Tegler v. Global Spectrum

• Decision Date: 14 February 2018
• Docket Number: Civil No. 15–1730 (JBS/AMD)
• Citation: 291 F.Supp.3d 565
• Parties: Judith Gayle TEGLER, Plaintiff, v. GLOBAL SPECTRUM and Comcast–Spectacor, Defendants.
• Court: U.S. District Court — District of New Jersey

291 F.Supp.3d 565

Judith Gayle TEGLER, Plaintiff,

v.GLOBAL SPECTRUM and Comcast–Spectacor, Defendants.

Civil No. 15–1730 (JBS/AMD)

United States District Court, D. New Jersey.

Signed February 14, 2018

Michelle J. Douglass, Esq., MY RIGHTS LAWYERS EMPLOYMENT LAW GROUP, LLC, 424 Bethel Road, Somers Point, NJ 08244, Attorney for Plaintiff

Jonathan David Ash, Esq., Wayne E. Pinkstone, Esq., Eileen Powers, Esq., FOX ROTHSCHILD LLP, 997 Lenox Drive, Building 3, Lawrenceville, NJ, -and- Nathan Michael Buchter, Esq., FOX ROTHSCHILD LLP, 1301 Atlantic Avenue, Midtown Building, Suite 400, Atlantic City, NJ 08401, Attorneys for Defendants

JEROME B. SIMANDLE, U.S. District Judge

I. INTRODUCTION

This is a case originally brought in the Superior Court of New Jersey by Plaintiff Judith Gayle Tegler against her former employer, Defendant Global Spectrum, L.P. ("Global Spectrum"), and its parent corporation, Comcast–Spectacor. The case was removed to this Court on March 9, 2015 by Defendants. [Docket Item 1.] Plaintiff alleged that her termination by Global Spectrum in 2014 violated the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19.1 et seq. ("CEPA"), the age discrimination prohibition of the New Jersey Law Against Discrimination, N.J.S.A. 10:5–1 et seq. ("NJLAD"), and the prohibition against retaliation under the Family Medical Leave Act, 29 U.S.C. § 2617 ("FMLA"). [Docket Item 1–1 at 21–24.]

Pending before the Court is Defendants' Motion for Summary Judgment [Docket Item 46].

For the reasons set forth below, the Court will grant in part and deny in part Defendants' Motion for Summary Judgment.

II. BACKGROUND¹

A. Procedural Background

On or about January 26, 2015, Plaintiff filed a complaint in the Superior Court of New Jersey, Law Division, Atlantic County against four parties: Global Spectrum, Comcast–Spectacor, Comcast Corporation (the parent corporation of Global Spectrum and Comcast–Spectacor), and the Casino Reinvestment Authority ("CRDA"). [Docket Item 1–1 at 4.] Plaintiff alleged that she had been wrongfully terminated from her position as Human Resource Management by Global Spectrum in violation of CEPA, NJLAD, and FMLA. [Id. at 21–24.] Plaintiff alleged both age discrimination under NJLAD and FMLA retaliation, but the bulk of her complaint centered on the claim that she had been wrongfully terminated after attempting to blow the whistle on allegedly wrongful and/or discriminatory or harassing workplace behavior by a Global Spectrum employee named Ryan Stouffer, as well as Global Spectrum supervisors' failure to adequately investigate or address the same. [Id. at 7–9.]

Defendants removed the case to federal court on March 9, 2015, pursuant to 28 U.S.C. §§ 1441(a) on the grounds that Plaintiff's FMLA claim alleged a cause of action arising under a federal statute, and the Court could exercise supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a) over Plaintiff's CEPA and NJLAD claims. [Docket Item 1 at 2.]

Subsequently, Comcast Corporation and CRDA were dismissed with prejudice on February 26, 2016 after Plaintiff filed a Stipulation of Dismissal. [Docket Item 24.] The remaining Defendants filed the instant motion for summary judgment [Docket Item 46]; Plaintiff filed a Response in Opposition [Docket Item 49]; and Defendants filed a Reply [Docket Item 54].

B. Factual Background²

Plaintiff was hired by Global Spectrum, a wholly owned subsidiary of Comcast–Spectacor, in December of 2013. Global Spectrum terminated her employment in December of 2014, when Tegler was 61 years old.

Before her employment with Global Spectrum, Plaintiff held a variety of operational, training, and human resources positions with Harrah's Entertainment from 1980 through 2007. In 2007, her position at Harrah's corporate human resources department was eliminated and she was laid off.

SMG is a venue management company that managed the Atlantic City Convention Center and Boardwalk Hall from 2000 to 2013. SMG is not affiliated with Global Spectrum or Comcast–Spectacor.

In November of 2007, SMG hired Plaintiff as a Human Resources Manager for the Atlantic City Convention Center and Boardwalk Hall. As a part of that position, she investigated complaints and ensured compliance with state and federal laws, among other duties.

