Bassett v. Haw. Disability Rights Ctr.
| Decision Date | 20 November 2020 |
| Docket Number | CIV. NO. 18-00475 JMS-KJM |
| Parties | MATTHEW C. BASSETT, Plaintiff, v. HAWAII DISABILITY RIGHTS CENTER, Defendants. |
| Court | U.S. District Court — District of Hawaii |
This case concerns allegations of sexual harassment and retaliation made by Plaintiff Matthew C. Bassett ("Bassett" or "Plaintiff") against his former employer, the Hawaii Disability Rights Center ("HDRC" or "Defendant"). Bassett, the former Director of Litigation at HDRC, has brought suit as a pro se attorney alleging that HDRC's Director of Operations, Ann Collins, sexually harassed him while at a conference in June 2016 in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq. Bassett further alleges that after he internally reported Collins' alleged harassment as well as his suspicions that Collins was engaged in various financial crimes, HDRC unlawfully retaliated by (1) creating a hostile work environment; and (2) taking discrete adverse employment actions in violation of both Title VII and the Hawaii Whistleblower Protect Act ("HWPA"), Hawaii Revised Statutes ("HRS") § 378-62 et seq. HDRC maintains that all adverse employment actions taken against Bassett were legitimate responses to Bassett's unprofessionalism, failure to complete required work, and abusive conduct toward HDRC clients, board members, management, and staff.
Both parties filed Motions for Summary Judgment as to all claims. ECF Nos. 73, 74. For the reasons explained below, the court GRANTS Defendant's Motion for Summary Judgment in full. Accordingly, Plaintiff's Motion for Summary Judgment is DENIED.
The court's review was hampered by Plaintiff's failure to provide evidence as required by Federal Rule of Civil Procedure 56(c), either in support of his own Motion for Summary Judgment or in opposition to HDRC's Motion for Summary Judgment. Bassett's declarations—in support of and in opposition—authenticate certain exhibits but utterly fail to address facts as required by Rule56(c)(4). See ECF Nos. 75-2, 104-7. And his exhibits offer little to no admissible evidence in support of his allegations. Instead, Bassett appears to assume that the court will accept as true facts alleged in his Second Amended Complaint ("SAC"), ECF No. 66, or his memoranda in support or opposition to summary judgment, ECF Nos. 73, 104. Ultimately, as set forth below, Bassett's failure to adequately assert facts is fatal to his claims. In order to avoid confusion, but also to offer appropriate context, this Order sets out Bassett's factual allegations and specifies which of these allegations are and which are not supported by evidence as required by Rule 56(c).
Defendant HDRC is a Hawaii non-profit agency based in Honolulu. Dec. of Louis Erteschik, ECF No. 91-1 at PageID # 1640; ECF No. 66 at PageID # 1009. Established under a federal program to support individuals with disabilities, HDRC's mandate is to "provide legal and advocacy services to people with disabilities at no charge to the individuals with disabilities." ECF No. 91-1 at PageID # 1640. HDRC's litigation and advocacy work is primarily funded by the federal government, with a smaller amount of funding coming from the state government. Id. at PageID # 1641. When HDRC litigates under statutes that allow recovery of costs and attorney's fees, all recovered amounts must be returned to HDRC's funders. Id.
HDRC is overseen by a Board of Directors and has 18 to 21 employees at any given time. Id. at PageID ## 1639, 1641. At all relevant times, Louis Erteschik, HDRC's executive director, and Collins were HDRC managers. ECF No. 91-7 at PageID # 1699. The conduct of HDRC employees is governed by the HDRC Policies and Procedures Manual, ECF No. 91-4, which expressly prohibits "[d]iscourtesy or rudeness to clients, co-workers, supervisors, [and] management," "[c]onduct which violates common decency," "false or malicious statements about . . . other employees," and "insubordination," including "refusal to perform work as directed." Id. at PageID ## 1690-92. Violation of these standards "will result in discipline up to and including termination of employment." Id. at PageID # 1693.
The Manual also sets forth procedure for responding to allegations of sexual harassment, providing that Id. at PageID ## 1691-92.
