Deans v. Kennedy House, Inc.

• Decision Date: 25 February 2014
• Docket Number: Civil Action No. 11–7125.
• Citation: 998 F.Supp.2d 393
• Parties: Carlos DEANS, Plaintiff, v. The KENNEDY HOUSE, INC., et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

998 F.Supp.2d 393

Carlos DEANS, Plaintiff,

v.The KENNEDY HOUSE, INC., et al., Defendants.

Civil Action No. 11–7125.

United States District Court,

E.D. Pennsylvania.

Feb. 25, 2014.

Carlos Deans, Philadelphia, PA, pro se.

Katchen Locke, New York, NY, Katharine Thomas Batista, Marjorie Kaye, Jr., Jackson Lewis LLP, James F. Runckel, Samuel L. Spear, Spear, Wilderman, Borish, Endy, Spear and Runckel, Philadelphia, PA, for Defendants.

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

Table of Contents

I.

Background

400

A.

Childcare Issues

B.

Medical Absence and Termination

403 C.

Grievance Procedure

405

II.

Procedural History

407

III.

Legal Standard

408

IV.

Discussion

408

A.

Defendants' Motions for Summary Judgment

409

1.

Gender and Race Discrimination Claims

409

a.

Claims Against the Kennedy House Defendants

409

b.

Claims Against the Union Defendants

413

2.

Hostile Work Environment

415

3.

Retaliation and Retaliatory Discharge

416

a.

Claims Against the Kennedy House Defendants

416

b.

Claims Against the Union Defendants

417

4.

Hybrid § 301/Fair Representation Claim

418

5.

ERISA Claim

420

B.

Plaintiff's Motion for Summary Judgment

421

V.

Conclusion

421

Plaintiff Carlos Deans brings this action ¹ against his former employer, Defendant Kennedy House, Inc., and his union, Service Employees International Union, Local 32BJ, as well as individual defendants Thomas Smith, Robert McMillan, Vaughn Johnson, and James Giblin (collectively, “Defendants”). After conducting discovery, the parties filed cross motions for summary judgment. For the reasons that follow, the Court will grant Defendants' motions in their entirety and deny Plaintiff's motion.

I. BACKGROUND

Plaintiff Carlos Deans is an individual who was employed by the Kennedy House from August 21, 2007, until approximately February 10, 2011, to perform general housekeeping functions. Pl.'s Resp. Kennedy House Statement Facts ¶¶ 1–2, 91, ECF No. 90. Defendant Kennedy House, Inc., is a corporation that operates a residential building in the City of Philadelphia (the “Kennedy House”). Kennedy House Statement Facts ¶ 1, ECF No. 73–2. Defendant Local 32BJ is a local union affiliated with the Service Employees International Union (the “Union”). The Union is the exclusive bargaining agent for the employees in the bargaining unit at the Kennedy House. Union Statement Facts ¶¶ 22, 23. At all relevant times, Deans was a member of the bargaining unit. Decl. Thomas Smith ¶¶ 1–4, ECF No. 77. The Union and the Kennedy House have entered into a collective bargaining agreement (“CBA”). Because Deans was a member of the bargaining unit, his wages and the terms of his employment were covered by the CBA. Among other things, the CBA barred the Kennedy House from discharging or disciplining an employee “except for just cause.” Pl. Mot. Summ. J., Ex. GG, CBA 4, ECF No. 71–49. The CBA also provided for a “progressive discipline schedule” ² and established a process for resolving disputes or grievances between the employer and the Union or the employee. Id.

This case arises from several contentious issues Deans had with the Kennedy House and the Union during the last year of his employment. Those issues can be roughly grouped into two categories: (1) issues regarding the Kennedy House's responses to tardiness and attendance problems arising from Deans's childcare responsibilities; and (2) issues regarding Deans's medical absence from work in January 2011 and the subsequent termination of his employment.

A. Childcare Issues

The issues arising from Deans's childcare responsibilities began in the summer of 2010. Throughout 2010, Deans would often leave work at around 3:00 in the afternoon, apparently to take care of his children.³ Kennedy House Mot. Summ. J., Ex. A, Giblin Aff. ¶ 17, ECF No. 73–4; Pl.'s Resp. Kennedy House Statement Facts ¶¶ 43, 45. According to Kennedy House General Manager James Giblin, that departure time was improper, as Deans's official hours were from 7:30 a.m. until 3:30 p.m., Monday through Friday.⁴ Kennedy House Statement Facts ¶¶ 3, 43–45. Deans disagrees, claiming that Giblin had given him permission to leave at 3:00 p.m., and that he had been doing so since 2009 without suffering any disciplinary action. Pl.'s Resp. Kennedy House Statement Facts ¶¶ 43, 45. Giblin acknowledges that Deans had asked for and received permission to leave at 3:00 p.m. on several occasions, but contends that Deans did not have authorization to leave early on a regular basis until September 2010. Kennedy House Statement Facts ¶¶ 43–45.

