Krohmer v. Am. Airlines, Inc.

• Decision Date: 27 August 2021
• Docket Number: 2:17-cv-01239
• Parties: GEORGE W. KROHMER, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant.
• Court: U.S. District Court — Western District of Pennsylvania

GEORGE W. KROHMER, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant.

No. 2:17-cv-01239

United States District Court, W.D. Pennsylvania

August 27, 2021

OPINION

Mark R. Hornak, Chief United States District Judge

Plaintiff George Krohmer was fired from his job at American Airlines. He alleges that in doing so, American Airlines discriminated against him in violation of Title VII of the Civil Rights Act and the Americans with Disabilities Act (“ADA”) because he is gay and he has AIDS. Plaintiff further alleges that Defendant terminated his employment in retaliation for his engaging in protected activity under Title VII and the ADA, and for taking leave under the Family and Medical Leave Act (“FMLA”). Pending before the Court is a Motion for Summary Judgment filed by Defendant. (ECF No. 52.) For the reasons that follow, Defendant's Motion will be GRANTED in part and DENIED in part.

I. FACTUAL BACKGROUND^[1]

The following material facts are undisputed unless otherwise noted.^[2]

A. Employment at American Airlines

Defendant maintains a Crew Resources Department that is responsible for, among other things, scheduling pilot and flight attendant crews. (Defendant's Concise Statement of Material Facts (“DSMF”), ECF No. 54 ¶ 1.) Defendant hired Plaintiff as a pilot crew scheduler in 2007. (Id. ¶ 2.) In 2008, Plaintiff was transferred from Phoenix, Arizona, to the Pittsburgh Operation Control Center (“OCC”) to continue his work as a crew scheduler. (Plaintiff's Concise Statement of Material Facts (“PSMF”), ECF No. 63 ¶ 2.) As a crew scheduler, Plaintiff reported to various pilot crew supervisors who in turn reported to Crew Resources Manager David Buterbaugh. (DSMF ¶¶ 4-5.) Mr. Buterbaugh reported to the Director of Crew Resources. (Id. ¶¶ 6-7.) Mr. Steve Holliday became the Director of Crew Resources in 2013. (Id. ¶ 7.) Prior to his 2013 promotion, Mr. Holliday was the Manager of System Crew Scheduling for at least ten years. (PSMF ¶ 7.) The Pittsburgh OCC did not have an onsite Human Resources (“HR”) department to assist with personnel matters. (Id. ¶ 13.) Instead, the Pittsburgh OCC partnered with an HR Business Manager who was not physically located in the OCC. (Id.) Between 2012 until April 2014, Ms. Amber Sanders was the HR Business Manager assigned to the Pittsburgh OCC. (Id. ¶ 14.) Ms. Julie Szumski was the subsequent HR Business Manager. (Id. ¶ 15.)

B. Plaintiff's Documented History of Disciplinary Problems at American Airlines

During his tenure with American Airlines, Plaintiff was counseled by supervisors about his workplace conduct and professionalism on at least five documented occasions:

1. In February 2009, Mr. Buterbaugh counseled Plaintiff about his lack of professionalism on a telephone call with one of the Company's pilots. (DSMF ¶ 9.) Plaintiff admitted at the time that he was rude to the pilot and told Mr Buterbaugh that he was working to correct his behavior. (Id. ¶ 10; George Krohmer Deposition (“Krohmer Dep.”), ECF No. 64-2, at 139:9-140:2.) During his deposition in this case, Plaintiff testified that he didn't remember what he did that was rude. (Krohmer Dep., at 139:14-16.)

2. In November 2009, Mr. Buterbaugh counseled Plaintiff after a coworker reported that she felt threatened by Plaintiff and felt that he was acting in an unprofessional and hostile manner. (DSMF ¶ 11; ECF No. 55-2, at 79.)

3. In January 2012, American Airlines suspended Plaintiff for issues relating to his professionalism in the workplace. (DSMF ¶ 13.)

4. In October 2013, American Airlines issued a “final” disciplinary warning to Plaintiff, which cautioned Plaintiff that “any further infractions including inappropriate behavior in the work environment could result in the termination of [his] employment.” (Id. ¶¶ 14-15.)

5. In September 2014, American Airlines issued another “final” warning to Plaintiff after Mr. Buterbaugh concluded that Plaintiff had been discourteous and unprofessional to a vendor hotel manager. (Id. ¶ 16.) This warning encouraged Plaintiff to “take all steps necessary to bring [his] conduct in line with [American Airlines's] standards and expectations” and warned him that “[a]ny further infractions, including unprofessional behavior, may result in the termination of [his] employment.” (Id. ¶ 17.)

Plaintiff had no further disciplinary actions taken against him from September 10, 2014 until June 2015. (PSMF ¶ 44.) On March 13, 2015, however, Mr. Holliday contacted HR Manager Szumski about one of Plaintiff's Facebook posts that Mr Holliday thought was related to a minor workplace dispute between Plaintiff and a coworker. (PSMF ¶ 87; Steve Holliday Deposition, “Holliday Dep., ” ECF No. 64-6, at 88:14-93:23.) In the email, Mr. Holliday admitted that he could not prove that the Facebook post involved anything to do with work, but he commented, “you know the issues we have with [Plaintiff].” (PSMF ¶ 88.) Mr. Holliday testified that it was unusual for someone to forward him information relating to an employee's Facebook post. (PSMF ¶ 87; Holliday Dep., at 93:01-23.)

