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Malone v. Security Airport Parking

February 23, 2007

SABRINA OWENS MALONE PLAINTIFF
v.
SECURITY AIRPORT PARKING DEFENDANT



The opinion of the court was delivered by: James M. Moody United States District Judge

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Pending is the Defendant's Motion for Summary Judgment. Plaintiff has responded to the motion and the Defendant has replied. For the reasons set forth below, the Defendant's Motion for Summary Judgment is GRANTED.

Facts

The facts are as follows:

Plaintiff, Sabrina Owens Malone, is a female who was employed by Security Airport Parking for two different periods from 1995 until March 10, 2005, when she was terminated. Defendant Security Airport Parking, Inc., ("Security ") is a provider of parking service near the Little Rock Airport, in Little Rock, Arkansas. Plaintiff brings this action alleging she was fired by the Defendant on the basis of her gender in violation of Title VII of the Civil Rights Act of 1964.

Plaintiff was employed as a shuttle bus driver for Security in 1995 and quit that same year. Plaintiff was rehired in 1997 as a cashier and driver and relinquished her cashier duties in 2004 to focus on shuttle driving. Plaintiff was an at-will employee. From 1998, until her termination, Plaintiff was under the supervision of Al Smith.

A shuttle bus driver picks up customers who have parked their vehicles at Security and delivers the customers to the airport, and brings such customers who have arrived at the airport back to Security to retrieve their vehicles. Plaintiff was the only female shuttle driver at the time of her termination. Smith testified that their were at least four female drivers other than the Plaintiff while he had worked at Security. Smith testified that if a female applied to be a driver in the future he would have no problem hiring a woman.

Plaintiff was scheduled to work four days, Tuesday, Thursday and Friday from 4:00 p.m. until closing, and Sunday from 2:00 p.m. until closing. Closing was around midnight or when the last flights arrived. Security employees are full time when they work 32 hours a week.

Smith gave Plaintiff a Performance Appraisal on January 4, 2001, noting that she should "work toward improving the work relationship you have with your co-workers." He also told plaintiff in that appraisal that "if a situation arises with a customer minimize the frustration by addressing the client in a manner that will ease the tension."

Security's Employee Handbook sets forth the expected conduct of employees in regard to customer relations as follows:

Certain rules and regulations regarding employee behavior are necessary for the efficient operation of the Company and for the benefit and protection of the rights and safety of all. Conduct that interferes with operations, brings discredit to the Company, or is offensive to customers or fellow employees will not be tolerated.

(1) All employees are expected to conduct themselves and behave in a manner that is conducive to the efficient operation of the Company. Such conduct includes:

***

(g) Treating all customers and visitors as guests of the Company. (See Customer Relations, page 47.)

(h) Refraining from behavior or conduct deemed offensive or undesirable or which is ...


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