Stoud v. Susquehanna Cnty.

• Decision Date: 07 July 2020
• Docket Number: CIVIL ACTION NO. 3:17-2183
• Citation: 471 F.Supp.3d 606
• Parties: Robert STOUD, Plaintiff v. SUSQUEHANNA COUNTY, Defendant
• Court: U.S. District Court — Middle District of Pennsylvania

471 F.Supp.3d 606

Robert STOUD, Plaintiff

v.SUSQUEHANNA COUNTY, Defendant

CIVIL ACTION NO. 3:17-2183

United States District Court, M.D. Pennsylvania.

Signed July 7, 2020

Christopher James Szewczyk, Gerard M. Karam, Mazzoni & Karam, Scranton, PA, for Plaintiff.

A. James Hailstone, Kreder, Brooks, Hailstone, LLP, Scranton, PA, for Defendant.

MEMORANDUM

MALACHY E. MANNION, United States District Judge

Presently before the court is the motion for summary judgment of the remaining defendant Susquehanna County (the "County"), (Doc. 30 ), pursuant to Fed.R.Civ.P. 56. Plaintiff Robert Stoud, a former employee of the County, essentially alleges that his rights under Title VII of the Civil Rights Act of 1964 were violated when he was subjected to a hostile work environment in retaliation for investigating and reporting an incident of sexual harassment alleged by a female subordinate against a County official. For the reasons set forth below, the motion will be DENIED since there are substantial questions of fact as to whether plaintiff was subjected to a hostile work environment, whether plaintiff received an adverse employment action, and whether the alleged abusive actions by the County were in retaliation for his investigation and report of the sexual harassment incident and for filing an EEOC complaint against the County.

I. BACKGROUND¹

The plaintiff initiated this action on November 29, 2017, and brought claims for retaliation and creating a hostile work environment, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. He also asserted state law claims under the Pennsylvania Human Relations Act ("PHRA"), 43 P.S. § 951, et seq. , for retaliation and a hostile work environment. The plaintiff alleges that when he was Chief Clerk of Susquehanna County one of his female subordinates reported an incident of inappropriate conduct by Richard Ely, the Susquehanna County Director of Veterans Affairs.² The plaintiff alleges that after he reported the inappropriate conduct to the County Commissioners, they subjected him to increasing and pervasive harassment and retaliation. Consequently, the plaintiff alleges that he was constructively discharged from the Chief Clerk position and demoted.

Specifically, plaintiff's complaint contains four counts, to wit: (I) Title VII Retaliation; (II) Title VII discrimination/Hostile Work Environment; (III) Retaliation under the PHRA; and (IV) Hostile Work Environment under the PHRA. As relief, plaintiff seeks an injunction to prevent defendants from harassing their employees, monetary damages, including back pay and front pay, punitive damages, equitable relief, attorney's fees, and costs.

In its August 6, 2018 Memorandum, the court allowed plaintiff's claims under Title VII and the PHRA against the County to proceed. However, plaintiff's claims under Title VII and the PHRA against the two defendant County Commissioners, Arnold and Warren, were dismissed.

On November 29, 2018, defendant County filed its motion for summary judgment and its statement of facts. (Doc. 30; Doc. 31 ). After the stay was lifted, the County filed its brief in support of its motion on May 2, 2019. (Doc. 44). Plaintiff filed his response to the County's statement of facts and his brief in opposition with exhibits on May 21, 2019. (Doc. 45; Doc. 46 ).

This court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1343. The court can exercise supplemental jurisdiction over plaintiff's claims under the PHRA pursuant to 28 U.S.C. § 1337. Venue is appropriate in this court since the alleged constitutional violations occurred in this district and all parties are located here. See 28 U.S.C. § 1391.³

II. MATERIAL FACTS⁴

Plaintiff, a retired Corporal with the Pennsylvania State Police who spent a large portion of his career as a criminal investigator, was hired by the County in September of 2012 as the Emergency Management Coordinator. At the time plaintiff was hired, the three County Commissioners were Mary Ann Warren, Allan Hall and Michael Giangreco. In December of 2012, plaintiff was moved to the Director of Public Safety position. Plaintiff held the Director position in addition to the other positions he held throughout his tenure with the County.

In June of 2014, plaintiff became acting Chief Clerk for the County, and in January of 2016, he was appointed Chief Clerk. Also, in 2014, McNamara applied for the position of Administrative Assistant to the County Chief Clerk. She was interviewed by plaintiff and Ely, who was the Director of Human Resources, and also Deputy Chief Clerk. McNamara was hired for the position and began working for plaintiff as his Administrative Assistant.

