Dean v. Phila. Gas Works
| Decision Date | 28 June 2021 |
| Docket Number | CIVIL ACTION NO. 19-4266 |
| Parties | JOSEPH DEAN, Plaintiff, v. PHILADELPHIA GAS WORKS, Defendant. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
MEMORANDUM
Joseph Dean sued Philadelphia Gas Works, his former employer, claiming that PGW discriminated and retaliated against him in violation of Title VII of the Civil Rights Act and the Pennsylvania Human Relations Act. He also alleges PGW subjected him to a hostile work environment in violation of Title VII. PGW moves for summary judgment on all claims. After thoroughly reviewing the Parties' submissions and record evidence, and holding oral argument, the Court grants the Motion in all respects.
PGW hired Dean, a white male, as a Field Services Helper in December of 2017. (Pl.'s Statement of Undisputed Material Facts ("SUMF") ¶ 1, ECF 43-2); (Def.'s SUMF ¶ 1, ECF 41-1.) Helper is an entry-level, unionized and twelve-month probationary position. (May 27, 2021 Hr'g Tr. 5:21-6:10, 7:6-17, ECF 58); (Def.'s SUMF ¶¶ 3, 7). Helpers assist more senior Field Services employees with their duties, which include fixing gas leaks and other customer issues. See (May 27, 2021 Hr'g Tr. 7:1-17).
Helpers must earn a promotion to Field Service Cadet, a position that handles service calls independently, to remain employed with PGW beyond their probationary term. (Pl.'s Ex. 1, Dean Dep. Tr. 49:6-12, ECF 43-3)1; (Def.'s SUMF ¶ 8). According to Dean, to be promoted a Helper must pass an Operator Qualification test required by the Department of Transportation Pipeline Hazardous Materials Safety Administration. (Pl.'s Ex. 1 at 49:13-20.) According to PGW, Helpers must both pass the OQ test and successfully complete Cadet School. (Def.'s SUMF ¶ 9)2; (Def.'s Ex. F, Def.'s Answer to Interrogatories 6, ECF 41-3.) Cadet School includes eight days of classroom training during which Helpers are given quizzes worth fifty percent of their overall school score. See (Def.'s Ex. F 9). After classroom training, Field Specialists train Helpers in the field for at least fifteen days. (Id.) Helpers who struggle with field work may receive three additional training days. (Id.) At the end of all training, Helpers take a final examination worth the remaining fifty percent of their overall score. (Id.) PGW claims Helpers must achieve an overall score of at least seventy tocomplete Cadet School "successfully." (Def.'s Ex. L, Dean Training Report); (Def.'s Mot. for Summary Judgment 6, ECF 41-2.)
Between June and August of 2018, before he began Cadet training, Dean reported white co-worker Dylan Rutledge to a union representative and two Field Operations Supervisors for making racist remarks about African Americans. (Pl.'s SUMF ¶¶ 3-5.) Among other comments, at one point Rutledge called Dean a n***** lover. (Pl.'s Ex. 1 at 39:12-18, 40:15-23.) PGW investigated Rutledge's conduct, including by interviewing Dean and other union employees, and fired Rutledge on September 10 for using racial epithets. See (Pl.'s SUMF ¶¶ 7-9); (Def.'s Ex. X, Rutledge Termination Ltr.). Dean believes Rutledge is PGW supervisor Gerard Gaydosh's nephew, (Pl.'s Ex. 1 at 97:4-6)3, and says after he reported Rutledge he was harassed and intimidated at work, see (Def.'s June 15, 2021 Ltr. to Court, Dean Dep. Tr. 152:1-10, ECF 61 ()). Before Dean participated in PGW's investigation, union representatives Joseph Cipparone and Michael Hudson told him "change your story or else you will know what is good for you." (Pl.'s Ex. 1 at 46:15-18); (Pl.'s SUMF ¶ 10.) After Rutledge was fired, an "atmosphere of harassment and intimidation pervaded [Dean's] entire [Cadet] training." (Pl.'s Resp. to Mot. for Summary Judgment 18.)
Dean began Cadet School the same day PGW fired Rutledge, and he claims on his second day Cipparone and Hudson told his class he was a "rat and a snitch." (Pl.'sSUMF ¶¶ 11, 13.) Specialists called Dean a rat and a snitch throughout his field training, sometimes instead of answering his questions and once while he was undergoing an evaluation. (Id. at ¶¶ 21-22.)4 Other employees also called him a rat and a snitch throughout training and told him he was not going to make it. (Id. at ¶ 28.) Dean says he told a supervisor he was being harassed and retaliated against for reporting Rutledge three or more times during Cadet School but the harassment continued. (Pl.'s SUMF ¶¶ 24, 31); (Pl.'s Ex. 1 at 55:23-56:24, 60:16-19.) The supervisor does not recall these reports. See (Def.'s Ex. O, Baldwin Dep. Tr. 26:4-10); (Def.'s Ex. Z, Rohrer Investigation Summary Report).
