Grazioli v. Genuine Parts Co.

• Decision Date: 30 December 2005
• Docket Number: No. CIV.A.03-2875 JEI.,CIV.A.03-2875 JEI.
• Citation: 409 F.Supp.2d 569
• Parties: Barbara L. GRAZIOLI, Plaintiff, v. GENUINE PARTS COMPANY (d.b.a. S.P. Richards Company), Defendant.
• Court: U.S. District Court — District of New Jersey

409 F.Supp.2d 569

Barbara L. GRAZIOLI, Plaintiff, v. GENUINE PARTS COMPANY (d.b.a. S.P. Richards Company), Defendant.

No. CIV.A.03-2875 JEI.

United States District Court, D. New Jersey.

December 30, 2005.

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Frost & Zeff, by Gregg L. Zeff, Cherry Hill, NJ, for plaintiff.

Brown & Connery, LLP, by William M. Tambussi, Westmont, NJ, for Defendant.

OPINION

IRENAS, Senior District Judge.

This is an employment discrimination suit filed by Barbara Grazioli against her former employer, S.P. Richards Company ("SPR"). Grazioli asserts that she was fired in retaliation for reporting her supervisor's sexual harassment and because she disclosed to SPR that she suffers from Chronic Obstructive Pulmonary Disease ("COPD"). Grazioli brings claims for hostile work environment discrimination and retaliation under Title VII and New Jersey's Law Against Discrimination ("NJLAD"), as well as claims under the Americans With Disabilities Act ("ADA") and Family Medical Leave Act ("FMLA"). SPR moves for summary judgment on all counts.¹

I.

Grazioli began her employment at SPR's Moorestown, New Jersey, branch as an administrative assistant in August, 1998.² Almost a year later, in the summer of 1999, Grazioli was relocated within the office to the Customer Service area due to the hiring of new employees. She moved to a desk directly in front of Craig Brodsky, who became her supervisor. In addition to a new desk and a new supervisor, Grazioli took on new responsibilities as a customer service representative.

Grazioli and Brodsky were friendly with each other and on a few occasions they socialized at parties outside the office. They also lived in the same apartment complex and sometimes shared rides to work. Neither party asserts that there was any sort of romantic relationship between Grazioli and Brodsky.

Grazioli asserts that Brodsky's behavior at work changed after she got married in 2000 and progressively worsened until she was terminated in 2002. When she returned from her honeymoon Brodsky allegedly commented to her that she "should be limping or look like [she] had a horse between [her] legs because [she] was riding [her husband] all weekend long." (Grazioli Dep. at 191).

On a daily basis thereafter Grazioli claims Brodsky, while sitting right behind her, sang in a woman's voice a song he made up that went "my pussy, my pussy, my tight little pussy." (Id. at 197) Once a week or more Brodsky allegedly commented on other female employees' genitalia and at least once told Grazioli that her breasts looked big. He often allegedly referred to a lesbian co-worker as a "pussy-licker." (Id. at 190) Grazioli testified that he was "constantly degrading" by "simulating a blow job" behind the backs of women who knelt down to retrieve items from Brodsky's filing cabinet. (Id. at 189) She maintains that "every time" Brodsky made a "sexual" or "vulgar" comment she told him "you're turning my stomach, you're a pig, can you not control yourself, there is something wrong with you." (Id. at 190) A few times Grazioli became so upset by Brodsky that she went to the bathroom at work and cried, and / or cried at home when she told her husband what happened. (Id. at 197; Nestor Dep. at 26).

Kelly Perkins, another female employee in the office, also testified that "Monday through Friday" Brodsky made "offensive, sexually related comments and hand gestures." (Perkins Dep. at 30-31) She described how Brodsky used words such as "fuck" and "cunt" and referenced "blow jobs" "as part of his general conversation throughout the day." (Id. at 31) She also testified that "[h]e had a song that he sang every day, and he called it the pussy song. And basically what it consisted of was that word with a melody, just repeated over and over and over again." (Id.).

Salina Nestor, a third female employee from the office, also testified that "two to three times a week" Brodsky used the word "pussy," often repeating it: "pussy, pussy, pussy, pussy ... just like that." (Nestor Dep. at 24).

Grazioli was terminated on April 1, 2002. The parties' explanations for her termination vastly differ. Grazioli contends she was fired because she finally put her complaints about Brodsky in writing³ and recently disclosed to SPR that she had COPD. SPR asserts that Grazioli was dismissed for dishonestly obtaining free dinner cruise tickets under the guise of planning an event on the company's behalf.

