Paraohao v. Bankers Club, Inc., 01-2622-CIV.

• Decision Date: 28 August 2002
• Docket Number: No. 01-2622-CIV.,01-2622-CIV.
• Citation: 225 F.Supp.2d 1353
• Parties: Bessie PARAOHAO, Plaintiff, v. BANKERS CLUB, INC., and Clubcorp., Inc., Defendants.
• Court: U.S. District Court — Southern District of Florida

225 F.Supp.2d 1353

Bessie PARAOHAO, Plaintiff, v. BANKERS CLUB, INC., and Clubcorp., Inc., Defendants.

No. 01-2622-CIV.

No. 01-2622-CIV.

United States District Court, S.D. Florida.

August 28, 2002.

Andrew Clifford Hall, Adam Jason Lamb, Hall David & Joseph, Martin Ira Berger, Samole & Berger, Miami, for Bessie Paraohao, plaintiff.

Michael William Casey, III, Patricia Bango Diaz, Muller Mintz, Miami, for Banker's Club, Inc., Clubcorp, Inc., defendants.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BANDSTRA, United States Magistrate Judge.

THIS CAUSE came before the Court on Defendants' Motion for Summary Judgment (D.E.24) filed on April 30, 2002.¹ On August 13, 2002, the Court conducted a hearing on this motion, pursuant to Fed. R.Civ.P. 56, and heard oral argument of counsel. Thereafter, the Court reviewed the court file including the depositions and exhibits submitted by the parties. Following full review, and in consideration of applicable law, it is hereby

ORDERED AND ADJUDGED that Defendant's Motion for Summary Judgment is GRANTED for reasons stated below.

INTRODUCTION

This is an action brought by plaintiff, Bessie Paraohao, to redress alleges sexual discrimination, sexual harassment and other wrongs at her former place of employment, the Bankers Club in Miami, Florida, and unlawful retaliation by her employer following her complaint of such harassment. Essentially, plaintiff alleges that she was subjected to a hostile work environment by her supervisor, Michael Alvarez, based on a series of alleged sexual comments and sexual advances by Alvarez over the course of several months in 2000. Plaintiff brings her claims pursuant to Title VII of the Civil Rights Act of 1964, and Section 760.10 of the Florida Civil Right Act, as well as Florida common law.

Defendants, Bankers Club, Inc. and Clubcorp., Inc., have denied all allegations of wrongdoing and, following a period of discovery, have moved for summary judgment on all claims pursuant to Fed. R.Civ.P. 56(c).

Undisputed Facts²

Plaintiff, Bessie Paraohao, commenced employment at the Bankers Club as a server in February 2000. Plaintiff was thirty-six (36) years old at the time. Shortly after commencing employment, plaintiff was transferred to the accounting department to assist Michael Alvarez, the club accountant. Michael Alvarez was sixty-seven (67) years old at the time. Plaintiff was initially paid $9.00 an hour and was raised to $10.00 an hour shortly after commencing her employment.

Plaintiff and Alvarez worked together in the accounting department between April and August 2000. Plaintiff enjoyed working in the accounting department and needed to work because of her personal financial situation. Alvarez trained plaintiff as an accounting assistant and supervised her work. Plaintiff worked nearly fulltime in the accounting department but her hours varied occasionally and she was sometimes assigned to other work in the club such as serving and hostess positions. Nevertheless, plaintiff enjoyed her employment responsibilities in the accounting department very much and wanted to work fulltime in that department.

Sometime after April 2000, plaintiff and Alvarez began developing a personal and business relationship outside of the office. Plaintiff testified that she and Alvarez met for dinner and drinks on more than one occasion to discuss business opportunities together including real estate and an Internet sales operation. Plaintiff was interested in such opportunities to support her income; and Alvarez appeared to have experience and the financial ability to facilitate a business venture together. Plaintiff and Alvarez met frequently after work and discussed various business possibilities. Alvarez and plaintiff frequently drove together to various locations in Alvarez's vehicle, after which he dropped her at her vehicle parked in the Metrorail parking lot near plaintiff's home.

Between April and August 2000, plaintiff and Alvarez also developed a personal relationship with each other resulting in Alvarez expressing his affection to plaintiff on several occasions. Plaintiff and Alvarez met frequently for drinks and dinner at local restaurants; and plaintiff invited Alvarez to her home now and then when her husband was away. On one occasion, plaintiff and Alvarez engaged in sexual activity in Alvarez's vehicle at the Metrorail station. Alvarez called plaintiff the following day and briefly discussed the event. Plaintiff insisted that she allowed Alvarez to touch her in a sexual manner simply to make Alvarez happy — but then admitted that she, enjoyed the activity "a little." Plaintiff also allowed Alvarez to meet her daughters, take photographs of her in her home, and call her on the telephone. Plaintiff frequently used Alvarez's credit card to pay for gasoline, airline tickets, and other purchases, after which she reimbursed Alvarez for the charges. Plaintiff also discussed personal matters with Alvarez, such as her relationship with her husband and other men in her life.

