Guerra v. @Track Communications6/17/2002
In this reverse discrimination case, appellant Shannon Guerra appeals a summary judgment granted in favor of appellee @Track Communications, Inc. f/k/a HighwayMaster Corp. (HighwayMaster). In three points of error, appellant generally contends the trial court erred in granting HighwayMaster's motion for summary judgment. For the following reasons, we affirm the trial court's judgment.
In December 1997, HighwayMaster hired appellant, a white female, to work in their warehouse. Although initially hired on a temporary basis, she was offered a permanent position in March 1998. After she began employment with HighwayMaster, appellant began having conflicts with other warehouse employees, all of whom were African-American. Appellant specifically had personal problems with one co-worker, Kecia Slaughter. In her September 15, 1998 six-month performance review, appellant's supervisor and the warehouse manager, Joe Burnett, a white male, indicated appellant's relationships and interpersonal skills with respect to co-workers "Needs Improvement." Appellant and Slaughter's personal conflicts nevertheless continued, and on September 22, 1998, both women were given written warnings. Specifically, the women were cautioned " ny negative, gossip, or unprofessional 'talk' directed at each other, or any other member of the warehouse team will result in termination." Both women signed their respective warnings.
In appellant's March 1999 performance review, she received only an "acceptable" rating with respect to her ability to be a team player and she was again instructed she had to improve the way she handled conflicts with her peers. Shortly after her March 1999 review, appellant's supervisor left HighwayMaster. While HighwayMaster searched for a replacement, Todd Whisenant, a white male from corporate headquarters, supervised the warehouse employees. Whisenant had to have three meetings with the warehouse employees about their behavior toward each other. At the third meeting, Whisenant warned all warehouse employees that if he had to go to the warehouse one more time about a conflict issue, he was going to fire someone. In her deposition, appellant admitted that during this period "everyone was bickering at each other continuously" and "complaining about each other." She further admitted she understood everyone was put on notice.
In April 1999, Tim McAllister, a white male, was hired as the new warehouse manager. McAllister noticed that some of the warehouse employees, including appellant, had difficulty working with others. On May 11, 1999, McAllister was in the warehouse giving instructions to Bobby Harris, an African-American employee with whom appellant had previous problems.
According to McAllister, appellant interrupted the conversation, pushed McAllister out of the way, got in Harris's face, and started shouting and cursing at him. According to appellant, she did not interrupt or shout. However, appellant admitting cursing "to," but not "at," Harris, about a mistake he had made earlier that day. She later apologized to McAllister for what she admitted was "unprofessional" conduct.
HighwayMaster decided to terminate appellant based on her history of conflict with co-workers and the May 11 incident. A few weeks later, Harris and Wiggins, both African-American employees, were also terminated. HighwayMaster's stated reason for terminating Harris and Wiggins was their personality conflicts with co-workers.
Appellant filed a charge of discrimination with the Texas Commission on Human Rights alleging she was discriminated against because of her race. She alleged she believed she was discriminated against because she knew of other employees who "cur
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