E.E.O.C. v. California Psychiatric Transitions
| Decision Date | 04 August 2009 |
| Docket Number | No. 1:06-CV-01251-OWW-GSA.,1:06-CV-01251-OWW-GSA. |
| Citation | 644 F.Supp.2d 1249 |
| Court | U.S. District Court — Eastern District of California |
| Parties | EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. CALIFORNIA PSYCHIATRIC TRANSITIONS, INC., Defendant. |
Dana C. Johnson, U.S. Equal Employment Opportunity Commission, Los Angeles, CA, Evangelina Patricia Hernandez, Raymond T. Cheung, Govt., U.S. Equal Employment Opportunity Commission, San Francisco, CA, for Plaintiff.
Henry Charles Truszkowski, Hewitt & Truszkowski, North Hollywood, CA, for Defendant.
This case involves allegations of sexual harassment, retaliation, and constructive discharge at California Psychiatric Transitions, Inc ("CPT"). Plaintiff Equal Employment Opportunity Commission ("EEOC") alleges that CPT subjected a number of its female employees to a hostile environment created by sexual and gender harassment which culminated in adverse employment actions in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Plaintiff seeks to correct these alleged unlawful employment practices and obtain relief for Mariel Somera ("Somera") and Valeria Soares ("Soares"), the charging parties.
Plaintiff EEOC seeks summary adjudication on the statutory prerequisites for bringing a suit under Title VII. CPT cross-moves for summary adjudication, arguing that the EEOC has not satisfied Title VII's statutory prerequisites as to charging party Somera and those "women similarly situated." CPT also seeks summary adjudication on Somera's constructive discharge claim, Soares' retaliation and hostile work environment claims, and the EEOC's requests for punitive damages.
EEOC's motion for summary adjudication, filed on May 4, 2009, addresses whether it satisfied Title VII's statutory prerequisites to commence litigation on behalf of Soares, Somera, and similarly situated women. (Doc. 37.) The EEOC seeks summary adjudication that a prima facie case is established for: (1) Soares' hostile work environment and retaliation claims; (2) Somera's hostile work environment and constructive discharge claims; and (3) the aggrieved parties' hostile work environment claim.
CPT moved for summary adjudication on May 4, 2009. (Doc. 40.) As to Somera, CPT argues that the EEOC's constructive discharge claim is barred on three grounds: 1) her EEOC charge was untimely; 2) the EEOC failed to provide notice and opportunity to conciliate on the discharge claim; and 3) Somera sought to be rehired after quitting and, therefore, was not constructively discharged.
As to Soares, CPT seeks to summarily adjudicate the following claims: 1) her sexual harassment claim fails as the harassing events she experienced did not rise to an actionable level; and 2) her retaliation claim fails because Soares did not engage in protected activity and the EEOC cannot demonstrate a pretextual dismissal. CPT does not challenge that Somera meets Title VII's jurisdictional prerequisites.
CPT also moves to dismiss the EEOC's claims for punitive damages on behalf of Somera and Soares.
The EEOC is an independent federal agency created by Congress in 1964 to eliminate discrimination in workplaces across the United States. The EEOC is charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, and is expressly authorized to bring this action on behalf of Soares and Somera pursuant to §§ 706(f)(1) and (3).
Charging party Soares is a female employed by Defendant CPT from October 2003 to April 2004. Soares was hired by CPT as a mental health worker ("MHW"). Her duties included counseling residents, daily charting, and monitoring symptoms for medical and behavioral changes. Soares primarily worked the evening shift at the re-entry facility and was supervised by Larry Fuentes and Barbara Kelly.
Charging party Somera is a female employed by Defendant CPT from February 2003 to December 2003. Somera was hired by CPT as a dietary aid and primarily prepared meals for CPT's residents. Soares was one of five dietary aids supervised by Sherry Wall.
CPT operates a mental health rehabilitation facility in Delhi, California. CPT contracts with the State of California and various other agencies to provide patients with residential mental health rehabilitation, treatment, and long term care. At all relevant times herein, CPT's President and Medical Director was John T. Hackett, M.D. and its Facilities Director was James T. Drayton. At all relevant times, CPT employed between 25 and 85 persons. (Doc. 40, 2:12-2:13.)
CPT also employed Larry Fuentes, the focus of Soares and Somera's allegations. Fuentes was CPT's lead MHW and worked the day shift in 2003 and 2004. Fuentes was supervised by Barbara Kelly and remained employed at CPT throughout the tenures of Soares and Somera.
