Harley v. Caneel Bay, Inc.

• Decision Date: 22 March 2002
• Docket Number: No. Civ.1999-137.,Civ.1999-137.
• Citation: 193 F.Supp.2d 833
• Parties: Linda HARLEY, Plaintiff, v. CANEEL BAY, INC., Defendant.
• Court: U.S. District Court — Virgin Islands

193 F.Supp.2d 833

Linda HARLEY, Plaintiff, v. CANEEL BAY, INC., Defendant.

No. Civ.1999-137.

District Court, Virgin Islands, D. St. Thomas and St. John.

March 22, 2002.

Archie Jennings, St. Thomas, U.S.V.I., for plaintiff.

David J. Comeaux, Charles E. Engeman, St. Thomas, U.S.V.I., for defendant.

MEMORANDUM

MOORE, District Judge.

In 1995, Caneel Bay, Inc. ["Caneel Bay" or "defendant"], a resort in St. John, U.S. Virgin Islands, hired Linda Harley ["Harley" or "plaintiff"] as part of its groundskeeping department to take care of the plants in its nursery and to assist with other areas at the resort as needed. In May 1997, Caneel Bay hired Oriel Smith ["Smith"] as superintendent of the grounds. Shortly after his arrival, Smith met with Harley to discuss his concerns with her performance. In particular, he expressed concern "with the gross neglect of the plants in the nursery." (Def.'s Mem.Supp.Mot.Summ.J., Ex. G.) At the same time, Smith presented Harley with a memorandum outlining his concerns, but she refused to sign the memorandum, believing Smith's concerns to be unfounded. (Id., Ex. H.) In Harley's view, Smith was unresponsive to her suggestions and "totally disrespectful" of her. (Id., Harley Dep. at 18, 51.)¹ In March of 1998, Smith gave Harley a written warning outlining several problems he and the grounds department experienced with her during the previous year, including, inter alia, her continued neglect of the resort's plants, episodes of unauthorized leave, and general unproductivity. (Def.'s Mem.Supp. Summ.J., Ex. I.) In response to Smith's warning, Harley submitted a nine-page, handwritten letter detailing her own problems with Smith. (Id., Ex. H.) That same day, she submitted her resignation due to the "continual harrassment [sic] and abuse by Ariel Smith," which made her job "totally intolerable." (Id., Ex. J.)

On August 16, 1998, Harley brought this action alleging claims of gender discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 (Count I), wrongful discharge in violation of the Virgin Islands Wrongful Discharge Act, V.I.Code Ann. tit. 24, §§ 71-76 ["WDA"] (Count III), and breach of contract (Count II).² In February 2000, Caneel Bay moved to dismiss Harley's WDA claim under Federal Rule of Civil Procedure 12(b)(6), and subsequently filed an unopposed motion for summary judgment on her Title VII and breach of contract claims. Both motions are before the Court.

I. JURISDICTION AND LEGAL STANDARDS

This Court has jurisdiction over the federal question pursuant to section 22(a) of the Revised Organic Act of 1954³ and 28 U.S.C. § 1331. Supplemental jurisdiction over the territorial claims arises under 28 U.S.C. § 1367.

In considering Caneel Bay's 12(b)(6) motion to dismiss the WDA claim, the Court may dismiss the claim "if it appears certain the plaintiff cannot prove any set of facts in support of [her claim] which would entitle [her] to relief." See Bostic v. AT & T of the Virgin Islands, 166 F.Supp.2d 350, 354 (D.Vi.2001) (internal quotations omitted); see also FED.R.CIV.P. 12(b)(6). At the Rule 12(b)(6) stage, the Court must accept as true all well-pled factual allegations, drawing all reasonable inferences in the plaintiff's favor. See Bostic, 166 F.Supp.2d at 354.

The Court must grant Caneel Bay's motion for summary judgment on Harley's other claims if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue respecting any material fact and that the moving party is entitled to a judgment as a matter of law." FED.R.CIV.P. 56(c); see also Sharpe v. West Indian Co., 118 F.Supp.2d 646, 648 (D.Vi.2000). The non-moving party may not rest on mere allegations or denials, but must establish by specific facts that there is a genuine issue for trial from which a reasonable juror could find for the nonmovant. See Saldana v. Kmart Corp., 84 F.Supp.2d 629, 631-32 (D.Vi.1999), aff'd in part and rev'd in part, 260 F.3d 228 (3d Cir.2001). Only evidence admissible at trial shall be considered and the Court must draw all reasonable inferences therefrom in favor of the nonmovant. See id. For reasons that will become clear below, the Court will first consider Harley's motion for summary judgment.

