Wilson v. SYSCO Food Services of Dallas, Inc. (940 F. Supp. 1003, 1996)

MEMORANDUM OPINION AND ORDER

BUCHMEYER, Chief Judge.

Now before the Court is Defendants’ Motion for Summary Judgment, filed March 22, 1996, and Defendants’ Objection to Plaintiffs Affidavit in Opposition to Defendants’ Motion for Summary Judgment, filed June 20, 1996. Plaintiff Mia Wilson brings this action against her former employer, SYSCO Food Services of Dallas, Inc. (“SYSCO”), and its employee, Carroll Bonneau, alleging sexual harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., deprivation of her constitutional right to due process with respect to her employment status with SYSCO, and state law causes of action for breach of contract, breach of the duty of good faith and fair dealing, wrongful discharge, intentional infliction of emotional distress, fraudulent misrepresentation, and invasion of privacy.

Defendants now move for summary judgment on the following grounds: (1) Bonneau cannot be held liable under Title VII because he does not meet the Title VII definition of “employer”; (2) Plaintiff’s sexual harassment claims based on alleged activities that occurred prior to July 5,1994, are time-barred; (3) Plaintiff cannot establish a prima facie case of sexual harassment; (4) Plaintiff’s due process claim fails for lack of state action; and (5) all of Plaintiffs state law claims fail as a matter of law.

For the reasons stated below, Defendants’ Objection to Plaintiffs Affidavit is DENIED and Defendants’ Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART.

I. BACKGROUND

This case arises out of Plaintiff’s employment at SYSCO, a Dallas corporation in the business of marketing food service products. Plaintiff began her employment with SYSCO in April of 1994 as a marketing/sales representative. One of Plaintiffs primary duties in this position was to sell as many SYSCO products as possible to each account in her assigned sales area.

Defendant Bonneau was Plaintiff’s immediate supervisor and trainer at SYSCO. Plaintiff contends that during the two-week training period following her hire, Bonneau would require her to end the work day in certain bars discussing the day and reviewing accounts. Bonneau allegedly would linger long after Plaintiff had departed and recount to her on each following day his interactions with various women at the bars who had expressed sexual interest in him.

Plaintiff states in her affidavit that “[o]n more than one occasion during the scope and course of my employment with SYSCO Food Services of Dallas, Inc., Bonneau suggested that I take him home with me and give him some sex. I made it known to Bonneau that his sexual advances were unwelcome.” (Wilson Aff. ¶ 3). Plaintiff does not provide any dates for Bonneau’s alleged propositions.

Plaintiff asserts that on another occasion, Bonneau suggested that she have sex with any one of SYSCO’s customers if such activity was necessary to maintain that customer’s business. (Wilson Aff. ¶ 4). This Court interprets this incident to be the same as that described in Plaintiff’s answer to interrogatories, in which Plaintiff contends that at some time in May 1994, Bonneau told Plaintiff that she would be expected to learn to “penetrate” the company’s accounts. Based on Bonneau’s manner and tone of voice, Plaintiff asked Bonneau if he was implying that she should sleep with the account holders. Bonneau allegedly laughed and said,