Once during training, employees falsely accused Dean of having the answers to the OQ test. (Pl.'s SUMF ¶ 25.) PGW labor relations met with Dean on September 21, 2018 because management received reports Dean was bragging about having the test answers and claiming he was related to PGW CEO Craig White. See (Def.'s Ex. G, McDonald Dep. Tr. 65:8-17, 66:10-12, 69:14-19). Dean was not disciplined for the OQ test answer allegations, (Def.'s SUMF ¶¶ 16-17), but he claims that after the meeting White walked up to him, told him he was a "disgrace to the white race" and walked away. (Def.'s June 15, 2021 Ltr. to Court, Dean Dep. Tr. 134:10-135:9.) He did not report White's comment to anyone after it happened. (Def.'s June 15, 2021 Ltr. to Court, Dean Dep. Tr. 135:16-19.)
Dean performed poorly in Cadet School. He failed several quizzes, received a forty-eight on his final exam and achieved an overall Cadet School score of sixty-two.See (Pl.'s SUMF ¶ 14); (Def.'s SUMF ¶ 21); (Def.'s Ex. J, Dean OQ Examination Transcript); (Def.'s Ex. K, Dean Fail Cadet School Exams); (Def.'s Ex. L, Dean Training Rpt.). Dean says his exams "were administered under a cloud of harassment and intimidation, which began on September 11, 2018," and "were not graded impartially." (Pl.'s Resp. to Def.'s SUMF ¶¶ 19-20.) PGW points out the exams were multiple choice or otherwise objective. (Def.'s SUMF ¶ 20); (May 27, 2021 Hr'g Tr. 9:5-11, 30:9-18); see also (Def.'s Ex. K).
Dean fared no better in field training. He received the three additional training days after Specialists repeatedly reported he was "not ready for the field" during his first fifteen, though he says he received extra time only to make up testing he missed while at his September 21 meeting with labor relations . See (Pl.'s Ex. 1 at 57:1-20); (Def,'s Ex. H, Dean Termination Ltr.); (Def.'s Ex. L). After his training ended, a Field Training Supervisor evaluated Dean on October 19 and concluded he "lacks the judgment and aptitude required to safely perform the duties of a Field Service Cadet." (Def.'s Ex. M, Dean Field Evaluation.) Among other things, the Supervisor noted Dean failed to locate or discover two gas leaks, which is a "main objective to maintain safety for [employees] and for the customers." See (id.); (May 27, 2021 Hr'g Tr. 9:20-22).
Notwithstanding his Cadet School performance, Dean believes he was promoted to Cadet on October 15, 2018 because he passed his OQ test and claims on that day he received a pay raise, a route to independently handle service calls, authorization to use a PGW vehicle without supervision and a locker. See (Pl.'s SUMF ¶¶ 19, 35); (Pl.'s Ex. 1 at 75:2-13, 76:2-5, 164:5-165:2). His service card, the only record evidence of his compensation, does not show a change in job title or pay raise in or around October of2018. (Def.'s Ex. A, Dean Service Card); (May 27, 2021 Hr'g Tr. 68:13-15.) PGW says Dean never received a promotion, and to the contrary after Dean's field evaluation a Manager arranged to assign him "filing and general clerical work" away from the field. See (Def.'s Resp. to Pl.'s SUMF ¶ 19); (Def.'s Ex. N, Delgado Aff. ¶ 43.)5
Dean says he spoke on October 29 with the same supervisor to whom he previously reported experiencing harassment and retaliation and the supervisor recommended he contact Human Resources Senior Business Partner Mathew Rohrer. (Pl.'s SUMF ¶ 33); (Pl.'s Ex. 1 at 60:20-61:1, 61:19-62:13, 74:3-8.) Dean called Rohrer on October 30 around 8:00 or 9:00 a.m., and Rohrer interviewed him in person around 12:45 p.m. that day. (Pl.'s SUMF ¶ 32); (Pl.'s Ex. 1 at 62:5-22.) During the interview, Dean told Rohrer union employees had been retaliating against him ever since he reported Rutledge and he believed he was going to be fired because of the report. (Id. at 62:18-22); (Def.'s SUMF ¶ 37.)6 Dean also filled out a Complaint Intake Form, wherehe wrote that after he reported "someone who was racist and uncle is a big shot" he was being called a rat and a snitch, told he would not make it and was once falsely accused of having OQ test answers. (Pl.'s Ex. 1 at 72:22-73:10); (Def.'s Ex. T, Dean Complaint).
Dean was fired several hours after his interview. (Pl.'s Ex. 1 at 81:4-17); (Def.'s SUMF ¶ 39.) PGW told Dean it was firing him because of his performance, (Pl.'s Ex. 1 at 67:14-15, 81:4-7, 81:15-17), and PGW says although the timing of Dean's termination aligned with his complaint it had decided to fire him before he complained, see (Def.'s SUMF ¶¶ 27-29, 39); (Def.'s Mot. for Summary Judgment 1).
According to PGW's Director of Corporate Labor Relations, all Helpers who do not successfully pass Cadet School are terminated. (Def.'s Ex. G at 44:18-45:9.) Once field services and labor relations receive information about employees' Cadet School performance, management arranges separate meetings with those who failed to inform them about their performance and fire them. See (id. at 44:18-45:9, 45:13-46:25); (Def.'s SUMF ¶ 27). After management learned Dean performed poorly on his exams and during his field evaluation, the Director of Corporate Labor Relations, Senior Vice President of Human Resources, Labor and Corporate Communications, Director of Employee Relations, Development and Support Services, Manager of Labor Relations, and Manager of Field Services Administration decided...
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