In June of 2012, while employed by SMG, Plaintiff participated in an investigation of Ryan Stouffer ("Stouffer"), a fellow SMG employee, which involved an allegation by another SMG employee, John Sarkos (the "Sarkos Incident"). This incident involved Stouffer and his supervisor at the time, altering a large poster of a woman in a bikini, hugging a man, by placing Sarkos's face over the woman's face and then placing the poster in Sarkos's office. [Docket Item 46–1 at 47.] According to Plaintiff, the incident also involved photographing the poster and sending the picture via text message to other employees. [Docket Item 49–1 ¶ 47.] As a result of the Sarkos Incident, SMG Corporate Human Resources Manager Charlotte Jones made the determination to issue a "final warning" to Stouffer with the implication that any further issues would lead to Stouffer's termination; Plaintiff was responsible for preparing the final warning, giving it to Stouffer and discussing it with him. [Id. at ¶¶ 48, 47.]

Plaintiff alleges that, while at SMG, she received and investigated a number of other complaints about Stouffer from other SMG employees, including complaints from the union shop steward, Jeanette Bundy ("Bundy") that "Stouffer had engaged in race motivated conduct, harassment that involved sexually motivated behavior and inappropriate conduct." [Docket Items 49–1 ¶¶ 47, 49; 46–4 at 64.]

Plaintiff also testified about an incident where Stouffer made a comment about a woman (possibly a female colleague) "wearing a really tight low cut top and something about cleavage." [Docket Item 49–1 ¶¶ 60–61.] Stouffer was also the subject of complaints from two other women who stated that Stouffer teased them about their appearance and related conduct, including complaints made by an SMG employee (later employed by Global Spectrum as well) named Heather Monacelli. [Id. ¶ 62.] The complaints made by Monacelli extended through her and Stouffer's employment by Global Spectrum. [Id. ] Tegler testified that Stouffer "would tease [Monacelli] about her appearance often and a couple of times she came to [Tegler] and said, you know, ‘It's offensive. Please ask him to stop.’ " She also testified that in March of 2014, Monacelli complained to her that " ‘[H]e's always doing this and he—I don't like the way he watches—I don't like him walking behind me because of the way he looks at me and watches me walk.’ " [Docket Item 46–4 at 85.]

Plaintiff also testified that Bundy made complaints to her about Stouffer's conduct that involved "violations of various union contract provisions such as scheduling, seniority, [and] pay[.]" [Docket Item 49–1 ¶ 57.] Bundy also complained to Plaintiff regarding Stouffer and race. [Id. ¶ 57; Docket Item 49–2 at 20.] While Plaintiff did not come to the specific conclusion that Stouffer had made any comments regarding the race of an employee while at SMG, Plaintiff discussed the situation that led to Bundy's complaint with Stouffer and reminded him of SMG's policies; per Plaintiff, Stouffer denied the conduct and "he would promise that he wouldn't do it again." [Docket Item 49–2 at 20.]

In September of 2013, while still employed at SMG, Plaintiff was investigated for allegedly sharing Stouffer's confidential medical information with Stouffer's direct supervisor. [Docket Item 46–1 ¶ 53.] Plaintiff denies sharing such information and states that she was never disciplined while employed at SMG. [Docket Item 49–1 ¶¶ 53, 54.]

Plaintiff has stated that in November or early December of 2013, Stouffer was involved in an incident where he allegedly "lost his temper and screamed and swore at" Maggie Santos, the SMG Director of Events. [Docket Item 46–1 ¶ 63.] Plaintiff states that she told Global Spectrum's Corporate Human Resources Manager, Nicole Orlosky, about this incident; in response, Orlosky told Plaintiff that Global Spectrum would not elevate Stouffer from acting Public Safety Manager to permanent Public Safety Manager. However, Orlosky left Global Spectrum shortly thereafter. [Docket Item 49–1 ¶ 63.]

At approximately the same time (November of 2013), Plaintiff learned that the management contract for the Atlantic City Convention Center and Boardwalk Hall had been awarded to Global Spectrum. She applied for a human resources position with Global Spectrum at the Convention Center and Boardwalk Hall, and was hired as a Human Resources Manager on December 16, 2013. Plaintiff claims that Global Spectrum did not make clear to whom she was to report, or what her job duties would be, and that in the absence of such direction she continued to perform the same duties that she had at SMG. [Docket Item 49–1 ¶ 33.]

On January 1, 2014, Global Spectrum assumed management of the Atlantic City Convention Center and Boardwalk Hall. Defendants claim that all SMG employees hired by Global Spectrum were given "a new blank slate regarding ‘attendance records and previous documentation or issues of performance.’ " [Docket Item 46–1 ¶ 44.] Plaintiff disputes this, stating that this was true "in some senses" and "in most cases." [Docket Items 49–1 ¶ 44; 49–2 at 24.]

On December 23, 2013, Plaintiff signed an acknowledgement that she had received the Global Spectrum Personnel Policy Manual and that she had read it, understood it and become familiar with all of its policies. [Docket Item 46–1 ¶ 34.] Plaintiff claims that she signed this at the request of Orlosky but had not in fact received the Policy Manual when she did so. [Docket Item 49–2 at 28–29.] Tegler also signed a form acknowledging that her employment was at will. [Docket Item 46–1 ¶ 35.]

The Policy Manual included a "Respect in the Workplace Policy," which explicitly prohibits harassment, discrimination, and...