Johnson v. Fluor Corp.
181 F. Supp. 3d 325
M.D. La.2016Background
- Rose Johnson, a temporary laborer hired intermittently by Fluor Maintenance Services, Inc. (FMS) between 2009–2011, sued FMS alleging sexual harassment (by FMS supervisor Glenn Jarreau and NRG employee Brian Bradley), hostile work environment, and discriminatory/retaliatory discharge following an October 2011 layoff.
- Johnson filed an EEOC letter on February 14, 2012 and a formal charge July 11, 2012; she amended the charge July 1, 2013 to add allegations against Bradley dating to 2010–2011.
- FMS investigated Johnson’s complaints against Jarreau in July 2011, removed him from her chain of command, and terminated him on July 8, 2011; Johnson had no further contact with Jarreau after the investigation.
- FMS moved for summary judgment arguing (1) many harassment claims are time-barred, (2) Johnson cannot establish a prima facie hostile-work-environment claim, (3) FMS is entitled to the Ellerth/Faragher affirmative defense, and (4) the October 2011 layoff was a legitimate reduction in force (RIF).
- The court struck Johnson’s unsigned, unsworn affidavit as inadmissible, denied (as moot) other strike requests, and granted FMS’s motion for summary judgment, dismissing Johnson’s claims with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of sexual-harassment claims (Bradley) | Johnson contends harassment occurred 2010–2011 and is part of continuing hostile environment | FMS: claims against Bradley were first raised in 2013 and are beyond the 300-day EEOC filing period; no acts within filing window to sustain continuing-violation tolling | Held: Claims against Bradley are time-barred |
| Timeliness and continuity (Jarreau) | Johnson argues the harassment was continuous such that pre-2011 acts are tolled | FMS: discrete acts and gaps preclude continuing-violation application | Held: Court applies continuing-violation tolling to consider pre-April 2011 acts but finds the hostile-environment claim fails on other grounds |
| Employer liability under Ellerth/Faragher | Johnson argues FMS is liable because harassment was severe/persistent and corrective measures were ineffective | FMS: took prompt remedial action (investigated, separated and terminated Jarreau) and provided reporting mechanisms which Johnson did not use promptly | Held: FMS proved both elements of the defense; Johnson unreasonably failed to use corrective procedures — defense succeeds |
| Discriminatory/retaliatory layoff (October 2011 RIF) | Johnson contends layoff was motivated by gender and retaliation for complaints | FMS: layoff was legitimate RIF based on outage completion and lack of available work; decision followed neutral criteria | Held: FMS offered legitimate nondiscriminatory reason; Johnson produced no competent evidence of pretext — summary judgment for FMS |
Key Cases Cited
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (establishes employer affirmative defense when supervisor harassment does not result in tangible employment action)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for discrimination/retaliation claims)
- E.E.O.C. v. Boh Bros. Constr. Co., L.L.C., 731 F.3d 444 (5th Cir. 2013) (supervisor liability and standards post-Vance)
- Harvill v. Westward Commons, L.L.C., 433 F.3d 428 (5th Cir. 2005) (elements of a prima facie hostile-work-environment sexual-harassment claim)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000) (standards for evaluating evidence of pretext at summary judgment)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (summary judgment standards—movant’s burden and inferences)
- Nissho-Iwai Am. Corp. v. Kline, 845 F.2d 1300 (5th Cir. 1988) (unsworn affidavit insufficient to create fact issue at summary judgment)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment burden-shifting principles)