Walczak v. Pratt & Whitney
| Decision Date | 21 February 2020 |
| Docket Number | No. 3:18-cv-563 (VAB),3:18-cv-563 (VAB) |
| Court | U.S. District Court — District of Connecticut |
| Parties | RYSZARD WALCZAK, Plaintiff, v. PRATT & WHITNEY, A DIVISION OF UNITED TECHNOLOGIES CORPORATION, Defendant. |
Ryszard Walczak ("Plaintiff"), proceeding pro se, has sued Pratt & Whitney, a Division of United Technologies Corporation ("Defendant"), for discrimination and retaliation on the basis of gender and national origin or ancestry in violation of the Connecticut Fair Employment Practices Act ("CFEPA"), Conn. Gen. Stat. § 46a-60 et seq, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 et seq ("Title VII").
Pratt & Whitney has moved for summary judgment as to all claims.
For the following reasons, Pratt & Whitney's motion for summary judgment is GRANTED.
The claims under Title VII will be dismissed, and t he Court declines to exercise supplemental jurisdiction over his remaining claims under state law.
Mr. Walczak, a man of Jewish faith originally from Poland, began work at Pratt & Whitney on February 4, 2008. L. R. 56(a)1 Statement of Undisputed Material Facts, ECF No. 44 ¶¶ 1, 8 (May 6, 2019) ("Def.'s SMF"); Pl.'s Statement of Undisputed Material Facts, ECF No. 56-2 ¶ 1 (June 6, 2019) ("Pl.'s SMF-Add'l Facts").
Pratt & Whitney, an unincorporated division of United Technologies Corporation, is an aerospace manufacturer that produces aircraft engines for military and civil aviation. Def.'s SMF ¶ 2. Pratt & Whitney maintains an equal employment opportunity policy, which prohibits discrimination based on all legally protected characteristics. Id. ¶ 3. Pratt & Whitney also maintains a harassment-free workplace policy; a non-retaliation policy; and a workplace violence policy, which prohibits violence and threatening behavior. Id. ¶¶ 4, 6. Employees have numerous channels for reporting complaints or concerns about alleged discrimination or violations of these policies. Id. ¶ 4. Pratt & Whitney's Ombudsman office ("Ombudsman") is "a confidential channel for employees to seek guidance, as[k] questions, make comments[,] and report suspected misconduct outside of management." Id. The Ombudsman then investigates these concerns. Id. Employees may also report cocnerns directly to the harasser, a supervisor or manager, a Human Resources Representative, or Pratt & Whitney's EEO Manager. Id. Employees "engaged in actual or threatened workplace violence will be subject to appropriate disciplinary action, up to and including termination of employment." Id. ¶ 6.
All employees receive training on Pratt & Whitney's policies. Id. ¶ 7. Mr. Walczak had been informed of Pratt & Whitney's policies and the reporting procedures available to employees who had concerns about potential violations of these policies. Id. ¶ 5.
Mr. Walczak worked as a Lead Quality Assurance Inspector for Pratt & Whitney in Middletown, CT. Id. ¶ 8. In addition to inspecting manufactured aircraft engine parts, Mr. Walczak "was required to constantly interact with other inspectors, independent contractors, and employees." Id. Mr. Walczak's employment was subject to the terms of a collective bargaining agreement. Id. ¶ 9.
Beginning around September 2011, Mr. Walczak began to have conflicts with his peers. Id. ¶ 10. In all, he had eighteen altercations with Pratt & Whitney employees and contractors. Id. ¶ 22 (citing Ex. N: Altercations Chart, ECF No. 44-14).
On September 11, 2011, an incident occurred with Quality Assurance Inspector Michelle Bosse. Id. According to Ms. Bosse, while she listened to a 9/11 memorial, Mr. Walczak made offensive statements: Ex. I: Arb. Hearing Tr., Volume II, ECF No. 44-9 at 61:23-63:9 (Aug. 5, 2016) ( ). According to Mr. Walczak, he used different words: "as a nation, every year we should start celebrate [sic] less and less this event because this is just rubbing more and more salt to the open wounds . . . I didn't mean it to be disrespectful, just think about proportions, Poland during World War II lost 6 million . . . ." Ex. 7: Aff., ECF No. 44-4 at (June 6, 2019). Ms. Bosse reported this conduct to Pratt & Whitney. Arb. Tr. II at 65:9-18. The company later assigned Mr. Walczak to work in a different area of the same building. Id. at 67:1-20.
In October 2014, another Pratt & Whitney employee, Joel Boulay, reported that Mr. Walczak had "yelled" at him and made an inappropriate comment about his wife. Arb. Tr. II at 114:20-25, 117:1-25.
