Holley v. Port Auth. of N.Y. & N.J.

• Decision Date: 15 September 2017
• Docket Number: Civil Action No. 14-7534-BRM-DEA
• Parties: AMANDA HOLLEY, Plaintiff, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY; PORT AUTHORITY OF NEW YORK AND NEW JERSEY POLICE DEPARTMENT; SUPERINTENDENT MICHAEL A. FEDORKO; CHIEF MICHAEL BROWN; SERGEANT ERICK TORRES; and JOHN AND JANE DOES 1-10, (fictitious names), Defendants.
• Court: U.S. District Court — District of New Jersey

AMANDA HOLLEY, Plaintiff,
v.
PORT AUTHORITY OF NEW YORK AND NEW JERSEY; PORT AUTHORITY OF NEW YORK AND NEW
JERSEY POLICE DEPARTMENT; SUPERINTENDENT MICHAEL A. FEDORKO; CHIEF MICHAEL BROWN;
SERGEANT ERICK TORRES; and JOHN AND JANE DOES 1-10, (fictitious names), Defendants.

Civil Action No. 14-7534-BRM-DEA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

September 15, 2017

NOT FOR PUBLICATION

OPINION

MARTINOTTI, DISTRICT JUDGE

Before this Court is Defendants Port Authority of New York and New Jersey (the "Port Authority"), Superintendent Michael A. Fedorko ("Superintendent Fedorko"), Chief Michael Brown ("Chief Brown"), and Sergeant Erick Torres' ("Sergeant Torres," together with Superintendent Fedorko and Chief Brown, the "Individual Defendants") (all defendants collectively, "Defendants") Motion for Summary Judgment against Plaintiff Amanda Holley ("Plaintiff"). (ECF No. 56.) Plaintiff opposes the Motion. (ECF No. 90.) Pursuant to Federal Rule of Civil Procedure 78(a), the Court heard oral argument on July 17, 2017. (ECF No. 93.) For the reasons set forth below, Defendants' Motion for Summary Judgment is GRANTED in part and DENIED in part.

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I. BACKGROUND

A. Plaintiff's Admission to the Port Authority Recruiting Class

The Port Authority is a bi-state agency created in 1921 between the States of New York and New Jersey with the consent of the Congress of the United States. (Defs.' Statement of Facts (ECF No. 56-1) ¶ 14 and Pl.'s Opp. to Statement of Facts (ECF No. 90-2) ¶ 14.) In 2007, Plaintiff took and passed the Port Authority of New York and New Jersey Police admission test and waited for the Port Authority to hold a recruit class. (Pl.'s Suppl. Facts (ECF No. 90-3) ¶ 1 and Def.'s Resp. to Suppl. Facts (ECF No. 91-8) ¶ 1.) In March 2013, Plaintiff submitted an employment application to the Port Authority seeking a position as a Port Authority Police Officer. (ECF No. 56-1 ¶ 51 and ECF No. 90-2 ¶ 51.) The application contained an "Equal Opportunity Employer Statement," which stated:

Port Authority/PATH policy forbids discrimination because of Race/Color, Religion, Sex, Sexual Orientation, national origin, age and Disability or any other status protected by law. An applicant who believes this policy is not being followed should contact in writing the Manager, EEO Compliance, Diversity & Inclusion at The Port Authority and NY & NJ, 225 Park Avenue South, 10^th Floor, New York, NY 1003.

(ECF No. 56-1 ¶ 52 and ECF No. 90-2 ¶ 52.)

On August 2, 2013, Plaintiff was notified of her acceptance to the 112th Port Authority Academy Class. (ECF No. 56-1 ¶ 53 and ECF No. 90-2 ¶ 53.) The letter indicated that "during this program, [all candidates] must successfully meet all academic, physical performance, attendance and other standards of the Port Authority Police Academy to be appointed as a Police Officer." (ECF No. 56-1 ¶ 55 and ECF No. 90-2 ¶ 55.) Plaintiff also received a letter outlining the requirements of recruits and the expectations of the Academy, which stated:

Your appointment as a Probationary Port Authority Police Officer is contingent upon an acceptable background investigation and

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successful completion of the Police Academy Basic Course. These are the conditions of your employment and failure to meet these conditions WILL result in a recommendation for termination from the Police Academy.

(ECF No. 56-1 ¶ 57 and ECF No. 90-2 ¶ 57.) On August 16, 2013, Plaintiff was hired as a police recruit and started training on August 19, 2013, as a member of the 112th recruit class. (ECF No. 56-1 ¶ 9 and ECF No. 90-3 ¶ 2.) Plaintiff's training at the Academy was to last twenty-one weeks from August 19, 2013, through January 10, 2014. (ECF No. 90-3 ¶ 11 and ECF No. 91-8 ¶ 11.)

The 112th recruit class consisted of approximately 200 recruits, divided into two platoons, Alpha and Bravo. (ECF No. 90-3 ¶ 8 and ECF No. 91-8 ¶ 8.) Each platoon consisted of approximately five or six squads, which are identified by number. (ECF No. 90-3 ¶ 8 and ECF No. 91-8 ¶ 8.) Originally, Plaintiff was assigned to Alpha 3, and then switched to Bravo 3. (ECF No. 90-3 ¶ 8 and ECF No. 91-8 ¶ 8.)

