United States District Court, W.D. Louisiana, Alexandria Division
KENNETH B. GAINES
PEREZ-MONTES MAG. JUDGE
DRELL, CHIEF JUDGE
the court is a motion for summary judgment (Doc. 86) filed by
defendant, Techline, Inc. in which it seeks dismissal of all
claims against it in the above captioned matter. For the
reasons expressed below, the court finds the defendants'
motion should be GRANTED.
Kenneth B. Gaines, filed suit against his (then) employer,
Techline, Inc. on March 20, 2013, alleging employment
discrimination and federal wage loss. (Doc. 1). According to
the complaint, Gaines began working as a driver for Techline
in March 2007, and from the outset of his employment, was
subjected to a racially hostile working environment by a
white warehouse manager and a fellow white driver. The
warehouse manager, Leo Ladner ("Ladner"), called
him "nigger", told him "you niggers all want
something for nothing", threatened him with injury and
denied him overtime assignments; while a fellow white driver,
J.W. McKee ("McKee") called him
"colored". Further, despite its knowledge of the
hostile work environment, Techline failed to take prompt and
effective remedial action to stop the racially discriminatory
practices. Gaines further alleges Techline paid him
significantly less than it paid McKee and paid Gaines the
same as a white warehouse worker by the name of Lance Melder
August 26, 2015, Gaines filed an amended complaint
incorporating the aforementioned facts and claims and
asserting new factual allegations and claims for
"retaliation and discrimination" and
"violation of the American Disability Act [sic]."
(Doc. 63, p.2). Gaines says Techline terminated him on July
2, 2014 in retaliation for filing this suit in 2013 and for
requesting medical leave "due to the death of his
mother" in June 2014. (Doc. 63). No other factual
allegations were asserted therein.
filed the instant Motion for Summary Judgment on April 15,
2016 arguing Gaines' claims should be denied as he cannot
establish prima facie cases of discrimination,
harassment or retaliation. The motion also urges that
Gaines' claim for overtime under the Fair Labor Standards
Act ("FLSA") was time barred. (Doc. 86). Attached
thereto was a statement of uncontested material facts with
112 factual assertions. (Doc. 86-2). Gaines filed an
opposition on May 6, 2016 (Doc. 94) restating allegations
contained in his various complaints and noting parts of his
deposition testimony. Also filed on that date was
"Plaintiffs Statement of Contested Facts" (Doc. 93)
which set forth the following:
(1) Plaintiff was called racial epithets while employed by
Defendant, including "colored boy, " and "you
niggers all want something for nothing".
(2) Plaintiffs supervisor falsified his time records whenever
the supervisor was made at him in an effort to divert
overtime away from Plaintiff for racially discriminatory
(3) J.W. McKee, a white driver, was paid more for the same
work [as] Plaintiff. Lance [Melder] was paid the same as
Plaintiff, even though he was a warehouse worker and not a
(4) Plaintiff was terminated by Defendant for filing an EEOC
complaint and requesting medical leave following the death of
(5) Although Plaintiff reported the discriminatory acts,
Defendant did not take prompt remedial action.
(6) Plaintiff suffered from post-traumatic stress syndrome
(7) Defendant was aware of Plaintiff s condition.
(8) Other employees harassed Plaintiff over his condition.
(9) Defendant knew of this harassment.