Bassett joined HDRC as a staff attorney in 1997. ECF No. 91-1 at PageID # 1642. In 2012, he assumed the then-newly created role of Director of Litigation, which he continued to fill until he was terminated in July 2018. Id. Atall relevant times, Bassett resided in and worked from Maui and his "sole supervisor" was Erteschik. Id. at PageID # 1641; SAC, ECF No. 66 at PageID # 1009, 1012. For much of Bassett's time with HDRC he was a successful litigator and exemplary employee. See, e.g., ECF No. 91-1 at PageID # 1654; SAC, ECF No. 66 at PageID # 1009. But in 2014, it became clear that Bassett was approximately five years behind on billing attorney fees. ECF No. 91-1 at PageID ## 1666-67, 1671. This was problematic because, in some cases, the statute of limitations for recovery had almost run, meaning HDRC could not fulfill its obligation to return recovered attorney fees to its funders. Id. at PageID # 1644; Dec. of Maryellen Markley, ECF No. 91-46 at PageID # 1936. As a result, from 2014 to 2018, HDRC Director of Operations, Ann Collins, began regularly checking in with Bassett regarding his billing. See generally ECF No. 91-37.
From June 12 to June 17, 2016, Bassett, Collins, and Erteschik attended a business conference at the Marriot Waterfront Hotel in Baltimore, Maryland. See ECF Nos. 91-38, 91-39, 91-40. Plaintiff alleges in his SAC and briefing that Collins sexually harassed him at the hotel on the night of June 16, 2016 by forcing him to kiss her, demanding that he "engag[e] in some kind of sexual activity," and "ma[king] it clear" that Plaintiff's job "depended on satisfying her current sexual demands." Pl.'s Opp'n at 4-5, ECF No. 104 atPageID ## 1988-89; see SAC, ECF No. 66 at PageID ## 1010-11.1 In response, Defendant claims that Collins was not even in Baltimore on June 16, 2016. Defendant substantiates its version of events by providing Collins' declaration, as well as a hotel booking and flight itinerary indicating that she departed Baltimore in the early afternoon on June 16, 2016. Dec. of Ann Collins, ECF No. 91-36 at PageID ## 1825-26; ECF No. 91-38.
In his briefing, Plaintiff states that he did not immediately report the harassment out of "fear of retaliation." Pl.'s Opp'n., ECF No. 104 at PageID # 1989. Nevertheless, Plaintiff further claims that Collins immediately began engaging in "constant retaliation" against him for refusing her advances. Id. at PageID # 1990. Plaintiff does not provide any evidence to corroborate this allegation.
On August 17, 2017, Erteschik, on behalf of HDRC, sent Bassett a letter regarding the "long running problem" of his "lack of billing for legal fees that are owed." ECF No. 91-5 at PageID # 1695. The letter stated that Id. The letter informed Bassett that he would have until September 30, 2017 to complete his billing and, failing that, he would be "placed on a probationary status as an employee." Id. Additionally, if Bassett's billing remained outstanding after September 30, "further personnel action as per the Policies will be taken, which would include the possibility of termination." Id.
On or about August 23, 2017, Bassett reported—for the first time—his allegations of Collins' behavior on the night of June 16, 2016 to Erteschik. SAC, ECF No. 66 at PageID # 1011. In the same conversation, Bassett also reported his suspicions that Collins was engaging in financial mismanagement, including embezzling HDRC funds for personal use and providing an excess benefit contract to her friend and business partner.2 Pl.'s Opp'n, ECF No. 104 at PageID ## 1991-92. Bassett suspected financial mismanagement because HDRC employees were not going to be receiving bonuses for the 2017 fiscal year, because he did not know what had happened to a $67,250 check he had deposited with HDRC, and because—without explaining why—"Ann Collins fits the profile of an embezzler." ECF No. 104 at PageID ## 1991-92; see also ECF No. 75-6 at PageID # 1181; ECF No. 75-7 at PageID # 1185.
In September 2017, Bassett made several additional reports of the same allegations to Erteschik, as well as to then-HDRC board member and attorney Shawn Luiz. See ECF Nos. 75-5, 75-6, 75-8, 75-12. In his reports to Luiz, Bassett accused Erteschik of being "complicit" in Collins' retaliation and of colluding with Collins in financial mismanagement, including through embezzling funds and implementing illegal contracts. ECF No. 75-6 at PageID # 1180. He further complained that both Collins and Erteschik are "old, lazy, incompetent, and corrupt." Id.
After making his reports to Erteschik and Luiz, Plaintiff alleges in his briefing—again without providing any supporting evidence—that Defendant's retaliation intensified, with Erteschik and Collins "malicious[ly]" "non-sexual[ly]" harassing him, "sabotaging" his work product, "humiliating" him, downgrading his job performance, threatening to terminate him, and ordering him to complete his billing. SAC ECF No. 66 at PageID ## 1012-13, 1017,...
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