Bearer v. Teva Pharm. U.S.
| Decision Date | 09 September 2021 |
| Docket Number | 19-5415 |
| Parties | DEBORAH BEARER Plaintiff, v. TEVA PHARMACEUTICALS USA, INC, et al. Defendants |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Presently before the Court is Defendants' Teva Pharmaceuticals USA Inc., Teva Sales and Marketing, Inc., and Teva Branded Pharmaceuticals Products R&D, Inc. (collectively “Teva”) Motion for Summary Judgment. (Doc. 52.) Plaintiff Deborah Bearer (“Bearer”) brought this action against Teva alleging claims of age and gender discrimination and retaliation pursuant to the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000, et seq. (“Title VII”), and the Pennsylvania Human Relations Act, as amended, 43 P.S. § 951, et seq. (“PHRA”). See generally Pl.'s Am. Compl. (Doc. 28).
1. Untimely claims ........................................................................................................... 14
2. Timely claims ............................................................................................................... 16
i. Adverse action ....................................................................................................... 19
ii. Legitimate Nondiscriminatory Reason ............................................................ 21
iii. Pretext ................................................................................................................ 22
i. Adverse Action ...................................................................................................... 39
ii. Legitimate Nondiscriminatory Reason ............................................................ 45
iii. Pretext ................................................................................................................ 47
1. Non-harassing conduct that does not contribute to hostile work environment .... 53
2. Conduct that contributes to hostile work environment ........................................... 55
Bearer is a 63-year-old woman who presently serves as Senior Director of Global Market Access at Teva, a pharmaceutical company. Bearer Dep. 12:17. She holds a bachelor's degree in business administration. In 2003, she was recruited by Teva's predecessor, Cephalon, Inc. (“Cephalon”), and worked principally in merchandizing. She came to be an employee of Teva in 2011, following Teva's acquisition of Cephalon. (Doc. 52-13.) As of November 2019, when she filed this lawsuit, Bearer had over sixteen years of combined experience at Teva and its predecessor. Id. She is still employed by Teva to this day. Id.
Bearer alleges that in the course of her employment with Teva, she was repeatedly passed over for promotions, denied the opportunity for additional work responsibilities, and experienced a work environment that was hostile to the professional advancement of women. She brings claims of age and gender discrimination and retaliation against her employer, which are the subject of Defendants' motion for summary judgment.
Bearer's claims generally arise from her allegations that “Defendants made no effort to promote [her] to a Senior Director position, ” that she was “passed . . . over for open opportunities in favor of less qualified male [and/or younger] employees, ” and that Teva “failed to advocate for [her] career advancement in the way that they did for male employees, ” and otherwise created a hostile work environment. See generally Doc. 62. She attributes these alleged failures to the existence of a “glass ceiling” for women at Teva, as well as what she refers to interchangeably as a “boys' club, ” an “old boys' club, ” and an “old boys' network.” Because the parties have raised questions with respect to the timeliness of Bearer's claims, we provide a chronological narrative of the specific incidents of discrimination or harassment Bearer alleges. Then we briefly discuss her general allegations of the existence of a “boys' club” and a “glass ceiling, ” which she asserts should serve as the “backdrop” against which we should view those specific incidents.
Bearer became employed by Teva in October 2011, following Teva's acquisition of Cephalon, where she had been employed as a Director in “CNS Managed Markets Marketing” in Cephalon's Frazer, Pennsylvania office. Def. Statement of Undisputed Facts ¶ 29 (Doc. 52-4). Following this acquisition, Bearer joined Teva's Market Access Group, where she “retained the same job title and responsibilities and continued working on the same projects” in the same office location. Id. ¶ 30. Throughout her employment, Bearer, who carried the title and responsibilities of a “Director, ” made it clear to her superiors at Teva that she was interested in advancing to the level of “Senior Director.”[1] Pl. Resp. to Def. Statement of Undisputed Facts ¶ 40 (Doc. 62-3).
Bearer's first manager at Teva was John Zabroske, a Senior Director in the Health Systems Marketing group. Pl. Add'l Statement of Undisputed Facts ¶ 59, 68, 70 (Doc. 62-4). In October 2015, Bearer learned that Zabroske was leaving his position and that Bryan Mauk, a male and younger than her, had been selected to be his successor. Id. at 65. The position had not, however, been posted to Teva's internal job board, leaving other candidates unable to apply and be considered for the job.[2] Id. at 69, 71. Upon learning that Mauk had been selected, Bearer expressed to Zabroske her disappointment that she did not have the opportunity to apply. Id. at 71. After she informed Zabroske that she wanted that opportunity, the position was posted, this time as a “Senior Director/Director” position. Id. at 77. Bearer applied and was interviewed by George Keefe, a male, then Teva's Vice President of Market Access. Id. at 17; Def. Statement of Undisputed Facts ¶ 21 (Doc. 52-4). During the interview, Bearer expressed to Keefe that she felt that there was a “glass ceiling” and an “old boys' network” in the organization. Pl. Add'l Statement of Undisputed Facts ¶ 83 (Doc. 62-4). In January 2016, following that interview, Zabroske informed Bearer that Mauk had again been selected for the position.[3] Id. at 91; Pl. Am. Compl. at 37 (Doc. 28). Although Zabroske had held the position as a Senior Director, it was classified only as a Director-level position for Mauk. Pl. Add'l Statement of Undisputed Facts ¶ 94 (Doc. 62-4). Despite technically being on the same hierarchical level, Mauk became Bearer's direct supervisor, creating a situation in which she was a “Director reporting to a Director.” Def. Statement of Undisputed Facts ¶ 57 (Doc. 52-4). Bearer has characterized that decision to not select her as, “one of the most discriminatory acts to which she had been subjected to.” Pl. Add'l Statement of Undisputed Facts ¶ 74.
In July 2016, Bearer applied and interviewed for a Senior Director position in Teva's newly created Global Health Ecosystems group. Id. ¶ 119. Along with others, she interviewed with Mike Derkacz, then the “Head of Teva's Global Neuroscience Group, ” and with Marty Berndt, a male, then Teva's Senior Vice President of Global Health Ecosystems and the primary decisionmaker in the hiring process. Id. at 120; Def. Statement of Undisputed Facts ¶ 8 (Doc. 52-4). Despite her understanding that she was a “shoo-in, ” Bearer was not selected for the position. Instead, Kathryn Sweeney, who is female and younger than Bearer, was hired, in part due because Derkacz recommended her to Berndt. Pl. Add'l Statement of Undisputed Facts ¶ 121-124, 127. Bearer was “shocked and distraught” that she was not selected for the position.[4] Id.
In September 2016, upon Derkacz's suggestion that she pursue opportunities in “pricing, ” Bearer agreed to assist with a global pricing project in the Global Health Ecosystems group, which was headed by Berndt, while simultaneously retaining her responsibilities in her current role. Pl. Add'l Statement of Undisputed Facts ¶ 155 (Doc. 62-4). Bearer worked on the project for seven months, until March 2017, during which time she was under the direct supervision of Simon Brooks, who reported to Berndt. Id. ¶ 158; Am....
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