Hoy v. Angelone

• Decision Date: 24 November 1998
• Citation: 720 A.2d 745,554 Pa. 134
• Court: Pennsylvania Supreme Court
• Parties: Louise HOY, Appellant, v. Dominick ANGELONE, Gregory Thomas and Village Super Market, Inc. d/b/a Shop-Rite of Easton, Appellees.

554 Pa. 134

720 A.2d 745

Louise HOY, Appellant, v. Dominick ANGELONE, Gregory Thomas and Village Super Market, Inc. d/b/a Shop-Rite of Easton, Appellees.

Supreme Court of Pennsylvania.

Argued February 3, 1998.

Decided November 24, 1998.

Craig J. Smith, John R. Vivian, Jr., Easton, Harold I. Goodman, Philadelphia, for Louise Hoy.

Richard E. Stabinski, Philadelphia, for Dominick Angelone, et al.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

CAPPY, Justice.

In this appeal, we address important issues regarding sexual harassment litigation under the Pennsylvania Human Relations Act (the Act)¹ and under the common law tort of the intentional infliction of emotional distress. For the reasons that follow, we affirm the decision of the Superior Court and remand this matter for final disposition consistent with this opinion.

We granted allocatur to address four issues. The first issue involves the availability of punitive damages under the Act. The second and third issues raise the propriety of the award of counsel fees and costs to a prevailing plaintiff under the Act, and the relevance of weighing the financial resources expended by a defendant as a factor in denying the award of such fees. The final issue is whether it is proper to consider the absence of retaliatory conduct when evaluating a claim of intentional infliction of emotional distress.

A brief recitation of the facts is necessary to resolve the issues raised in this appeal. Appellant, Ms. Louise Hoy, was employed by Appellee, Village Super Market, Inc. d/b/a Shop-Rite of Easton (Shop-Rite), as the only female meat wrapper in the store's meat department. Appellant's tenure with Shop-Rite began in September of 1972 and continued through August of 1994, when the store closed. Appellee Dominick Angelone's (Angelone) employment with Shop-Rite began in 1972. Angelone was first employed as a meat cutter and, in 1980, was promoted to the position of "chief journeyman." He also held the title of "meat manager." Defendant, Gregory Thomas,² became the store manager of Shop-Rite in 1980 and remained in that position at all times relevant to this case. Thomas' responsibilities included supervision of the meat department.

The testimony at trial established that Angelone subjected Appellant to various forms of abusive treatment. Such behavior included sexual propositions, vile and filthy language, off-color jokes, physical contact with the back of Appellant's knee, and the posting of sexually suggestive pictures. Angelone did not disagree that the conduct occurred, rather, he asserted that such behavior was accepted and welcomed by Appellant.

In 1992, Appellant took medical leave from her job in order to receive psychiatric treatment. Appellant's treating physician testified that her condition was caused, at least in part, by the abusive conditions of her workplace. After Appellant returned to work, she provided Thomas with a letter, dated February 1, 1992, requesting that she be transferred to another department. Thomas contended that this was the first time that he became aware of Angelone's treatment of Appellant. Appellant was ultimately transferred from the meat department in October, 1992.

On May 13, 1993, Appellant filed a two count complaint against Shop-Rite, Angelone, and Thomas. Count one alleged unlawful discrimination in violation of the Act. Count two alleged an intentional infliction of emotional distress. After a trial by jury, a verdict was returned in favor of Appellant. Specifically, the jury found that Angelone engaged in conduct constituting sexual harassment toward Appellant; that Angelone was a supervisory employee during the alleged incidents; that Thomas was aware, prior to February, 1992, of the sexual harassment of Appellant and failed to remedy the situation; and that Appellant had proven by a preponderance of the evidence that Angelone intentionally inflicted emotional distress upon her.

The jury awarded Appellant $51,000 for her claims under the Act, $25,000 in damages against Angelone for the intentional infliction of emotional distress, $50,000 in punitive damages against Angelone, $25,000 in punitive damages against Thomas, and $250,000 in punitive damages against Shop-Rite.

Subsequently, the trial court granted judgment n.o.v. and struck the punitive damages awards against Angelone and Thomas. Judgment was entered on the remaining verdicts.

