Hasnudeen v. Onan Corp.

PAGE, Justice

(concurring in part, dissenting in part).

Because it is not this court’s role to substitute its judgment for that of the trial court and because it cannot be said with absolute certainty that the trial court abused its discretion in making the findings it did, I do not disagree with the court’s analysis regarding Hasnudeen’s and Hines’ discharge claims. I write separately, however, to discuss the claims of harassment brought by Hasnudeen and Hines.

In addition to the claims of wrongful termination and reprisal, Hasnudeen and Hines allege in the complaint that Hasnudeen was subject to harassment at Onan because of his race, color, and national origin in violation of the Minnesota Human Rights Act and that Hines was subject to harassment at Onan because of her association with a person of a different race, color, and national origin in violation of the Minnesota Human Rights Act. They also allege that because of Onan’s intentional acts, they were subject to severe mental anguish and suffering. Although the trial court specifically found that Hasnudeen and Hines “did indeed work in a racially-charged atmosphere,” the trial court inexplicably failed to resolve their harassment claims and, confining its analysis to the discharge claims, ordered that Hasnudeen and Hines “shall recover nothing from defendant Onan Corporation on their claims.” Because I believe that the trial court had the duty to decide the harassment claims, I respectfully dissent from that part of the court’s decision which reinstates the judgment entered for Onan. I would remand to the trial court for resolution of the harassment claims.

In spite of its refusal to rule on then-harassment claims, the trial court found that Hasnudeen’s eoworkers commonly referred *559to him by racially derogatory names and that derogatory racial comments were made about the fact that Hasnudeen and Hines were dating each other. While Hasnudeen is a native of Guyana and is of East Indian descent, his eoworkers regarded him as an African American because of his dark complexion. They referred to him with racial epithets, such as “Nigger Bob,” “Midnight,” “Sand Nigger,” and “Black Bob.” In addition, after coworkers became aware that Hasnudeen was dating Hines, who is half Native American, they began to make racially offensive comments about the relationship. For example, Hasnudeen testified that one coworker asked him, “How. was the squaw?” and another asked if he had “ever been to a pow-wow with the squaw.” Hasnudeen asserted that both comments were meant in a sexual sense. Hines testified that two female coworkers warned her that Guyanese men beat women and encouraged her to “try to find a nice white boy.” Another coworker once told Hines “that the guys that he worked with in shipping were asking him if [Hines] was still f — ing the snot out of the nigger.” Other coworkers referred to Hines as a “nigger lover” and commented that Hines was “going to find herself in trouble and stuff, going out with that nigger.” Hines’ half-sister, who also worked at Onan, testified that coworkers even harassed her because of the relationship and would “ask me if it runs in the family and if I do niggers too.” Hines frequently became upset by the racially offensive comments and, on one occasion, was crying so hard that she had to leave work. Hines reported the alleged harassment to Hasnudeen, the lead worker on her shift, and Hasnudeen claims that he reported the problem several times to other supervisors, but the allegations were never investigated.

Further, some coworkers told Hines that Hasnudeen was making derogatory comments about her. When Hines confronted Hasnudeen, he denied making the statements and told her that it would stop. The trial court found that it “was just such a derogatory comment that upset plaintiff Hines on the night of the incident.” Hines had become upset when a eoworker told her that Hasnu-deen had remarked that all she was to him “was just a good f — .” This remark sparked the altercation that led to Hasnudeen’s and Hines’ discharge. Although Hasnudeen and Hines told Onan supervisors why Hines had become so upset and about other derogatory things being said about them, these allegations were not investigated. According to Hines, one supervisor responded to her claims of harassment by telling her that she should consider quitting if she did not feel that Onan was the right place for her. The trial court commented that “Onan’s supervisors probably should have investigated those rumors and disciplined employees who were saying such things.”

While the trial court stated that Hasnu-deen and Hines “may have had the potential for a ‘hostile work environment’ claim,” the trial court concluded that Hasnudeen and Hines “shall recover nothing.” The trial court refused to consider the harassment claims, stating that “the claim before us is for discriminatory discharge, not hostile work environment.” (Emphasis in original.) Further, when Hasnudeen and Hines brought a motion for amended findings or, alternatively, a new trial on the basis that they had claims of a hostile work environment in addition to the claims of discriminatory discharge, the trial court accused them of attempting to recast their claims and assert a different theory, stating that “the real issue throughout the trial — the one which the parties actually litigated and argued — was whether defendant Onan discharged plaintiffs for improper reasons.” (Emphasis in original.)

The trial court’s summary disposition of the harassment claims is astounding. Courts are to construe pleadings liberally, particularly in civil rights cases. L.K. v. Gregg, 425 N.W.2d 813, 819-820 (Minn.1988). Here, the complaint expressly alleges harassment:

That Defendants jointly and severally discriminated against Plaintiff Robert Hasnu-deen because of his race, color and national origin and engaged in continual harassment, reprisals and subsequently terminated Robert Hasnudeen because of his race, *560color and national origin in violation of Minn.Stat. § 368.03 Subds. 1 and 7.1
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That Defendants jointly and severally discriminated against Plaintiff Tracy Hines and engaged in harassment, reprisals and subsequently terminated her because of her association with a person of a different race, color and national origin and that said continual harassment, reprisals and subsequent termination are in violation of M.S.A. 363.03 Subd. 7.