On April 14, 2015, Mr. Walczak confronted Michael McCormack, a Pratt & Whitney contractor, about alleged whistling: he "grabb[ed] onto Mr. McCormack's ID badge" and said, "We will get to know each other." Ex. O: Pratt & Whitney Threat Management Team Assessment Record, ECF No. 44-15 (Apr. 22, 2015) ("TMT Record - McCormack"). The incident required intervention by Pratt & Whitney's Threat Management Team, which recommended Mr. Walczak attend counseling with the Employee Assistance Program, but Mr. Walczak never went. Id.; Walczak Dep. at 83:21-23.
On April 8, 2016, Mr. Walczak had an exchange with another Pratt & Whitney employee, Scott Czarnota, who Mr. Walczak had reported for whistling at him in the past. Ex. P: Clifford Statement, ECF No. 44-16 (Apr. 11, 2016); see Ex. K (containing numerous e-mail complaints). Mr. Walczak also alleges that Mr. Czarnota was an union steward and part of the "bullying team," Pl.'s SMF - Add'l Facts ¶ 10, along with Irie Fordham, another union steward, Pl.'s Opp'n at 12. According to witness and Human Resources representative Gary Clifford, on that day, Mr. Walzcak commented "cuckoo" when he and Mr. Czarnota walked past. Clifford Statement. Then, Mr. Czarnota and Mr. Walczak exchanged verbal expletives, and Mr. Walczak made a "b-line" for Mr. Czarnota, where a shouting match began, and ended by Mr. Clifford "physically stepping between them." Id. According to Mr. Clifford, he had a conversation with Mr. Fordham about the event a couple days later, because Mr. Fordham had also witnessed the incident. Id. Mr. Fordham claimed that recently, Mr. Walczak had stated, "something bad was going to happen." Id.
On April 10, 2016, yet another employee, Diane Holloman, reported another interaction with Mr. Walczak. Ex. R: Arb. Tr., Volume I, ECF No. 44-18 at 82:14-23 (July 19, 2016) ( ). Mr. Walczak "came into the workplace that morning and . . . came directly to [Ms.Holloman's] work station." Id. She noted that he was "very irate" about "the light being turned on over his desk." Id. From about two feet away, he yelled and accused her of turning on the light, and asked who turned it on. Id. at 82:24-85:20. Ms. Holloman denied turning on the light, and told him that she did not know who turned it on. See Ex. Q: Holloman Statement, ECF No. 44-17 (Apr. 11, 2016). Nevertheless, Mr. Walczak continued to question and "verbally berate her for 15-20 minutes about the light being on." Id. Ms. Holloman "felt threatened because he had [her] boxed in." Arb. Tr. I at 83:22-24. In her report, Ms. Holloman stated she thought about calling the police or security, especially because she had witnessed and heard about his irate behavior with others. Id. at 84:8-85:5; see also Holloman Statement. At the later arbitration, Ms. Holloman also stated that on April 8, 2016, she had witnessed Mr. Walczak say to Mr. Czarnota: "Bang, bang, I'm gonna shoot you." Arb. Tr. I at 99:5-105:9 ().
On April 11, 2016, after receiving Ms. Holloman's report, the Threat Management Team determined that Mr. Walczak should be removed from the premises and suspended pending an investigation. Def.'s SMF ¶ 26. Pratt & Whitney suspended Mr. Walczak that same day. Id.
According to Mr. Walczak, "he was suspended and terminated based on one single untrue complaint coming from one female," which he considered as "pure retaliation and gender discrimination." Pl.'s SMF ¶ 3. He alleges that Ms. Holloman's report "was fabricated and designed to terminate [him]." Pl.'s SMF - Add'l Facts ¶ 22. According to Pratt & Whitney, "neither person had reported any prior issues with the other." Def.'s SMF ¶ 25.
Mr. Walczak alleges complaining on numerous occasions about bullying, racial comments, and discrimination beyond the thirty-three written complaints received by Pratt &Whitney. Pl.'s SMF - Add'l Facts ¶ 13.
On July 1, 2013, Mr. Walczak sent an e-mail to Robert Behrens, Frank Dempsey, and Mr. Clifford, requesting a change in his shift in order to avoid the presence of his "oppressor," who is unnamed in the e-mail, Ex. 17, ECF No. 56-4, but who he alleges is Martin Barbosa. Pl.'s SMF - Add'l Facts ¶ 15.
On July 3, 2013, Mr. Dempsey responded and notified Mr. Walczak that he was being transferred to building 150 in order to "provide [him] a work environment free of harassment." Ex. 18, ECF No. 56-4. Mr. Walczak alleges that this reassignment was "against [his] will." Pl.'s SMF - Add'l Facts ¶ 16. He also alleges that this was an "[a]dverse action and retaliation," because, "despite . . . [his] medical condition, they sent [him] to the [only building] with concrete floors knowing . . . that this situation is worsening [his] health condition." Pl.'s SMF - Add'l Facts ¶ 17 (). Mr. Walczak alleges he has "arthritis problems," which is why three years earlier he was moved from building 150. Pl.'s SMF - Add'l Facts ¶ 18 ().
Mr. Walczak alleges that soon after this reassignment, he sent a letter to the Ombudsman complaining...
To continue reading
Request your trial