U.S. District Court, Northern District, Southern Division, Jefferson County

U.S. DISTRICT COURT, NORTHERN DISTRICT, SOUTHERN DIVISION

JEFFERSON COUNTY

 

(49) MARLENE SHORT vs. FEDEX FREIGHT EAST, INC. (U.S. District Court, Northern District, Southern Division)

                                   

County/Docket #/Judge: Jefferson / CV-07-1303 / John E. Ott

 

Plaintiff(s) Attorney(s): Heather N. Leonard, Birmingham

 

Defendant(s) Attorney(s): J. Tobias Dykes and Tamula R. Yelling of Constangy, Brooks & Smith, LLC, Birmingham

 

Age/Sex/Occupation of Plaintiff: n/a / F / Operation Supervisor

 

Cause of Injury: Employment/Sexual Harassment. Plaintiff alleged that she was hired by Defendant in November 2004 as an Operations Supervisor. Her immediate supervisor was Dewayne Phillips. Plaintiff was the only female employee working on her shift. Plaintiff alleged that after she started working for Defendant, she began experiencing harassment from two subordinates, Michael Dukes and Willie Waller. Plaintiff alleged that this harassment occurred daily, and that on January 2, 2005, Dukes and Waller began treating Plaintiff in a hostile and belligerent manner. Both Dukes and Waller directed profanity toward Plaintiff and made her feel uncomfortable and unsafe. Plaintiff alleged that she directed them to stop, but they did not comply. Plaintiff alleged that the male employees were not treated in this manner. Several other drivers who overheard Waller harassing Plaintiff asked him to stop. The Central Dispatch Coordinator for Defendant told Plaintiff that he was sending an e-mail to her Operations Manager to document the offensive treatment toward her. 

 

On February 28, 2005, the Operations Manager told Plaintiff that he had received the Complaint and would check into the matter. 

 

Plaintiff alleged that she was fearful for her safety and often called her husband to come to the office and stay with her so that she would not have to be alone with Dukes and Waller. 

 

Plaintiff alleged that one day after the drivers left, Dukes and Waller approached Plaintiff and asked if they were going to “do it” on the desk in the office before her husband showed up. Their conduct frightened and offended Plaintiff. 

 

Plaintiff alleged that in March 2005, Dukes and Waller were verbally abusive to Plaintiff and called her a stupid bitch. Plaintiff complained to another Operations Manager, and told him that they were affecting her job performance. On the same day, a driver from Hattiesburg overheard Waller treating Plaintiff in a verbally abusive manner. He asked Plaintiff why Defendant put up with that kind of nonsense, and Plaintiff informed the driver that she had repeatedly reported the harassment to Defendant.

 

In response to Plaintiff’s complaints, Phillips took over part of her job duties by taking responsibility for contacting these men on the dock. He told Plaintiff that he was doing that because he didn’t know how to handle that type of problem and had not received training to that type of situation. 

 

Plaintiff alleged that in March 2005, Defendant scheduled Dukes and Plaintiff to attend a Leadership Institute Class in Atlanta together. Plaintiff was told that she would have to drive and/or ride with Dukes. She was fearful about traveling alone with him. When she learned that she would have to travel with Dukes, she e-mailed her Service Center Manager, Malcolm Rawls, and told him of her discomfort. 

 

Plaintiff alleged that on April 13, 2005, Rawls called Plaintiff to a meeting to discuss her e-mail. During the meeting, Rawls told Plaintiff to “suck it up.” 

 

Plaintiff alleged that on April 14, 2005, Phillips advised Plaintiff to submit a written complaint to Rawls, which she did. Phillips was later replaced by Jim MacNamara, who did know about the abusive harassment toward Plaintiff.

 

In November 2005, Plaintiff learned that there were several positions open and available at the Birmingham terminal to which she wanted to transfer in order to escape the daily harassment.  Plaintiff alleged that she was not allowed to transfer. 

 

On November 15, 2005, Plaintiff spoke with Human Resources for Defendant on the phone about the sexual harassment, which led to her constructive discharge.

 

Plaintiff alleged that she sent documentation to Human Resources as requested and repeatedly complained to FedEx about the harassment, but the harassment still continued. 

 

On November 15, 2005, Plaintiff resigned with Defendant because the working conditions were so intolerable.   

 

Nature of Injury: Compensatory damages.

 

Expert Witnesses: n/a

                       

Verdict:  For the Defendant on September 25, 2008.