II. TITLE VII

A. Prima Facie Case and Burden of Proof

As I recently discussed in Rajbahadoorsingh v. Chase Manhattan Bank, 168 F.Supp.2d 496 (D.Vi.2001) and Hazell v. Executive Airlines, 181 F.Supp.2d 444 (D.Vi.2002), the Supreme Court of the United States has established a three-prong test for the viability of a discrimination suit brought pursuant to Title VII. First, the plaintiff "must carry the initial burden under the statute establishing a prima facie case of [unlawful] discrimination." McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). To accomplish this, the plaintiff must show that: (1) he is part of a protected class; (2) he was qualified for his position; (3) despite these qualifications, he was terminated; and (4) he was replaced by a member of a non-protected class or "someone in a non-protected class, otherwise similarly situated, was treated more favorably." See St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 506, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993); Texas Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 n. 6, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp., 411 U.S. at 802, 93 S.Ct. 1817, 93 S.Ct. 1817; Fuentes v. Perskie, 32 F.3d 759, 763 (3d Cir.1994); Hicks v. Arthur, 878 F.Supp. 737, 738 (E.D.Pa.1995), aff'd, 72 F.3d 122 (3d Cir.1995). Under this first prong, "[e]stablishment of the prima facie case in effect creates a presumption that the employer unlawfully discriminated against the employee." Burdine, 450 U.S. at 254, 101 S.Ct. 1089.

Once the plaintiff establishes this presumption, the burden of production shifts to the defendant to "articulate some legitimate nondiscriminatory reason for the employee's rejection." McDonnell Douglas Corp., 411 U.S. at 802, 93 S.Ct. 1817. Under this second prong, the employer has the burden of producing rebuttal evidence. See Hicks, 509 U.S. at 506-07, 113 S.Ct. 2742; see also Burdine, 450 U.S. at 255, 255 n. 9, 101 S.Ct. 1089 (noting that such evidence must be admissible). The employer can satisfy this burden "by introducing evidence which, taken as true, would permit the conclusion that there was a nondiscriminatory reason for the unfavorable employment decision." Fuentes, 32 F.3d at 763 (citing Hicks, 509 U.S. at 507, 113 S.Ct. 2742). This second prong does not require the employer to prove "that it was actually motivated by the proffered reasons. It is sufficient if the [employer's] evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff." Burdine, 450 U.S. at 254, 101 S.Ct. 1089. Even though the burden of production shifts to the defendant, "[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff." Id. at 253, 101 S.Ct. 1089.

Finally, once the defendant has offered a legitimate, nondiscriminatory reason for its actions, the burden of production under the third and final prong shifts back to the plaintiff to show, by a preponderance of the evidence, that the proffered reason is pretextual. See id. at 256, 101 S.Ct. 1089. To satisfy this burden, "the plaintiff must point to some evidence, direct or circumstantial, from which a factfinder could reasonably either (1) disbelieve the employer's articulated legitimate reasons; or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer's action." Fuentes, 32 F.3d at 764 (citing Hicks, 509 U.S. at 511, 113 S.Ct. 2742).

B. Harley's Title VII Claim

I will grant the defendant's motion for summary judgment because Harley's Title VII claim fails to establish a prima facie claim of employment discrimination. In particular, Harley can neither prove that any similarly situated male employees were treated more favorably nor establish that she was constructively discharged.

First of all, Harley's attempt to establish her prima facie case fails on account of her inability to prove that her resignation amounted to a constructive discharge. Harley's complaint focuses solely on the "harsh" treatment by one supervisor, Smith. The Third Circuit Court of Appeals has warned that discrimination statutes should not be "used as a means of thwarting an employer's nondiscriminatory efforts to insist on higher standards." Clowes v. Allegheny Valley Hosp., 991 F.2d 1159, 1162 (3d Cir.1993). But see id. (noting that an employer's use of unreasonably high standards may constitute constructive discharge). The evidence is clear that Smith was a demanding supervisor. (Titre Dep. at 32-33 (stating that Smith was a hard person to work for).) There is, however, no evidence that Smith's standards were unreasonable. It also bears noting that there is no evidence that Harley ever sought alternative means to alleviate her problems, such as seeking a transfer to another position. See Clowes, 991 F.2d at 1162 (stating that "a reasonable employee will usually explore ... alternative avenues before coming to the conclusion that resignation is the only option") (citations omitted). Accordingly, there is no basis for me to find that the working conditions at Caneel Bay were "so unpleasant or difficult that a reasonable person in the employee's shoes would resign." Gray v. York Newspapers, Inc., 957 F.2d 1070, 1079 (3d Cir.1992). Therefore Harley's resignation does not rise to the level of constructive discharge.

Even if Harley's resignation did, in fact, constitute a constructive discharge, her prima facie case would still fail because she is unable to demonstrate that any similarly situated employees were treated more...