B. The Port Authority's Rules, Regulations, Ethical Standards, and Harassment Policies

On August 16, 2013, Plaintiff attended an orientation session at the Academy. (ECF No. 90-2 ¶ 59.) At the orientation, Plaintiff received various written materials, such as the General Rules and Regulations for All Port Authority Employees; Port Authority Publication, Serving in the Public Interest: The Guide to Port Authority Ethical Standards; Equal Employment Guide for all Port Authority/PATH Employees; BLR Pocket Guide: Preventing Sexual Harassment and Other Forms of Discrimination; Port Authority Diversity Police Statement; Port Authority Policy on Sexual Harassment; Port Authority Equal Employment Opportunity Policy; Port Authority Human Rights Policy; and Port Authority Disability Policy. (ECF No. 56-1 ¶ 60 and ECF No. 90-2 ¶ 60.)

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Plaintiff admits she signed an acknowledgment receipt stating she received the Port Authority Equal Employment Opportunity Policy, Policy on Sexual Harassment and Diversity Policy Statement, which read as follows:

I acknowledge that I received the Port Authority of NY & NJ/Port Authority Trans-Hudson Corporation Equal Employment Opportunity Policy dated May 15, 2009, Policy on Sexual Harassment dated May 15, 2009, and Diversity Policy Statement dated May 15, 2009. I understand it is my responsibility to read and to understand the Policies and to conduct myself in accordance with them. Should I have any questions about the Policies I understand that I may contact Stephanie Leis-Desiree, Manager, Officer of EEO Compliance and Diversity Programs at (212) 435-2845 and/or Wayne Turner, EEO Specialist at (212) 435-2894.

(ECF No. 56-1 ¶ 64 and ECF No. 90-2 ¶ 64.)

The Policy on Sexual Harassment Discrimination & Retaliation (Title VII) ("Sexual Harassment Policy") states: "The Port Authority of New York and New Jersey . . . [has] a long-standing commitment to equal employment opportunity, which includes the absolute prohibition of any and all acts of discrimination, harassment, and/or retaliation on the part of its employees on the basis of [] sex . . . ." (ECF No. 56-18 at 1 and ECF No. 90-3 ¶ 12.) The policy lists, in part, the following as examples of prohibited conduct:

Sexually oriented statements, including sexually offensive comments; repeated sexual jokes and innuendoes; unwanted flirtations, advances or propositions; verbal abuse of a sexual nature; graphic, verbal commentary about an individual's body, sexual prowess or sexual deficiencies; suggestive, insulting, obscene or demeaning comments or gestures; or visual and/or audio presentation of sexual pictures or sexually-related material in the workplace or in a work-related context, including the use of Port Authority authorized telephone lines, computers, mobile devices, internet accounts, or other technologies including personal devices for such purposes.

(ECF No. 56-18 at 2 and ECF No. 90-3 ¶ 13.) Although all employees have an obligation to refrain from engaging in acts of sexual harassment, supervisory, management, and senior staff members

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must interact with others and monitor the work environment to prevent sexual harassment discrimination and/or retaliation and take steps to respond to incidents. (ECF No. 56-18 at 2 and ECF No. 90-3 ¶ 14.)

The Equal Employment Opportunity Policy ("EEO Policy") states the "Port Authority has maintained a long-standing commitment to equal employment opportunity for all employees and applicants for employment." (ECF No. 90-3 ¶ 12 and EEO Policy (ECF No. 56-16) at 1.) Managers and supervisors are responsible for ensuring the effectiveness of this policy. (ECF No. 90-3 ¶ 17 and ECF No. 56-16 at 3.) Complaints made pursuant to this policy need not be made in writing. (ECF No. 90-3 ¶ 18 and ECF No. 91-8 ¶ 18.) All complaints regarding violations of this policy should be made to the Manager of the Port Authority's Office of EEO Compliance Diversity and Inclusion in the Human Resources Department. (ECF No. 56-16 at 2.) "Further, each Department has designated a Department and/or Facility Employee Complaint Representative to provide an additional resource for employees to pursue concerning these highly sensitive issues." (Id.) One may also choose to discuss his/her concerns with his/her supervisor or manager or directly to higher levels of authority within her department or the organization. (Id.) "Each complaint will be reviewed and a prompt, thorough and objective investigation will take place." (Id.) The Port Authority also provided all recruits with a "BLR Pocket Guide" for "Preventing Sexual Harassment and Other Forms of Discrimination." (BLR Pocket Guide (ECF No. 56-14).)

C. The Guidebook and Police Training

On August 19, 2013, Plaintiff received a copy of "The Port Authority of NY & NJ Police Academy Recruit Guidebook 2013" (the "Guidebook"). (ECF No. 56-1 ¶ 66; ECF No. 90-2 ¶ 66; The Guidebook (ECF No. 56-21).) Plaintiff admits she is familiar with the contents of the Guidebook. (ECF No. 90-2 ¶ 68.)

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Port Authority recruits "serve under a probationary status and will not be classified as permanent employees until they have successfully completed twelve (12) months of service as a Probationary Police Officer following their graduation from the Port Authority Policy Academy." (ECF No. 56-21 at 51.) Therefore, before becoming sworn police officers, recruits must attend the Port Authority Police Academy and pass all necessary qualifications. (ECF No. 56-1 ¶ 19 and ECF No. 90-2 ¶ 19.) "If a Recruit['s] . . . conduct, performance of duty, physical standards, sick and/or absence record or academic/performance ratings fail to meet or achieve a satisfactory standard at any time during his/her probationary period, his/her employment may be subject to termination by the Superintendent of Police/Director of Public...