Anderson v. Deluxe Homes of Pa, Inc.

• Citation: 131 F.Supp.2d 637
• Decision Date: 09 March 2001
• Docket Number: No. 4:CV-99-1103.,4:CV-99-1103.
• Parties: Judeth Robbins ANDERSON, Plaintiff, v. DELUXE HOMES OF PA, INC., James Auth and Kenneth Howard, Defendants.
• Court: U.S. District Court — Middle District of Pennsylvania

131 F.Supp.2d 637

Judeth Robbins ANDERSON, Plaintiff, v. DELUXE HOMES OF PA, INC., James Auth and Kenneth Howard, Defendants.

No. 4:CV-99-1103.

United States District Court, M.D. Pennsylvania.

March 9, 2001.

COPYRIGHT MATERIAL OMITTED

Franklin E. Kepner, Jr., Alice T.K. Corba, Kepner, Kepner & Corba, P.C., Berwick, PA, for plaintiff.

James Oschal, Elizabeth Leo, Rosenn, Jenkins & Greenwald, Wilkes-Barre, PA, for defendants.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

On June 28, 1999, plaintiff Judeth Robbins Anderson (Robbins)¹ commenced this action with the filing of a complaint pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and the Pennsylvania Human Relations Act (PHRA), 43 Pa. Stat. Ann. §§ 951 et seq. She also asserted a claim for wrongful discharge. On March 30, 2000, Robbins filed an amended complaint in which she added, arguably, the tort of intentional infliction of emotional distress. Robbins alleges that she was subjected to a hostile work environment and emotional distress as a result of inappropriate behavior by Deluxe employees James Auth and Kenneth Howard. In addition, she implicitly alleges that she was discharged from Deluxe in retaliation for her complaints to management of Howard's sexual harassment.

Before the court is Deluxe's motion for summary judgment.

DISCUSSION:

I. SUMMARY JUDGMENT STANDARD

Summary judgment is appropriate if the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R.Civ.P. 56(c) (emphasis added).

... [T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be `no genuine issue as to any material fact,' since a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial. The moving party is `entitled to judgment as a matter of law' because the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.

Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The moving party bears the initial responsibility of stating the basis for its motions and identifying those portions of the record which demonstrate the absence of a genuine issue of material fact. Id. at 323, 106 S.Ct. 2548. It can discharge that burden by "showing ... that there is an absence of evidence to support the nonmoving party's case." Id. at 325, 106 S.Ct. 2548.

Issues of fact are genuine "only if a reasonable jury, considering the evidence presented, could find for the non-moving party." Childers v. Joseph, 842 F.2d 689, 693-94 (3d Cir.1988) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). Material facts are those which will affect the outcome of the trial under governing law. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. The court may not weigh the evidence or make credibility determinations. Boyle v. County of Allegheny, 139 F.3d 386, 393 (3d Cir.1998). In determining whether an issue of material fact exists, the court must consider all evidence and inferences drawn therefrom in the light most favorable to the non-moving party. Boyle, 139 F.3d at 393; White v. Westinghouse Electric Co., 862 F.2d 56, 59 (3d Cir.1988).

Once the moving party points to evidence demonstrating that no issue of material fact exists, the non-moving party has the duty to set forth specific facts showing that a genuine issue of material fact exists and that a reasonable factfinder could rule in its favor. Ridgewood Bd. of Educ. v. N.E., 172 F.3d 238, 252 (3d Cir.1999) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Groman v. Township of Manalapan, 47 F.3d 628, 633 (3d Cir.1995)). "Speculation and conclusory allegations do not satisfy this duty." Ridgewood, 172 F.3d at 252 (citing Groman, 47 F.3d at 637). A party opposing a motion for summary judgment may not merely deny the assertions made by the movant, but must identify specific facts in the record that would contradict the facts identified by the movant. Childers v. Joseph, 842 F.2d 689, 694-95 (3d Cir.1988); First Nat'l Bank of Pa. v. Lincoln Nat'l Life Insurance, 824 F.2d 277, 282 (3d Cir. 1987).

