summary judgment.") (citation omitted); Douglass v. United Services Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir.1996) ("In short, conclusory allegations, speculation, and unsubstantiated assertions are inadequate to satisfy the nonmovant's burden.") (en banc); Pfau v. Reed, 125 F.3d 927, 940 (5th Cir.1997), petition for cert. filed, 66 U.S.L.W. 3720 (U.S. Apr. 14, 1998) (No. 97-1751); see also McKey v. Occidental Chem. Corp., 956 F.Supp. 1313, 1319 (S.D.Tex.1997)(Kent, J.) (speculation and belief are insufficient to create a fact issue on summary judgment).

Accordingly, the Court finds that all of Plaintiff's claims that existed prior to September 24, 1993 have been discharged by the Release and are barred due to claim preclusion. See Strozier v. General Motors Corp., 635 F.2d 424, 426 (5th Cir. Unit B Jan.1981). Such claims are therefore DISMISSED WITH PREJUDICE.

B. Timeliness Under the EEOC Statute of Limitations

Defendant also argues that the majority of Plaintiff's Title VII claims are untimely. Title VII requires a plaintiff to file a charge with the EEOC within 300 days of the alleged unlawful employment practice: January 24, 1995 in this case.³ See 42 U.S.C. § 2000-5(e); Mennor v. Fort Hood Nat'l Bank, 829 F.2d 553, 556 (5th Cir.1987). Defendant argues that most of Plaintiff's sexual harassment claims occurred well before January 24, 1995. The Court agrees that, to the extent the alleged discriminatory actions occurred before January 24, 1995, they are time-barred. Indeed, Plaintiff does not even respond to Defendant's argument in this regard. However, in an abundance of caution, the Court will nevertheless address all claims arising after September 24, 1993 on their merits.

C. Intentional Discrimination

1. The McDonnell Douglas/Burdine Framework

First, Pla...