1. CPT's Employee Manual
In 2001, CPT issued a comprehensive Employee Manual which remained in effect until revised in 2005. (Drayton Dec. ¶ 7; Ex. B ("CPT Emp. Manual") at CPT 0314-0317.) The Employee Manual is provided to all employees for review during the initial orientation period. (Id.) Copies are maintained at CPT and immediately accessible to all employees upon request. (Id.) The Employee Manual includes a policy statement regarding harassment in the workplace and the duties and responsibilities of CPT employees. (Id.) In addition, all employees receive sexual harassment training during orientation. (Id.) In-service training is provided on a regular and recurring basis. (Id.)
Somera began working at CPT as a dietary aide on about February 6, 2003. (Plaintiff's Statement of Disputed Facts (hereinafter "DF") 1).1 As part of Somera's orientation, Fuentes gave Somera a tour of the kitchen. (DF 2.) He showed her around the kitchen and to the walk-in refrigerator/freezer. (DF 2.) After showing Somera the freezer, Fuentes stopped in the exit door and told her to stay there because he wanted to see her nipples get hard. (DF 2.) He laughed and then proceeded to show her the rest of the kitchen. (DF 2.)
Over the course of Somera's employment, she alleges that Fuentes engaged in a pattern of "obnoxious sexual behavior." Somera states that Fuentes would stand behind her and thrust his hips in a way suggestive of sexual intercourse. (DF 3.) This behavior began about two or three weeks after Somera started at CPT. (DF 3.) Fuentes also frequently grabbed his crotch in front of CPT employees, including Somera.2 (DF 4.)
Somera complained to her supervisor, Sherry Wall, about Fuentes' behavior during her orientation, and also about him grabbing his crotch in front of her and others. (DF 5.) This was consistent with CPT's policy, which directed employees to complain to their direct supervisors. (DF 6.) Wall responded that Somera should not worry, and that Wall would talk to CPT's Business Manager, Donna McGowan, about it. (DF 7.) Between one and three months after her first complaint, Wall told Somera that she had told Donna McGowan about Somera's complaint, and asked Somera if Fuentes had said or done anything else. (DF 8.) Somera responded that Fuentes had come up from behind and thrust his hips simulating sex. (DF 8.) Wall responded that she would talk either to McGowan or Dr. Hackett. (DF 8).
Somera maintains that Fuentes' harassment escalated during her employment. According to Somera, Fuentes began bragging that he had sex in the kitchen with another employee and that this individual "gave good head" and "was a good lay." (DF 9.) Fuentes also touched Somera's hips and asked her if she was wearing thong underwear and, also, the color of her underwear. (DF 10.) Fuentes also looked down her blouse when she bent over. (DF 11.) Wall observed one such episode, and Wall assured Somera that she would report it. (DF 12.) Wall reported the episode to McGowan. (DF 13).
Fuentes also started wiggling his pierced tongue and remarked that he could satisfy Somera's sexual desires. (DF 15.) Somera states she told him, "That's nasty," to which he would respond, Somera witnessed Fuentes engage in the same behavior with other female workers and patients. (DF 15.) She never saw him wiggling his tongue to men. (DF 15.)
In late 2003, Somera received more responsibility in the kitchen, including scheduling the staff and creating nametags for the patients, both of which required her to use the computers located on the second floor. (DF 16.) Fuentes left six or seven love letters to her on the computer. (DF 16.) Fuentes also tried to look down her blouse when she was seated at the computer, and commented something to the effect of, "Shit, babe, you got nice boobs," or "Girl, you have nice tits." (DF 17.)
In September 2003, Somera complained to Wall that Fuentes was touching her buttocks and asking her and other women if they were wearing thong underwear. (DF 18.) In November 2003, Somera asked Wall what was happening with her complaint about Fuentes. (DF 21.) Wall later told her that she had brought Somera's complaints to the Director of Nurses, Barbara Kelly. (DF 20.) Around this same time, Donna McGowan or Kelly conveyed Somera's complaint about Fuentes to Drayton. (DF 21.)
As a result, Kelly interviewed Fuentes, informed him of the complaint, and admonished him to stay away from the kitchen. (Defendant's Statement of Undisputed Facts (hereinafter "DSUF") 58.) Kelly also followed up with Somera. (Id.; DF 22.) According to CPT, Kelly offered Somera alternative work arrangements, but Somera declined the offer. (DSUF 50.) The EEOC disputes that Fuentes was disciplined as a result of Somera's complaints and that Kelly offered Somera an...
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