(Emphasis added.) Onan clearly knew or should have known that Hasnudeen and Hines were alleging claims of harassment in addition to their claims of discriminatory discharge. Beyond the complaint, the allegations of harassment were explored in interrogatories to Hasnudeen and Hines by Onan, and during the direct and cross-examination of Hasnudeen and Hines at trial,2 as well as during the testimony of several witnesses.

The trial court heard extensive testimony regarding the racial epithets commonly used in reference to Hasnudeen and the racially offensive comments made about his relationship with Hines. The trial court credited this testimony and concluded, as previously indicated, that Hasnudeen and Hines “did indeed work in a racially-charged atmosphere.” Nevertheless, the trial court denied relief, apparently on the basis that the harassment claims had not been sufficiently emphasized during trial. This represents an overly formalistic approach to human rights claims, particularly in a bench trial where the *561racial epithets and offensive remarks were egregious, and the hostile work environment was closely tied to the incident that led to Hasnudeen’s and Hines’ discharge. Even if their claims of discriminatory discharge must fail, Hasnudeen and Hines pled, and to the extent the trial court found that they worked in a racially-charged atmosphere, proved their claims of harassment. They deserved to have those claims resolved by the trial court.

I am deeply troubled by the outcome of this ease. Credited claims of a racially-charged work environment are left unresolved because of a trial court’s narrow view of how overlapping claims should be presented at trial. Harassment was pled, relief was prayed for,3 evidence was presented, defenses were offered, and findings were made. That the trial court did not address the merits of these claims is indefensible and, in my view, fosters the perception in communities of color across this state, as found by the Minnesota Supreme Court Task Force on Racial Bias in the Judicial System, that the system is flawed and stacked against them. In that task force report former Justice Rosalie E. Wahl said, “We who are the stewards of this justice system cannot fail the people it belongs to.” We have failed them here. Therefore, I respectfully dissent from the court’s decision, which, like the trial court, dismisses the harassment claims.

. The relevant provisions of Minn.Stat. § 363.03, subds. 1 and 7, read as follows:

363.03 UNFAIR DISCRIMINATORY PRACTICES.
Subdivision 1. Employment. Except when based on a bona fide occupational qualification, it is an unfair employment practice:
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(2) For an employer, because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age,
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(c) to discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment.
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Subd. 7. Reprisals. It is an unfair discriminatory practice for any employer * * * to intentionally engage in any reprisal against any person because that person:
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(2) Associated with a person or group of persons who are disabled or who are of [sic] different race, color, creed, religion, sexual orientation, or national origin.

(Emphasis added.)

. For example, Onan served, and both Hasnu-deen and Hines answered, separate interrogatories regarding their claims that:

Onan “engaged in continual harassment and reprisals of plaintiff Robert Hasnudeen because of his race, color and national origin” (Interrogatory 2 (emphasis added));
"Robert Hasnudeen was terminated because of his race, color and national origin” (Interrogatory 3);
Onan “engaged in harassment or reprisals against plaintiff Tracy Hines because of her association with a person of different race, color or national origin” (Interrogatory 5 (emphasis added));
"Tracy Hines was terminated because of her association with a person of a different race, color, or national origin" (Interrogatory 6).

In answering the interrogatories regarding the allegations of harassment, Hasnudeen and Hines described many of the incidents of harassment to which they testified at trial.

At trial, Onan responded to these claims in part by attempting to show that Onan was not notified or otherwise aware of the harassment. On cross-examination, counsel for Onan questioned Hines about whether she reported any of the derogatory comments to a supervisor other than Hasnudeen and whether she was aware that there was a procedure outlined in the employee handbook for reporting harassment. Similarly, counsel for Onan questioned Hasnudeen on cross-examination about whether he was aware of the procedure specified in the employee handbook on reporting harassment and discrimination, and whether, when the supervisors he complained to about the racially offensive comments did not respond, he contacted the EEOC coordinator in accordance with the employee handbook. Testimony was also elicited from supervisors at Onan regarding how complaints of harassment were handled and how information was conveyed to employees about reporting harassment.

In addition to the allegations in the Complaint, Onan’s interrogatories to Hasnudeen and Hines, and the testimony adduced at trial, the parties' Joint Statement of the Case and finding 1 of Judge Donald J. Venne’s May 20, 1993, Findings of Fact, Conclusions of Law and Order reinstating Hasnudeen's and Hines’ cause of action after dismissal for violation of a discovery order, make specific reference to the harassment claims.

. WHEREFORE, Plaintiffs pray for the following:

1. For reinstatement of their previous positions and at their former salary range.
2. For compensatory damages for lost income, pension and insurance rights.
3. For compensation for mental anguish and suffering in excess of Fifty Thousand and No/100 Dollars ($50,000.00).
4. For reasonable costs and attorney's fees associated with the necessity of bringing this action.
5. For such other relief as this Court deems appropriate.

(Emphasis added.)