Plaintiff's personal relationship with Alvarez led to increased familiarities inside the office. Alvarez frequently made sexually-oriented comments to plaintiff— commenting on her clothes, her walk, and his physical interest in her. On one occasion, Alvarez masturbated in plaintiff's presence in the accounting office. Plaintiff disliked Alvarez's sexual comments, his attempts to touch her in the office, and the increased frequency of such behaviors. While insulted by such conduct, plaintiff never complained to any co-workers or managers of the Bankers Club or told anyone else about Alvarez's inappropriate conduct until August 2000.³ Plaintiff was concerned that she might not be believed if she complained to her employer about Alvarez; or that she might lose her job if she mentioned the subject to her employer.

In early August 2000, plaintiff decided to confront Alvarez about his conduct and ask him to change. Up to then, plaintiff had condoned Alvarez's behavior believing that he was simply a sick man whose conduct would pass. Also, plaintiff and Alvarez had gone into business together; and she continued to use Alvarez's credit card and accept small loans from him for personal matters. In early August 2000, plaintiff met with Alvarez at a local restaurant and asked him to change his behaviors. Alvarez said he could not do so.

Seeing no alternative, plaintiff returned to work and spoke to a co-worker, Stacy Goldworn, about the situation. Plaintiff merely told Ms. Goldworn that a person in the office was bothering her in a sexual way and asked her for advice. Goldworn called plaintiff that same evening to discuss the matter and then reported the matter to John Collier, the general manager of the Bankers Club.

The next day, August 10, 2000, Collier summoned plaintiff to his office and asked her about the problem. Plaintiff told Collier that Alvarez had been bothering her by saying sexual things to her. Plaintiff also reported that Alvarez had masturbated in her presence in the office. However, plaintiff did not tell Collier of her personal relationship with Alvarez, their frequent out-of-office meetings together, their business relationship, or their sexual encounter together. Nevertheless, Collier took immediate action by separating plaintiff from Alvarez— moving her to a hostess position for the remainder of the day. Plaintiff was not told that the transfer was permanent, and she continued to work at the Bankers Club at the same pay rate and benefits. Collier also spoke to Alvarez about plaintiff's complaint as part of his investigation.

On August 14, 2000, plaintiff returned to work and asked to transfer back to the accounting department. Collier expressed concern but allowed plaintiff to do so after she signed a form acknowledging the investigation conducted by the Bankers Club of her complaint of sexual harassment by Alvarez, the Bankers Club's offer of other positions, and her desire to return to the accounting department working for Alvarez. Plaintiff returned to that department pursuant to her request; but only worked a couple of days before resigning her employment. Plaintiff refused to return to work, as requested by Collier, or to take a few days off before making a final decision. Instead, plaintiff filed a complaint with the Equal Employment Opportunity Commission as a pre-requisite to this lawsuit.

STANDARD OF REVIEW

The court in reviewing a motion for summary judgment is guided by the standards set forth in Rule 56(c) of the Federal Rules of Civil Procedure which provides as follows:

.... The judgment sought shall be rendered forthwith 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 law ....

The moving party bears the burden of meeting this exacting standard. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). Further, in addressing whether the moving party has satisfied this burden, the court is required to view the evidence and all factual inferences arising therefrom in the light most favorable to the non-moving party. Clemons v. Dougherty County, Ga., 684 F.2d 1365, 1368 (11th Cir.1982), citing, Adickes v. S.H. Kress & Co., 398 U.S. at 157, 90 S.Ct. at 1608; Augusta Iron & Steel Works v. Employers Insurance of Wausau, 835 F.2d 855, 856 (11th Cir.1988). If the record presents issues of material fact, the court must deny the motion. Adickes v. S.H. Kress & Co., 398 U.S. at 157, 90 S.Ct. at 1608. The nonmoving party, however, cannot rest upon mere allegations, but must rebut any facts properly presented by the moving party through affidavits or other evidence demonstrating the existence of a genuine and material issue of fact for trial. Id. at 398 U.S. 155, 90 S.Ct. at 1607. Moreover, summary judgment is...