C. Plaintiff's Termination

1. Alleged Events

From June 1-10, 2015, a newly hired crew scheduler, Ms. Opal Corrica, shadowed Plaintiff for on-the-job training. (DSMF ¶ 18.) On June 16, 2015, Ms. Corrica emailed a complaint to her supervisor, Ms. Sharon Walker, alleging that Plaintiff made inappropriate comments to her during that training period. (Id. ¶ 19; PSMF ¶ 58.) In her complaint, Ms. Corrica reported, among other things, that Plaintiff: (1) stated that he and his partner “will SEXtime every evening, ” as opposed to Facetime; (2) referred to another employee as an “ax murderer” and made “stabbing motion[s] with [his] hand” when the employee would walk by; (3) referred to another employee as having “a preference for transvestites and [being] in the closet”; (4) stated that another employee “needs [sexual] action or a dildo”; (5) suggested that Ms. Corrica have a “mold or impression taken of [her] male companion's genital area and an adult novelty toy created from [the] impression”; and (6) used an “[e]scalated voice and “bark[ed]” at Ms. Corrica while providing instruction. (DSMF ¶ 20; ECF No. 55-3, at 55.)

Upon receipt of Ms. Corrica's complaint, Ms. Walker informed Mr. Buterbaugh of the allegations. (DSMF ¶ 21.) Mr. Buterbaugh then informed Mr. Holliday of the allegations, and Mr. Holliday asked the HR Department to send someone to investigate. (Id.)

2. Ms. Jeanette Gibbs's Investigation

American Airlines suspended Plaintiff with pay pending its investigation into Ms. Corrica's allegations. (Id. ¶ 22.) American Airlines assigned an HR senior specialist, Ms. Gibbs, to investigate. (Id. ¶ 23.) Plaintiff and Ms. Gibbs had not met before she was assigned to investigate Ms. Corrica's allegations. (Id. ¶ 25.) At the time of Ms. Gibbs's investigation into Ms. Corrica's allegations, Ms. Gibbs was unaware that Plaintiff has AIDS or had filed previous discrimination complaints against managers and supervisors in the Pittsburgh OCC. (Id. ¶ 26; PSMF ¶ 70; Jeanette Gibbs Deposition, “Gibbs Dep., ” ECF No. 64-5, at 158:18-161:7.) Ms. Gibbs testified that she did not learn that Plaintiff has AIDS until she was told during her deposition in this case. (Gibbs Dep., at 161:3-161:7.) Ms. Gibbs testified that her investigation included reviewing Plaintiff's personnel file. (Id. at 159:16-22.)

Ms. Gibbs interviewed Ms. Corrica on three separate occasions and Plaintiff on two separate occasions. (DSMF ¶¶ 27-28; PSMF ¶¶ 65-66.) Ms. Gibbs interviewed 19 other Crew Scheduling employees in addition to Ms. Corrica and Plaintiff. (DSMF ¶ 29.) Ms. Gibbs determined on her own who to interview and what questions to ask without input from Mr. Holliday or Mr. Buterbaugh. (Id. ¶ 30.) Ms. Corrica reported to Ms. Gibbs that she took notes in her diary about events that occurred in the workplace, but Ms. Gibbs refused to provide a copy of the diary to Ms. Gibbs. (PSMF ¶ 67; Gibbs Dep., at 58:21-59:19.) Ms. Gibbs did not take any action to force Ms. Corrica to produce her diary. (Gibbs Dep., at 91:08-92:10.)

In addition to the allegations set forth above, Ms. Corrica made the following allegations against Plaintiff: (1) Plaintiff said that he was looking forward to leaving Pittsburgh and that once he left, he would call his coworkers and tell them, “Fuck you”; (2) Plaintiff suggested that Ms. Corrica purchase a dildo as a gift for her training instructor who Plaintiff said had not had sex in years; (3) Plaintiff called another coworker “delusional”; and (4) Plaintiff told Ms. Corrica that American Airlines couldn't do anything to him even though he has disciplinary letters in his file because his boyfriend held a prominent government job and because Plaintiff was seeing a “quack” doctor. (DSMF ¶¶ 31-37.)

Plaintiff denies all of Ms. Corrica's allegations. (Id. ¶ 43.) And there were no third-party witnesses to any of the alleged actions or statements by Plaintiff. (Id.) Ms. Gibbs testified that she did not remember if she asked Ms. Corrica if she had told Plaintiff that his alleged comments offended her. (Gibbs Dep., at 125:24-128:3.) Plaintiff raised his own allegations against Ms. Corrica after he was under investigation. (DSMF ¶ 55.) In addition, Plaintiff testified that, prior to Ms. Corrica's allegations, he had asked a Crew Scheduler to place Ms. Corrica with another trainer. (Krohmer Dep., at 217:8-218:10.)

Ms Gibbs asked each employee interviewed to sign a confidentiality agreement agreeing not to discuss any matters relating to the investigation. (PSMF ¶ 60.) Ms. Gibbs investigated Plaintiff for a possible breach of his confidentiality agreement after he circulated an online mugshot of Ms. Corrica to several of their coworkers. (DSMF ¶ 51; PSMF ¶ 71.)^[3] Ms. Gibbs took no...