Bartlett v. Kutztown Univ., CIVIL ACTION NO. 13-4331

• Decision Date: 23 February 2015
• Docket Number: CIVIL ACTION NO. 13-4331
• Court: U.S. District Court — Eastern District of Pennsylvania
• Parties: CAMILLE BARTLETT; BONNIE YURVATI; MICHAEL SITKUS; JACK GRANT; GLENN GODSHALL; and WILLIAM STAHLER Plaintiffs, v. KUTZTOWN UNIVERSITY; EAST STROUDSBURG UNIVERSITY; JAVIER CEVALLOS, in his personal and professional capacities; CARLOS VARGAS ABURTO, in his personal and professional capacities; GERALD SILBERMAN, in his personal and professional capacities; SHARON PICUS, in her personal and professional capacities; JOHN GREEN, in his personal and professional capacities; THERESA FRITSCHE, in her personal and professional capacities; MARCIA G WELSH, in her personal and professional capacities; and PENNSYLVANIA STATE SYSTEM OF HIGHER EDUCATION Defendants.

CAMILLE BARTLETT; BONNIE YURVATI; MICHAEL SITKUS; JACK GRANT; GLENNGODSHALL; and WILLIAM STAHLER Plaintiffs, v. KUTZTOWN UNIVERSITY; EAST STROUDSBURG UNIVERSITY;JAVIER CEVALLOS, in his personal and professional capacities; CARLOS VARGASABURTO, in his personal and professional capacities; GERALD SILBERMAN, in hispersonal and professional capacities; SHARON PICUS, in her personal and professionalcapacities; JOHN GREEN, in his personal and professional capacities; THERESA FRITSCHE,in her personal and professional capacities; MARCIA G WELSH, in her personal andprofessional capacities; and PENNSYLVANIA STATE SYSTEM OF HIGHER EDUCATION Defendants.

CIVIL ACTION NO. 13-4331

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

February 23, 2015

MEMORANDUM

Jones, II J.

I. Introduction

Currently pending before this Court is Defendants Kutztown University ("KU"), Pennsylvania State System of Higher Education ("PASSHE"), East Stroudsburg University ("ESU"), Javier Cevallos, Carlos Vargas, Gerald Silberman, Sharon Picus, John Green, Theresa Fritsche, and Marcia Welsh's Motion to Dismiss, or alternatively, for Severance and Change of Venue. Said Motion seeks dismissal of various counts of Plaintiffs' Second Amended Complaintalleging age, gender and disability discrimination, retaliation, violations of equal protection, and aiding and abetting discrimination. After consideration of Defendants' Motion and Plaintiffs' Response thereto, said Motion shall be granted in part and denied in part.

II. Background

Plaintiffs were vested employees of Kutztown University. This case arises as the result of their termination from employment, which Plaintiffs claim was motivated by discrimination based on age, gender and disability, and was in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq. (Counts I-II), Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, et seq. (Counts III-IV), Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101, et seq. (Count V), and the Pennsylvania Human Relations Act ("PHRA"), 43 P.S. § 951, et seq. (Counts IX-XIII). Plaintiffs further allege retaliation under federal and state law (Counts II, IV, XII) and claim they were discriminatorily denied due process rights, in violation of 42 U.S.C. § 1983 (Counts VI-VIII).

Plaintiffs consist of four males and two females: Camille Bartlett ("Bartlett"), Glenn Godshall ("Godshall"), Jack Grant ("Grant"), Michael Sitkus ("Sitkus"), Bonnie Yurvati ("Yurvati"), and Dr. William Stahler ("Stahler"). All Plaintiffs were over the age of fifty at the time of their termination from employment. (Second Am. Compl. ¶ 32.) With the exception of Stahler, who was fired on April 25, 2012, Plaintiffs' employment was terminated on or about July 26, 2011. (Second Am. Compl. ¶¶ 47, 65, 72, 88, 97, 117.) KU informed Plaintiffs that their terminations were financially motivated and unrelated to their performance. (Second Am. Compl. ¶¶ 34, 47, 65, 72, 88, 97, 117.) While KU maintains that it has experienced ongoing economic distress (Second Am. Compl. ¶ 23), Plaintiffs allege Defendants "have used the pretextof an economic shortfall to actively terminate older (and a subset of older female) employees close to benchmarks in their retirements." (Second Am. Compl. ¶ 24.)

Plaintiff Yurvati, a female and former Senior Systems Analyst ("Analyst"), contends KU discriminated against her based on age and gender by terminating her employment and reassigning her job duties to two males, both under the age of thirty-five (35). (Second Am. Compl. ¶¶ 45, 49.) On December 28, 2011, Yurvati filed a charge with the Equal Employment Opportunity Commission ("EEOC") against KU and PASSHE, alleging age and gender discrimination. (Defs.' Mot. Mem. Ex. D1.) Yurvati also appealed her layoff by filing a "Merit Principle Appeal" with PASSHE. (Pls.' Opp'n Mem. Ex. C.) PASSHE conducted a hearing regarding the Merit Principle Appeal on January 12, 2012. (Second Am. Compl. ¶¶ 52-54.) Yurvati claims she was denied due process at this hearing because PASSHE: (1) refused to sequester witnesses; (2) admitted evidence that was "incomplete"; (3) refused to admit evidence of job postings listed by KU following Yurvati's termination; (4) refused to allow a witness to testify concerning the alleged discrimination at KU; and (5) ignored Yurvati's exceptions to their decision, which allegedly included errors and misstatements. (Second Am. Compl. ¶¶ 57-58.) Yurvati further claims the above events occurred in retaliation for filing an EEOC charge. (Second Am. Compl. ¶ 57.) Following the PASSHE hearing, Yurvati spoke with Defendant Gerald Silberman ("Silberman"), Vice President of Administration and Finance for KU, who allegedly told Yurvati not to apply for reemployment with KU because she had filed complaints against the university. (Second Am. Compl. ¶ 61.) Nonetheless, Yurvati applied for a position with KU on January 18, 2013. (Second Am. Compl. ¶ 62.) On February 21, 2013, Yurvati's application was rejected. (Id.)

