JEFFERSON CITY –– Cowley Distributing Inc. successfully defended itself against most of the discrimination allegations brought by former employee.
In the Aug. 20 order, Judge Nanette Laughrey of the U.S. District Court for the Western District of Missouri granted Cowley Distributing’s motion for summary judgment for four out of five counts brought by James Scott.
Scott, who represented himself in the proceedings, claimed Cowley Distributing discriminated against him based on race and religion. He also alleged a racially hostile work environment, retaliation and lack of promotional opportunities.
Scott is African-American and Jehovah's Witness.
Scott was orginally employed by Anderson News as a delivery driver. According to court documents, Anderson News supervisors allowed Scott to take time off for religious observation and did not require him to deliver pornographic material.
In 2009, Cowley Distributing acquired Anderson News.
In his 2016 complaint, Scott alleged he received multiple disciplinary write-ups over the years. In one incident, court documents show, he admitted to tampering with the GPS on his company car. Cowley Distributing secured the device with a zip-tie in response, which Scott claims was "an adverse employment action."
The federal court disagreed.
"The zip-tie used to secure the GPS device in Mr. Scott’s company vehicle does not constitute an adverse employment action," Laughrey wrote in her decision, "especially considering the zip-tie was only installed after Mr. Scott created twenty-one tamper alerts.”
But Laughrey did agree with one of Scott's arguments. Scott claimed a white employee was not disciplined for not properly stocking books in his vehicle, but Scott did face write-ups. The court agreed and denied summary judgment to one count of discrimination.