Shawley v. Jim Shorkey 1 White Oak, LLC
| Decision Date | 16 May 2022 |
| Docket Number | Re: ECF 39,Civil Action 20-710 |
| Parties | SYLVIA LYNNE SHAWLEY, Plaintiff, v. JIM SHORKEY 1 WHITE OAK, LLC, doing business as JIM SHORKEY AUTO GROUP also known as JIM SHORKEY FAMILY AUTO GROUP, Defendant. |
| Court | U.S. District Court — Western District of Pennsylvania |
Plaintiff Sylvia Lynne Shawley (“Shawley”) brings this action against her former employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-l, et seq. (“Title VII”), the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (“ADA”), and the Equal Pay Act, 29 U.S.C. § 206(d) (“EPA”), arising out of allegations that she suffered harassment, discrimination and retaliation because of her sex and disability.
Presently before the Court is a Motion for Summary Judgment filed by Defendant Jim Shorkey 1 White Oak, LLC (“Jim Shorkey”). ECF No. 39. For the reasons below, the Motion for Summary Judgment is granted in part and denied in part.[1]
A. Factual Background
Jim Shorkey hired Shawley as a Human Resources (“HR”) Manager on February 10, 2015. ECF No. 37 ¶ 1. Her title was later changed to HR Director. Id.
As HR Director, Shawley managed HR tasks for 500 employees at seven Jim Shorkey locations. ECF No. 43 ¶ 12. Her responsibilities included: onboarding employees; enrollment of health benefits; conflict resolution; investigating allegations of misconduct; unemployment compensation claims; answering phone calls from employees; corporate compliance; and handling ADA and FMLA claims. ECF No. 37 ¶ 36. Shawley also supervised multiple HR employees, including Heather Weinberg (“Weinberg”), Nicole Hayes (“Hayes”), and Karen Gourdie (“Gourdie”). ECF No. 43 ¶ 83. This position required computer skills, including knowledge of the Microsoft Office suite of products. ECF No. 37 ¶ 38.
Shawley worked out of a Kia dealership in North Huntingdon, Pennsylvania (“North Huntingdon location”), where she had an open-door policy for employees. Id. ¶ 2; ECF No. 43 ¶ 17. She could access certain HR systems remotely, as needed. ECF No. 43 ¶ 18; ECF No. 44-7 at 6.
Brian Yarlett (“Yarlett”) has worked at Jim Shorkey for over 26 years. ECF No. 37 ¶ 3. He was hired as a mechanic, and he became the Maintenance Manager in 2014. Id. Yarlett performs his job at various Jim Shorkey dealership buildings, including the North Huntingdon location. Id. As a result, Shawley sometimes saw Yarlett at work. Id. Jed Michael (“Michael”), the General Operations Manager, supervised both Yarlett and Shawley during the relevant time period. Id. ¶¶ 3, 5.
In November 2016, Yarlett and Shawley began a consensual, romantic relationship. Id. ¶ 7. Both Yarlett and Shawley were married to others when their relationship began. Id.
In August 2017, Shawley and Yarlett disclosed their relationship to Michael. Id. ¶ 9. Shawley offered to, but did not, resign from her position at that time. Id. Jim Shorkey management did not object to their relationship, and it was not prohibited by company policy. ECF No. 43 ¶¶ 24, 27.
As Shawley and Yarlett's relationship progressed, they discussed separating from their spouses and moving forward exclusively with each other. Id. ¶ 20. Shawley filed for divorce and moved out of her home. ECF No. 44-2 at 7.
On June 11, 2018, Yarlett abruptly ended his romantic relationship with Shawley. ECF No. 37 ¶ 13.
After Yarlett ended their relationship the morning of June 11, 2018, Shawley texted Michael to call off of work that day. Id. ¶ 14. She also spoke with Michael on the phone, and he visited her in person at her home. Id. ¶ 16. Shawley told Michael that she was devastated and did not know how she could be around Yarlett. Id. She requested to work from a different location, such as her home, Panera Bread Company, or the North Hills or Uniontown dealership locations, so that she would not have to work around Yarlett. Id. ¶ 24; ECF No. 38-1 at 27.
Shawley claims that Michael told her she would have no problem getting a bartending job with her “who-ha or [her] tatas.” ECF No. 37 ¶ 17. At the end of their meeting, Shawley hugged Michael and told him that she loved him. Id. ¶ 18.
The next day, Michael met with Shawley at work. ECF No. 43 ¶ 48. During this meeting, Shawley sent the following email to Michael:
Effective today June 12, 2018 I am resigning my position here at the Jim Shorkey Family Auto Group for personal reasons. I am extremely grateful to the group for the opportunity to be part of something so exciting. I am extremely sorry for my shortcomings and the effect on the organization.
ECF No. 37 ¶ 19; ECF No. 38-7.