II. STATEMENT OF FACTS

From August 25, 1997 until her employment was terminated on November 4, 1997, Robbins was employed by Deluxe as a "spackler/finisher." Deluxe, located in Berwick, Pennsylvania, is a company that constructs modular homes and employs approximately 185 people. The production area of Deluxe, where Robbins worked has a specific employee hierarchy. Associates report to Captains, who in turn report to Coaches. Deluxe classifies Associates and Captains as separate from "management," while it considers Coaches as part of "management."

All new Deluxe employees are initially placed on a 60-day probationary period. After 60 days, Deluxe either extends the probation period for up to 30 days or discharges the employee. Upon her hiring, Robbins was placed on the customary 60-day probationary period.

The other relevant Deluxe employees for the purposes of this memorandum were both managerial and non-managerial. Donna Fisher was Robbins' Captain. While Deluxe claims that Fisher was not part of management, Robbins asserts that she considered Fisher to be her supervisor and therefore an employee with high authority. Kevin Miller was a Coach who had the authority to extend an employee's probationary period and to terminate his or her employment. Frank Kynik was Deluxe's Human Resources Manager. Bruce Walton was Robbins' boyfriend and co-worker during the relevant time period. Beverly Shultz and Gregory Cashner also were Robbins' co-workers. Finally, the employees whom Robbins claims harassed her were Auth, a production manager, and Howard, an Associate who worked as a roofer.

Robbins indicates that the principal harassers were Auth and Howard. She claims Auth's actions were as follows:

1) After Robbins was late for work one morning due to a flat tire, she said to him that she hoped she would have better luck the next day. Auth said, "Maybe I can be the one to turn your luck around."

2) Auth made the remark to Robbins that "You are like a magnet. I can't seem to keep from hanging around you; you are absolutely beautiful."

3) At one point, Robbins was on a ladder, and Auth said, "Don't worry. If you fall, I will catch you, and I won't let you go. You look real nice today." After the statement, he smiled and winked at her.

Robbins asserts that Howard exhibited the following conduct:

1) He asked to see her socially outside of work on several occasions, and she refused.

2) He called her "Barbie," refused to call her by her real name, and encouraged other male employees to refer to her as "Barbie."

3) He whistled and hissed at her when she was in his immediate vicinity.

4) When she was standing on a work bench, he grabbed her by the calf of her leg, looked at her "private parts," and said, "now that's a pretty sight."

5) As Robbins was climbing down a ladder, he put his hands around her waist and said, "What is that, about a 22-inch waist?"

6) Once, as she was walking to her work area, he touched her breast.

7) On one occasion, Robbins told him to leave her alone and he said, "just remember, I know where you live."

8) One day, Robbins was wearing a sweatshirt with the inscription "Bongo Jeans." Upon seeing the sweatshirt, he grabbed his crotch and said, "You could make my jeans bongo anytime."

9) He said to Robbins, "My dick's bigger than Bruce Walton's. Why would you want him?"

10) He made "tongue motions" to her; she claims he was insinuating oral sex.

Both Auth and Howard deny all of Robbins' allegations and Deluxe presents numerous affidavits of Robbins' co-workers stating that they never witnessed any of this behavior. Some of the events Robbins describes, however, are corroborated by Cashner and Walton in the form of deposition and affidavit testimony, and Shultz claims that while she did not see any of the alleged harassment, she does remember that Robbins indicated that Howard was bothering her.

A sexual harassment policy was in place at Deluxe, and Robbins admits to having read it at the outset of her employment. While the details of the policy will be set forth in our analysis, the message of the policy was that any employee who was subjected to or witnessed sexual harassment was required to bring the incident to the attention of Kynik or any other member of management. Robbins claims that the policy was a "sham" and that she did complain to Fisher, whom she perceived to be part of management. Fisher denies that Robbins complained to her.

On October 24, 1997, Miller extended Robbins' probationary period for an additional 30 days. Both Miller and Fisher claim that Robbins was not an adequate spackler; they assert that she did not work quickly enough. Robbins admits to being on notice that she needed to work at a faster pace. On November 4, 1997, before the 30-day extension was over, Miller informed her that her employment was terminated. Robbins claims that she was informed of her firing on the same day Miller witnessed her telling Howard to leave her alone.

III. CLAIMS

In determining Robbins' proper claims, we analyze the amended complaint. The amended complaint, which contains five counts, names as defendants Deluxe, and Auth and Howard individually. Count One of the amended complaint contains a request for...