Randall v. Potter, No. CV-03-135-B-W.
| Decision Date | 09 February 2005 |
| Docket Number | No. CV-03-135-B-W. |
| Citation | 366 F.Supp.2d 104 |
| Parties | Linda RANDALL, Plaintiff, v. John E. POTTER, Postmaster General, United States Postal Service, Defendant. |
| Court | U.S. District Court — District of Maine |
Arthur J. Greif, Gilbert & Greif, P.A., Bangor, Martha S. Temple, Temple Law Offices, PA, Hampden, Julie D. Farr, Gilbert & Greif, P.A., Bangor, for Linda L Randall, Plaintiff.
David R. Collins, Office of the U.S. Attorney, District of Maine, Portland, for Postmaster General, Defendant.
ORDER GRANTING DEFENDANT POSTMASTER GENERAL'S MOTION FOR PARTIAL SUMMARY JUDGMENT
Claiming sexual harassment and a hostile work environment, Plaintiff Linda Randall has filed an action under Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e et seq. against the Postmaster General of the United States Postal Service ("Postal Service"). Ms. Randall alleges, inter alia, during the period from 1996 to 2001, she was sexually harassed by co-workers and a supervisor. The Postal Service moves for partial summary judgment on Ms. Randall's pre-October 2000 claims, arguing the claims are barred by the statute of limitations and to the extent the time-barred claims could survive as continuing violations, they are barred by the Postal Service's intervening action.1 Concluding the Postal Service's intervening employment actions are sufficient under National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002) to break the causal nexus between the within statute events and the out of time events, this Court GRANTS the Postal Service's Motion for Partial Summary Judgment.
In accordance with "conventional summary judgment praxis," this Court recounts the facts in a light most favorable to Ms. Randall's theory of the case consistent with record support.2 Gillen v. Fallon Ambulance Serv., Inc., 283 F.3d 11, 16 (1st Cir.2002). This Court has relied either on the uncontested facts or on Ms. Randall's version, if contested.
Ms. Randall began working for the Postal Service in 1996. (Def.'s Statement of Undisputed Facts Including Material Facts (DSMF) ¶ 1 (Docket # 20)).3 Her first position was as a mail handler at the Postal Service's Hampden facility; she worked on Tour 3 from 2:30 p.m. to 11:00 p.m.4 (DSMF ¶ 1, Pl.'s Resp. to Def.'s Statement of Undisputed Facts and Statement of Additional Facts (PSMF) ¶ 1 (Docket # 23)). As a mail handler, she emptied equipment and brought mail to where it needed to go. (DSMF ¶ 1). Her supervisors were Donna Ransom and Paul Hendrickson. (DSMF ¶ 1, PSMF ¶ 1).
Ms. Randall alleges that, shortly after she began working for the Postal Service, Rick Defillipo, a co-worker, exposed his genitals to her. (DSMF ¶ 7). Mr. Defillipo was working "in empty equipment in the dock and [she] was walking through to go outside" when he told her to "come over." (DSMF ¶ 7). When she did, he exposed himself. (DSMF ¶ 7). Ms. Randall asserts that Ms. Ransom was present and knew of the incident. (DSMF ¶ 7). Ms. Randall did not, however, complain about the incident. (DSMF ¶ 7).
During the holiday season in late 1996 or early 1997, Ms. Randall occasionally worked in the priority mail area. (DSMF ¶ 9). Once when they were throwing mail in the priority sacks, Brad McNally, a mail clerk, asked her to "sit between the sacks while he threw the mail and perform oral sex on him." (DSMF ¶ 9). Ms. Randall refused and left. (DSMF ¶ 9).
In 1997-1998, Ms. Randall worked in automation as a clerk and later as a flat sorter. (DSMF ¶ 12). Mr. McNally was an acting "204B" supervisor. (DSMF ¶¶ 10, 12 n.5). She worked with Dan Sickler, Joel Greenleaf, James Mercure, Randy Hooper, and Mark Fernald. (DSMF ¶ 12). Liz Walker supervised her most of the time, but occasionally Mr. McNally supervised her in his capacity as a temporary "204B" supervisor. (DSMF ¶ 12 n.5).
During her time in automation, Mr. McNally persistently harassed her. (DSMF ¶¶ 10-12) He would ask Ms. Randall what color underwear and bra she was wearing and if he could see her breasts. (DSMF ¶ 10). On one occasion Mr. McNally told two female clerks, Candy Sergi and Heather Buck, "to watch the machine because he wanted [Ms. Randall] to go out back so [they] could screw like dogs."5 (DSMF ¶ 11). Ms. Sergi told Mr. McNally that was inappropriate. (DSMF ¶ 11). Nobody complained about Mr. McNally's comment at this time, and Ms. Randall did not tell any supervisor about the comment. (DSMF ¶ 11, PSMF ¶ 11).
Ms. Randall stated Mr. McNally made comments to her (DSMF ¶ 11). He also told Ms. Randall his "girlfriend could get him off in two minutes" and wondered how long it would take Ms. Randall to do the same. (PSMF ¶ 40(f), DSMF ¶ 14). Mr. McNally told Ms. Randall, (DSMF ¶ 11). Ms. Randall told her supervisor, Mr. Fernald, Mr. McNally was a pig, but never put anything in writing. (DSMF ¶ 11 n.3).