On June 25, 2010, Deans was summoned for a disciplinary meeting with Giblin and Vaughn Johnson, Deans's immediate supervisor (the “First Meeting”). Pl.'s Resp. Kennedy House Statement Facts ¶ 46; Pl. Mot. Summ. J., Ex. I, First Meeting Notes, ECF No. 71–49. The notes from that meeting indicate that its purpose was to address “the many times that [Deans] had called out due to some problem finding child care for his children.” First Meeting Notes. At the meeting, Giblin told Deans that frequently calling out of work “shows disrespect for his co-workers and the Kennedy House,” and that Deans had to “set up contingency plans to attend to his child care needs that would not prevent him from meeting his workplace obligations.” Id. Giblin also issued Deans a verbal warning—the first step in the CBA's progressive discipline process—and he explained that Deans “would be treated more harshly in the future if he does not correct this problem now.” Id. The meeting notes indicate that Deans “promised he would find some way to handle his home problem without it affecting his work responsibilities.” Id. It also appears from the notes that Giblin briefly addressed some concerns about Deans's work performance, namely that he took too many breaks during the day. Id. Deans signed the meeting notes, certifying that he agreed with their contents, but later submitted a letter disputing the basis for the discipline. Id.; see also Pl. Mot. Summ. J., Ex. J, Objection Letter, ECF No. 71–49. In particular, Deans said that there was no tally of the number of times he had called out, and that the claim that he took excessive breaks was “untrue and without merit.” Objection Letter.

In addition to the statements documented in the meeting notes, both Giblin and Deans agree that, during the June 25th meeting, Giblin asked Deans whether he was the “breadwinner” in his household. Giblin Aff. ¶ 22; Mem. Support Pl. Mot. Summ. J. 5, ECF No. 71–1. Deans, who is African–American, attributes the comment to race and gender-based discriminatory animus, and he further claims that Giblin “urged [him] to resign by stating ‘[t]his isn't a good fit for you’ ... and encouraging [him to] take on more traditionally feminine work roles,” such as “something in customer service.” ⁵ Mem. Support Pl. Mot. Summ. J. 5. Giblin, on the other hand, says that he asked Deans if he was the breadwinner to emphasize that, “if he was the breadwinner, then his responsibilities to his employer were important.” Giblin Aff. ¶ 22. Giblin disputes that his comment reflected any discriminatory intent, and he emphasizes that he never made any comments “referencing or relating to [Deans's] race and/or gender.” ⁶Id. ¶ 24.

About a month later, on July 21, 2010, Deans was again called in for a disciplinary meeting, this time with Giblin, Johnson, and Union Shop Steward Robert McMillan (the “Second Meeting”). Pl. Mot. Summ. J., Ex. K, Second Meeting Notes, ECF No. 71–49. Prior to the meeting, Giblin had reviewed Deans's time cards for the previous several months and concluded that Deans had been late eleven times in seventy-three days, for a total tardiness of four hours and fifty-four minutes. Id. At the meeting, Giblin explained that Deans “continues to come in late, especially on the weekends, but does not always call to inform his relief,” and he reiterated that Deans “has to be at work when he is scheduled.” Id. Giblin also noted several work performance issues. Id. Due to those alleged problems, Giblin issued Deans a written warning, which is the second step in the CBA's progressive discipline process. Id.; see also CBA 4.

Following the Second Meeting, Deans filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) and the Pennsylvania Human Relations Commission (“PHRC”) on August 10, 2010 (the “First EEOC Charge”). Pl. Mot. Summ. J., Ex. B, EEOC Charge 2–3, ECF No. 71–49. The charge alleged claims of gender discrimination and retaliation, and it asserted that Deans was “being disciplined for not fitting into a traditional male role model as breadwinner, having my spouse be responsible for childcare issues.” Id.; see also Pl. Mot. Summ. J., Ex. A, EEOC Intake Questionnaire 3–6, ECF No. 71–49.

On September 7, 2010, Deans received a memorandum from Giblin regarding additional tardiness issues. Pl. Mot. Summ. J., Ex. M, Sept. 7 Tardiness Memo, ECF No. 71–49. The memorandum noted that Deans had been four minutes late to work on September 1, 2010, and five minutes late to work the following day. Id. It further informed Deans that he would be docked fifteen minutes of pay and would be subject to further discipline if he continued to arrive late to work. Id. Deans admits that he was late to work as described, but claims that he was being singled out for discipline for minor offenses in retaliation for his EEOC charge. Pl.'s Resp. Kennedy House Statement Facts ¶ 68. In response, the Kennedy House points to several similar memoranda issued to other tardy employees.⁷See Kennedy House Mot. Summ. J., Exs. I, J, M, and N, ECF Nos. 73–12, 73–13, 73–16, 73–17.

About a week later, on September 15, 2010, Deans met with Giblin to discuss changes to his work schedule. Pl. Mot. Summ. J., Ex. N, Work Schedule Memo, Sept. 15, 2010, ECF No. 71–49. According to the memorandum documenting the meeting, Giblin offered Deans two schedule options:

Option 1: Change your shift to: 7 a.m. until 3 p.m. Wednesday, Thursday & Friday each week.

Option...