Plaintiff Sitkus, a 52 year-old male and former Analyst in the same department as Yurvati, alleges the following facts in support of his age discrimination and retaliation claims:

(a) Sitkus was one of six employees employed in the department, (b) Sitkus was one of three employees over the age of 50 who were terminated; (c) both employees under the age of 35 were retained; and (d) the only remaining Analyst over the age of 50 had already fully vested in retirement and had already announced his intent to retire.

(Second Am. Compl. ¶ 67.)

Sitkus alleges KU treated him less favorably than employees younger than forty and retaliated against him for filing an EEOC charge by refusing to consider him for rehire. (Second Am. Compl. ¶ 69.)

Plaintiff Bartlett is a female who was over the age of fifty at the time she was terminated from her position as Director of Administrative Services and Dining Services for KU in July 2011. (Second Am. Compl. ¶¶ 70-71.) The job duties of Plaintiff Bartlett have since been assumed by individuals under the age of forty. (Second Am. Compl. ¶ 75.) On December 15, 2011, Bartlett was granted Emeriti status by the KU Council of Trustees for her exceptional service. (Second Am. Compl. ¶ 76.) Bartlett alleges that following her termination, she applied for a position for which she was qualified at ESU. (Second Am. Compl. ¶ 77.) Several months later, Bartlett filed an EEOC charge against KU alleging age and gender discrimination. (Defs.' Mot. Ex. D1.) On March 19, 2012, Defendant Theresa Fritsche ("Fritsche"), Director of Human Resources at ESU, notified Bartlett that she was not selected for the ESU position. (Second Am. Compl. ¶ 79.) Bartlett further claims that in November, 2012, she again applied for a position at ESU for which she was qualified, and was again rejected. (Second Am. Compl. ¶ 80.) As such, Bartlett alleges ESU conspired with KU and PASSHE to not hire her in retaliation for filing an EEOC charge. (Second Am. Compl.¶ 81.) In support of this claim, Bartlett alleges Fritschemaintained friendships and contacts with KU (where Fritsche used to work in Human Resources) and conspired with KU to not hire Bartlett. (Second Am. Compl. ¶ 82.) Lastly, Bartlett alleges that an employee of Defendant Carlos Vargas ("Vargas"), Provost and Vice President of Academic and Student Affairs at KU, told her the reason she had not been invited to Emeriti university functions was because she filed an EEOC charge. (Second Am. Compl. ¶ 84.)

Plaintiff Godshall, a male and former Director of Alumni Relations at KU, was terminated from his employment on July 26, 2011 and was replaced by two substantially younger individuals. (Second Am. Compl. ¶ 89.) On September 22, 2011, Godshall was granted Emeriti status by the KU Board of Trustees for his service to KU. (Second Am. Compl. ¶ 91.) Godshall filed an EEOC charge against KU on December 28, 2011 and claims that since filing his EEOC charge, KU has withheld some Emeriti-related "invitations and benefits" in retaliation. (Second Am. Compl. ¶ 92.) Therefore, Godshall alleges KU and PASSHE treated him less favorably than employees under the age of forty and retaliated against him for filing a discrimination charge. (Second Am. Compl. ¶ 94.)

Plaintiff Grant, a 65 year-old male and former Internal Operations and Data Manager, alleges he was similarly replaced by a substantially younger employee. (Second Am. Compl. ¶¶ 95, 99.) Along with Plaintiffs Yurvati, Bartlett, Sitkus, and Godshall, Grant filed an EEOC charge on December 28, 2011. (Defs.' Mot. Ex. D1.) Grant claims he was treated less favorably than employees under the age of forty and retaliated against for filing his EEOC charge. (Second Am. Compl. ¶ 101.)

Plaintiff Stahler, a 65 year-old male and former Director of Admissions at KU, was terminated in April, 2012. (Second Am. Compl. ¶ 117.) Two years prior, in April 2010, Stahler suffered a heart attack. (Second Am. Compl. ¶ 107.) Approximately one month later, DefendantVargas directed Stahler to: return to work without medical clearance; perform a presentation; and, visit a high school in Philadelphia. (Second Am. Compl. ¶ 108.) Despite his medical condition and not being cleared to return to work, Stahler complied with Vargas' directives. (Id.) In February 2011, Vargas notified Stahler that he would be replaced as Director of Admissions as soon as Vargas could find a desirable candidate. (Second Am. Compl. ¶ 109.) Vargas did offer Stahler a demotion to a position that did not yet exist and informed him that if he elected to decline the offer, he would be out of work in three weeks. (Second Am. Compl. ¶ 109.) However, KU was unable to find a replacement that month and ultimately offered to allow Stahler to remain in his position until Fall 2011. (Second Am. Compl. ¶ 110.) Two months later, Stahler was offered a position as Associate Dean of KU's College of Visual and...