On Monday, February 4, 2002, Grazioli personally delivered a note to Eileen Fitzpatrick, Operations Manager at SPR's Moorestown branch and Brodsky's direct supervisor, after an incident which Grazioli characterized as "the last straw." (Zeff Cert. Ex. E) The previous Friday (February 1) Grazioli missed work to be with her sister who was having a baby. (Grazioli Dep. at 207) When Grazioli called into work, Brodsky was allegedly "hysterical" about Grazioli's absence, using the words "fuck" and "stupid cunts" in reference to the other women in the office who "can't handle anything."⁴ (Id.)

In her note, Grazioli wrote, "When you get a chance today please get with Frank Fisher⁵ — I need to schedule a meeting about the way Craig has been harrassing [sic] me — I deal with a lot of things but I can't take the way he treats me anymore — Friday was the last straw! Something needs to be done about it immediately." (Zeff Cert. Ex. E)(emphasis in original)

According to Grazioli, Fitzpatrick asked her why she was "being a shit-stirrer" but said Grazioli "would get an apology within two weeks." (Grazioli Dep. at 209) Grazioli further asked for a meeting with Fisher but Fitzpatrick told her "not to involve him" and to "get the `F' out of her office." (Id. at 213) When no other action was taken in response to her note, Grazioli alleges she verbally followed up with Fitzpatrick in mid-February and Fisher in early March but nothing was ever done. (Id. at 224-25)

Grazioli was diagnosed with COPD on March 18, 2002. She asserts that she told Fitzpatrick about her diagnosis the next day, explaining that while she "would be okay," she might need to take days off for doctor visits. (Grazioli Dep. at 180) Before Grazioli's diagnosis, she once expressed concern about her health to Brodsky. (Id. at 179-80) Brodsky allegedly responded that she "better have the worst disease in the world" and that Grazioli could "be gone" because SPR "doesn't like people taking time off." (Id.) SPR disputes Grazioli's version of events, claiming that she never told anyone at SPR that she had COPD.

Prior to her COPD diagnosis, Grazioli took three separate short term disability leaves for respiratory infections.⁶ (Id. at Exs. D-13 — D-16) Each time she requested leave she signed SPR's Short Term Disability Benefits Application which read: "I understand that while out on Short Term Disability my time will count toward Family Medical Leave." (Id.)(emphasis in original) Thus, SPR asserts that they provided Grazioli FMLA leave concurrent with her short term disability leave. While Grazioli does not dispute that she was granted short term disability leave, she does dispute that she was also granted concurrent FMLA leave.

SPR asserts that Grazioli was fired because of one incident involving the Spirit of Philadelphia, a dinner cruise company. The parties do not dispute that Grazioli completed and returned Spirit of Philadelphia's business reply card which offered a free promotional dinner cruise for corporate event planners. (Zeff Cert. Ex. H) Lynde Wolk, the Business Account Manager for Spirit of Philadelphia, called Grazioli on February 27, 2002, to determine whether Grazioli was eligible for the free cruise. The parties dispute exactly what Grazioli said during the telephone conversation. However, they agree that Grazioli told Wolk that she planned events for SPR.⁷ Shortly thereafter, Spirit of Philadelphia sent two complimentary tickets to Grazioli's attention at SPR. Grazioli claims she never received the tickets but if she had, she would have given them to Fitzpatrick.

Fitzpatrick and Fisher, apparently learned the details about Grazioli's arrangements with Spirit of Philadelphia from Wolk.⁸ Based on information from Wolk and the unexplained appearance of Wolk's business card on Fisher's desk,⁹ Fitzpatrick and Fisher concluded that Grazioli made misrepresentations to Spirit of Philadelphia in order to get free tickets for her personal use. Fitzpatrick contacted SPR's headquarters in Smyrna, Georgia, to request assistance in "investigating" Grazioli's "misrepresentations." (Fitzpatrick Dep. at 183) In response to headquarters' directive to "document" the situation, Fitzpatrick immediately drafted a four paragraph memorandum which was received and reviewed by Henry Martin, Vice President of Human Resources, detailing all that she had discovered and concluded. (See Fitzpatrick Dep. Ex. 9) Relying solely on the memorandum and telephone communications with Fitzpatrick and Fisher, Martin decided that Grazioli's conduct warranted termination. (Martin Decl. ¶ 15) According to SPR, the discovery of Grazioli's communications with Spirit of Philadelphia, Fitzpatrick's communication with headquarters, Fitzpatrick's creation of the memorandum, and Martin's decision to fire Grazioli all occurred on March 15, 2002.

Although Martin states that he had already made the decision to terminate Grazioli, he decided to wait to tell Grazioli until completing further investigation. (Id.) The investigation included a meeting between Grazioli, Fitzpatrick, and Fisher on March 22, 2002. Grazioli acknowledged sending the business reply card. She was immediately placed on suspension and then terminated on April 1, 2002.

II.

"[S]ummary judgment is proper `if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of...