Despite this, Shawley claims that she did not intend to resign her employment, that Michael directed her to send a resignation email, and that she did not resign voluntarily or willingly. ECF No. 43 ¶ 49. Instead, she claims that management forced her to resign in order to receive money that she was owed. Id. According to Shawley, Michael told her that Jim Shorkey wanted to “sever ties with [her]” because “it would create too much gossip.” ECF No. 44-2 at 20.
After Shawley sent this email, Michael took her to the common area to say goodbye to her coworkers. ECF No. 43 ¶ 54. In front of a group of female co-workers, Michael said that Shawley would have no trouble getting a bartending job with her “tatas.” Id. One of Shawley's subordinates, Hayes, said that Michael's comment about Shawley being “well endowed” made her “uncomfortable.” Id. ¶ 56 At 6:45 p.m., Shawley texted Michael: ECF No. 37 ¶ 20.
Yarlett was not terminated. He continues to work at Jim Shorkey. ECF No. 43 ¶ 63.
Before her relationship with Yarlett ended, Shawley had a pre-existing diagnosis of anxiety, with a history of panic attacks. Id. ¶ 40. She sometimes managed her anxiety with prescription medication authorized by her treating physician. Id. ¶ 43. No one at Jim Shorkey knew about her diagnosis before June 2018, except for her co-workers Yarlett and Gourdie, an HR employee. ECF No. 37 ¶ 23; ECF No. 43 ¶ 59.
Shawley sought mental health treatment after her relationship ended. On June 11, 2018, she called a crisis hotline. ECF No. 37 ¶ 15. Several days later, she sought treatment for depression and anxiety at the Excela Hospital emergency room. Id. ¶¶ 21-22.
On May 16, 2018, Shawley met with Jim Shorkey III and Russell Shorkey to discuss her compensation. Id. ¶ 10. Jim Shorkey III and Russell Shorkey are co-owners of Jim Shorkey. Id. ¶¶ 4, 6. Jim Shorkey III is the Chief Operating Officer and handles day-to-day operations for the business. Id. ¶ 4. Russell Shorkey is the Chief Financial Officer. Id. ¶ 6.
Before the meeting, Shawley presented an email with her qualifications and a document from Glass Door that purported to show average salaries for HR Directors from Westmoreland County. Id. ¶ 11. During the meeting, she objected to being paid less than two male employees, Reggie Little (“Little”) and Andy White (“White”). ECF No. 43 ¶ 32; ECF No. 44-6 at 12.
Jim Shorkey III and Russell Shorkey suggested that it was unprofessional for Shawley to refer to other employees' payroll data for this purpose. ECF No. 43 ¶ 34. They declined to increase Shawley's compensation on May 16, 2018, and they asked for Shawley to develop a plan for her role as HR Director in the future. ECF No. 37 ¶ 12.
Shawley's annual salary in 2018 was $62, 499.00. Id. ¶ 28. She was paid less than two male employees, Little and White. Id. ¶¶ 26-28.
(1) Little
Little's salary in 2018 was $75, 000. Id. ¶ 27. He was hired as a detailer in 2008. Id. ¶ 34. He became a paintless dent removal (“PDR”) specialist in 2010, then the PDR Manager in 2018. Id. In order to be a PDR Manager, Little was required to know how to perform PDR and to train others to do the work. Id. He was sent to school to obtain certifications from vendors so that he could perform the repairs. Id.
As PDR Manager, Little trained two employees to perform PDR and do interior repairs, and he was also responsible for preparing repair orders. Id. At this time, Jim Shorkey increased Little's salary from $53, 223.08 to $75, 000 to offset incentive pay that Little would lose by training individuals instead of working on vehicles. Id. ¶ 27. Little worked out of the North Huntingdon location. Id. ¶ 34. He reported to the Body Shop Supervisor, Sean Williams, and his director supervisor was Mike Opal. Id. ¶¶ 27, 34.
(2) White
White's salary in 2018 was $65, 199.98. Id. ¶ 26. White was hired as the Parts Manager in March 2011. Id. ¶ 29. He became the Service Manager in 2013. Id. White helped to set up the Ford store using his knowledge of the CDK software, an operational software that includes central accounting inventory and parts inventory for the dealerships. Id. ¶ 30.
White became the Information Technology (“IT”) Director in 2016. Id. ¶ 31. As IT Director, he was the administrator for the CDK software. Id. ¶ 32. His duties included answering IT tickets for employees with computer, email, fax or phone issues, and assisting in special projects to set up software, computers and phones for new dealerships. Id. ¶ 31. During the relevant time, White did not supervise anyone. ECF No. 43 ¶ 89. His direct supervisor was Russell Shorkey. Id. ¶ 32. B. Procedural History
Shawley filed her Complaint on May 14, 2020. ECF No. 1. Jim Shorkey filed...
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