Subsequently, McNamara was promoted to Deputy Chief Clerk for the County and her salary increased. She reported to plaintiff who was the Chief Clerk. Ely relinquished his position Deputy Chief Clerk since he was busy with his duties as HR Director. As Deputy Chief Clerk, McNamara's had a new set of job duties and responsibilities, including signing for the Chief Clerk in his absence when necessary.

On December 23, 2015, plaintiff was contacted by McNamara, and she reported an alleged incident of unwanted advances by Ely at the County's holiday party. At this time, Ely was the Director of Veterans Affairs for the County. In particular, McNamara stated that when she was leaving for the night after the party, Ely knocked on her window and she opened it halfway. Ely then stuck his face into McNamara's open car window and made "kissy lips at [her] and tried to kiss [her]", and he said "you won't get this offer again." As McNamara sat back in her car seat, Ely pulled his face back and she rolled up her car window.

McNamara then drove out of the parking lot and called plaintiff on her cell phone to report Ely's improper advances towards her. Plaintiff told her to go home and enjoy the holiday, and that he would take care of the incident.

Plaintiff reported the incident the same night to the Commissioners, the County's employment attorney, and the County Sheriff. Plaintiff asked the Sheriff to hold the video tape of the incident which occurred in the County parking lot. At this time, Elizabeth Arnold was not yet a Commissioner. Plaintiff then called McNamara and told her that he called the Commissioners about the incident and told her that it was going to be addressed.

Sometime thereafter, the Commissioners directed plaintiff to investigate the Ely incident. McNamara prepared a written statement about the incident upon the advice of plaintiff. She also gave plaintiff a copy of her statement. Plaintiff also had Ely prepare a written statement about the incident. Plaintiff recommended to the Commissioners that Ely be terminated. However, after plaintiff reported back to the Commissioners, they decided to give Ely a Final Written Warning, as opposed to terminating him, for his inappropriate conduct.

Ely was issued a Final Written Warning on December 30, 2015 by plaintiff regarding the incident with McNamara. Plaintiff advised Ely that if he repeated any harassing conduct in the future, he would be immediately terminated. Plaintiff then notified McNamara about the formal warning Ely received, and she told plaintiff that she felt Ely deserved something more than the reprimand.

Arnold became a Commissioner in early January of 2016, and she filled Giangreco's position when he became County solicitor. After Arnold took office, plaintiff told her about the Ely incident with McNamara.

After he reported the incident, plaintiff stated that Commissioners Arnold and Warren began to constantly harass McNamara and placed her under unfair scrutiny. Plaintiff was also harassed by the two Commissioners and he stated that they retaliated against him for reporting the Ely incident. McNamara also testified that in early 2016 Arnold and Warren began to unfairly criticize and scrutinize her work due to her reporting the Ely incident. She also stated that Warren humiliated her in a public meeting.

Remarkably, soon after McNamara's complaint about Ely, she was assigned by the Commissioners to assist Ely "in a very small office" as he transitioned into his new position as Director of Veteran's Affairs. McNamara told plaintiff, as her supervisor, that she was not comfortable working with Ely and plaintiff reported this concern to the Commissioners. Nonetheless, Commissioners Warren and Arnold still required McNamara to assist Ely for a few weeks. During this time, Ely occasionally yelled at McNamara and got angry at her, and she advised plaintiff of this. However, she had to continue assisting Ely.

Warren also admitted that after McNamara's complaint about Ely, she witnessed a constant animus and harassment towards plaintiff as well as McNamara by Arnold. Warren stated that she saw Arnold treat plaintiff and McNamara in an inappropriate manner. Warren further stated that Arnold alleged plaintiff was having an affair with McNamara and she admitted that the rumors of the affair perpetuated by Arnold undermined plaintiff's authority and credibility.

Arnold also admitted that she spread the rumors of plaintiff's alleged inappropriate relationship with McNamara to others County employees, including the two other Commissioners, i.e. , Warren and Hall. Arnold also admitted that her conduct by spreading the rumor and discussing it with plaintiff's subordinates undermined plaintiff's authority as Chief Clerk. Arnold further admitted that she may have wanted to remove responsibilities from plaintiff.

Plaintiff testified that after he investigated the sexual harassment report against Ely, the retaliatory and harassing actions by Arnold and Warren began. The actions they took against him, included, making personal and derogatory comments against him, increased scrutiny, and undermining his authority as Chief Clerk. Specifically, plaintiff stated that from the early part of 2016 through May 31, 2016, Arnold and Warren subjected him to harassment and retaliation, and...