Appellant and Appellees Shop-Rite and Angelone appealed to the Superior Court. In a panel decision with one dissent, the Superior Court, finding sexual harassment by Angelone to be so pervasive that Thomas and Shop-Rite had constructive knowledge of the conduct, affirmed the judgment against Shop-Rite under the Act. However, the Superior Court vacated and reversed the judgment against Shop-Rite for punitive damages, finding that punitive damages were not available under the Act. Finally, the Superior Court found that there was insufficient evidence of outrageousness, and thus, vacated and reversed the judgment entered against Angelone for intentional infliction of emotional distress. President Judge McEwen dissented only to the majority's conclusion that punitive damages are not recoverable under the Act.

The Superior Court also rejected Appellant's contention that the trial court abused its discretion in failing to award attorney's fees and costs under the Act. Judge McEwen concurred in the result but departed from the rationale of the majority, finding that consideration of the amount of financial resources expended by Appellees was not relevant to the issue of entitlement of counsel fees. We granted Appellant's petition for allowance of appeal.

We first consider Appellant's claim that she is entitled to punitive damages under the Act. As with all statutory construction, our analysis begins with the language of the statute. The Act provides in relevant part that:

If the court finds that the respondent has engaged in or is engaging in an unlawful discriminatory practice charged in the complaint, the court shall enjoin the respondent from engaging in such unlawful discriminatory practice and order affirmative action which may include, but is not limited to, reinstatement or hiring of employes, granting of back pay, or any other legal or equitable relief as the court deems appropriate. Back pay liability shall not accrue from a date more than three years prior to the filing of a complaint charging violations of this act.

43 P.S. § 962(c)(3).

While this provision makes no reference to punitive damages, Appellant asks us to interpret the Act to contain an implied right to exemplary damages.

Initially, we note that our Legislature was free to provide for punitive damages under the Act. Indeed, even a cursory survey of other statutory enactments by our Legislature makes clear that it knew how to provide for punitive damages in clear and unambiguous terms.³ Thus, as a starting point, it is reasonable to infer that the General Assembly's use of specific language to permit the award of punitive damages in numerous statutes reflects an intention to allow such a remedy only when expressly provided for.

In requesting this court to read into the Act the remedy of punitive damages, Appellant focuses on that portion of the above-quoted statute, "any other legal or equitable relief" and submits that in accord with the Act's requirement of liberal construction, the Legislature intended a broad reading of the Act's remedies. Appellant argues that legal relief under the Act includes punitive damages.

We believe that Appellant's focus on only one part of the Act's remedy section is unduly limiting. Rather the entire relevant language of the statute must be considered to ascertain the Legislature's intent. When read in full, section 962(c)(3) of the Act limits remedies to "affirmative action, which may include, but is not limited to, reinstatement or hiring of employees, granting of back pay, or any other legal or equitable relief as the court deems appropriate." (emphasis supplied). Applying the canon of statutory construction ejusdem generis, "[g]eneral words shall be construed to take their meanings and be restricted by preceding particular words." 1 Pa.C.S.A. § 1903(b). The general words of "legal or equitable relief" are impacted by the preceding introductory phrase "affirmative action" and the specific remedial examples provided thereafter.⁴ Thus, the seemingly limitless phrase "any other legal or equitable relief" must be construed in this light. Specific examples of the "affirmative action" deemed to be appropriate under the Act are reinstatement, hiring, and back pay. While remedies under the Act are not limited to only these possible remedies, the phrase "any other legal or equitable relief" is clearly a subset of the "affirmative action" which a court may order. Thus, we must consider whether punitive damages are properly awarded as affirmative action for purposes of the Act.

It is critical to note that the Act is remedial in nature. The purpose of the Act is to foster the employment of all individuals in accordance with their fullest capacities, regardless of their, inter alia, sex, and to safeguard their rights to obtain and hold employment without such discrimination. 43 P.S. § 952. Central to the Act is the mission to make persons whole for injuries suffered as a result of discrimination. Likewise, the examples of appropriate remedies offered by the statute are make-whole measures, i.e., reinstatement, hiring, and back pay. We believe that in the context of this statute, "affirmative action" is that action which serves to achieve the remedial goals of the Act. Thus, as used in the Act, affirmative action contemplates make whole measures and remedial action.

Punitive damages are not consistent with this goal of achieving the remedial purposes of the statute and are not a make-whole remedy. Punitive damages are not awarded as an...