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Hughes v. Home Savings of America2/13/2002
plaintiff's desk was performed while she was out on sick leave. Ms. Rogers, an African-American supervisor in the collections department, testified that a desk check is when a member of management goes over an employee's desk to check on processes, time lines, and orderliness. Ms. Rogers explained, "The primary reason for doing a desk check is to make sure that there's no work that has been backlogged on the collector's desk; and if there is, to get sufficient help to get that work processed through the pipeline." Employees knew desk checks would be performed on a regular basis. Ms. Rogers supervised Michelle Hamblin who was plaintiff's direct supervisor. Ms. Rogers performed a check of plaintiff's and other employee's desks on February 17, 1994, at the request of Jayne Worrell, the department manager. Plaintiff was not at work that day. Ms. Rogers found items on plaintiff's desk that had not been processed. Ms. Rogers determined a formal counseling was necessary because of the number of items found and the length of time they had remained unprocessed. The formal counseling was reflected in an interview form dated March 8, 1994.
Plaintiff further testified that from 1994 through 1997, her performance evaluation rating in the area of job knowledge was always exceptional. In addition, she had received a Directors Guild Award for outstanding service to the collections department. Ms. Limjoco had approved plaintiff's nomination for that award.
On cross-examination, plaintiff admitted she had been counseled for tardiness by supervisors other than Ms. Limjoco. Plaintiff had also received negative performance ratings from other supervisors in 1988 and 1989. Plaintiff had been verbally counseled for an "attitude problem" in 1987 by a supervisor named Ottie Eskridge.
Ms. Rogers testified plaintiff had repeatedly passed around "bad information" about senior management. Ms. Rogers believed plaintiff should have been disciplined for the conduct. On one occasion, plaintiff had called Ms. Rogers an "Oreo." An "Oreo" is a racially derogatory term directed at African-Americans. Ms. Rogers testified, "`Oreo' in the business world means that you are lack on the outside and hite on the inside." Ms. Rogers just "laughed . . . off" plaintiff's use of the racially derogatory term. According to Ms. Rogers, plaintiff was very knowledgeable about collections and had a good reputation for job knowledge outside the collections department.
A. Plaintiff's First Unsuccessful Application for the Loan Workout Specialist Position in the Loss Mitigation Department under Mr. Kobin
In December 1993, plaintiff was a senior loan service specialist, grade 18, supervising grade 14 and 16 employees. There was an opening for a loan workout specialist in a newly formed loss mitigation department. On January 13, 1994, plaintiff interviewed for the position with Mr. Kobin, a Caucasian man and the department head. Mr. Kobin had been the manager of the collections department, in which plaintiff worked, before he transferred to the loss mitigation department. Cynthia Gutierrez, a Hispanic woman, and Darrell Prescott, an African-American man, were the only other applicants for the loan workout specialist position. Plaintiff also met with Mr. Kobin's assistant manager, Calvin Roberts, an African-American man.
Mr. Kobin subsequently telephoned plaintiff and told her he had selected someone more qualified. That someone was Ms. Gutierrez. Plaintiff described the conversation with Mr. Kobin as follows, "Basically what he had told me is he had looked in my personnel file and he had also spoke with Priscilla Limjoco and my supervisor Elaine Esquivel, and he stated he spoke with Ms. Esquivel beca
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