When Ms. Randall began working as a Part Time Flexible ("PTF") employee in March 1999, she was transferred to Tour 2 where she worked primarily as a flat sorter. (DSMF ¶ 13). Mr. McNally was no longer Ms. Randall's supervisor, but she would see him for about thirty minutes in the morning during the change of shift. (DSMF ¶¶ 13, 14). According to Ms. Randall, Mr. McNally would make lewd comments, whisper in her ear, pull at her clothes, and try to look down her shirt. (PSMF ¶ 40(g), DSMF ¶ 14).
In January 2000, Ms. Randall continued working as a PTF on Tour 2, primarily as a flat sorter. (DSMF ¶ 15). Although Mr. McNally was not Ms. Randall's supervisor while she worked on Tour 2, during this time, she learned the Postal Service was considering Mr. McNally for promotion as manager of distribution operations ("MDO"). (DSMF ¶ 15). She told David Prescott, a union steward, Mr. McNally was a "pig" and what had happened. (DSMF ¶ 15). Mr. Prescott informed Louis Zedlitz, the plant manager. (DSMF ¶ 16). Mr. Prescott initially did not tell Mr. Zedlitz who had told him about Mr. McNally's conduct. (DSMF ¶ 16 n.9). Mr. Prescott asked Ms. Randall to write a statement and she then spoke with Mr. Zedlitz. (DSMF ¶ 17, PSMF ¶ 17). Mr. Zedlitz asked Ms. Randall about Mr. McNally's conduct and told her that the matter would be investigated. (DSMF ¶ 17). Several other female employees had also complained about Mr. McNally's conduct. (DSMF ¶ 17, PSMF ¶ 17). Upon learning this information, Mr. Zedlitz immediately "put [Mr. McNally] out of the building that night" and placed him on administrative leave pending an investigation. (DSMF ¶ 18). Richard Finkenberg, the MDO of Tour 3, was assigned to investigate. (DSMF ¶ 18). Mr. McNally never returned to work at the Hampden facility. (DSMF ¶ 18).
Ms. Randall "had some concerns about being in the plant during the investigation" of Mr. McNally, and therefore Mr. Zedlitz told her he would assist in getting her transferred to an associate office while the investigation was ongoing. (DSMF ¶ 20). Steve Pelletier, the customer service operations manager in charge of the associate offices, assigned Ms. Randall to be an officer in charge ("OIC") at the post office in Greenbush, thirty miles from the Hampden facility. (DSMF ¶ 21). Ms. Randall worked at the Greenbush Post Office from February 14, 2000 to September 25, 2000; she worked from 7:00 a.m. to 5:00 p.m. and sorted the mail, waited on customers, performed accounting, and ordered stamps. (DSMF ¶ 22). According to Ms. Randall, when she was transferred, Mr. Zedlitz said she "wouldn't have to come back to Hampden ever again." (DSMF ¶ 23). Ms. Randall "felt" she would be staying in Greenbush. (DSMF ¶ 23).
While at Greenbush, Deborah Noonan, a Hampden mail handler, called Ms. Randall and told her that supervisor Mike Dyer, who was Mr. McNally's union representative, was soliciting statements against Ms. Randall. (DSMF ¶ 24). Mr. Dyer, who was responsible for defending Mr. McNally, had asked employees whether they had witnessed improper conduct by Mr. McNally or whether they heard Ms. Randall use profane language or tell dirty jokes. (DSMF ¶ 25). Mr. Dyer did not discover any negative information about Ms. Randall. (DSMF ¶ 25).
Ms. Randall called Mr. Zedlitz and informed him of Mr. Dyer's actions, and Mr. Zedlitz said he would investigate and take care of it. (DSMF ¶ 24). Mr. Finkenberg advised Mr. Dyer that he should receive authority to be released from his postal service assignment before conducting the investigation during work hours. (DSMF ¶ 25). He also told Mr. Dyer that because there had been no disciplinary charges initiated against Mr. McNally at that point, he was "putting the cart before the horse." (DSMF ¶ 26). Ms Randall understood that Mr. Dyer received a two-week suspension for his conduct, was investigated, and returned to the facility.6 (DSMF ¶ 27). Ultimately, Mr. Dyer considered Mr. McNally's demotion was deserved because he had been untruthful. (DSMF ¶ 25 n.16).
Ken Carr, a clerk at the Hamden facility and friend of both Ms. Randall and Mr. McNally, came to the Greenbush Post Office while Ms. Randall was working, accused her of complaining about Mr. McNally, called her a "bitch," kicked the counter, and said that she "better take it back or he and other people were going to get back at [her] and write statements." (DSMF ¶ 28). Ms. Randall was "pretty scared" and told Mr. Carr to stop or she was going to call the Sheriff's Department. (DSMF ¶ 28). Mr. Carr calmed down, and Ms. Randall told him what Mr. McNally was doing...
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