Woods v. Salisbury Behavioral Health, Inc.

• Decision Date: 12 March 2014
• Docket Number: Civil Action No. 3:CV–13–539.
• Citation: 3 F.Supp.3d 238
• Parties: Mary WOODS, Plaintiff, v. SALISBURY BEHAVIORAL HEALTH, INC., t/a New Story, Defendant.
• Court: U.S. District Court — Middle District of Pennsylvania

3 F.Supp.3d 238

Mary WOODS, Plaintiff,

v.SALISBURY BEHAVIORAL HEALTH, INC., t/a New Story, Defendant.

Civil Action No. 3:CV–13–539.

United States District Court, M.D. Pennsylvania.

Signed March 12, 2014.

Carl J. Poveromo, Rinaldi & Poveromo, P.C., Scranton, PA, for Plaintiff.

Jenna B. Berman, Michael D. Kristofco, Wisler, Pearlstine, LLP, Blue Bell, PA, for Defendant.

MEMORANDUM

A. RICHARD CAPUTO, District Judge.

Presently before the Court is Defendant Salisbury Behavioral Health, Inc., t/a New Story's (“New Story”) Motion for Summary Judgment (Doc. 21) on Plaintiff Mary Woods' (“Woods”) claims of discrimination, retaliation, and constructive discharge in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621–634, and the Pennsylvania Human Relations Act (“PHRA”), 43 Pa. Stat. Ann. §§ 951–963. Specifically, Woods, formerly a special education teacher at New Story, contends that her former employer discriminated against her when she was not selected to fill the newly created school coordinator position, retaliated against her for inquiring about the status of the position after she applied to be the school coordinator, and constructively discharged her when she was forced to resign as a result of the intolerable working conditions in her classroom. New Story's motion for summary judgment will be granted. First, because Woods did not suffer an adverse employment action when she was not selected as school coordinator, she is unable to establish a prima facie case of discrimination. Second, as Woods did not engage in protected activity when she inquired about the status of the school coordinator position, New Story is entitled to summary judgment on the retaliation claims. And, because a reasonable person would not have found the conditions at New Story too intolerable to continue working, summary judgment will be granted to New Story on the constructive discharge claims.

I. Factual Background¹

Plaintiff Woods was born on January 30, 1953. ( Plf.'s SMF, ¶ 1; Def.'s Answer, ¶ 1.) Woods has a Bachelor of Science degree in special education and elementary education, and she is certified in both special education and elementary education. ( Def.'s SMF, ¶ 3; Plf.'s Answer, ¶ 3.) Woods was employed as an emotional support teacher for approximately twenty-eight (28) or twenty-nine (29) years in a public school district. ( Def.'s SMF, ¶ 4; Plf.'s Answer, ¶ 4.) Thereafter, Woods worked as a learning support teacher for five (5) or six (6) years in a public school district. ( Def.'s SMF. ¶ 5; Plf.'s Answer, ¶ 5.) She retired from teaching in public school districts in 2007. ( Def.'s SMF, ¶ 6; Plf.'s Answer, ¶ 6.)

After a year of retirement, Woods applied for a position with New Story. ( Def.'s SMF, ¶ 7; Plf.'s Answer, ¶ 7.) Woods was hired by New Story, and she began her employment with New Story as a special education teacher on March 16, 2009, teaching students ages fourteen (14) to twenty-one (21). ( Def.'s SMF, ¶ 8; Plf.'s Answer, ¶ 8.) Woods testified that she loves being a teacher. ( Def.'s SMF, ¶ 9; Plf.'s Answer, ¶ 9.)

While employed by New Story, Woods would have five (5) to eight (8) students in her classroom. ( Def.'s SMF, ¶ 10; Plf.'s Answer, ¶ 10.) There were generally between two (2) and five (5) adult assistants in her classroom. ( Woods Dep., 10:9–17.) Woods' classroom had one paraprofessional. ( Id. at 11:7.) The number of paraprofessionals in a classroom depended on what each student's Individualized Educational Program (“IEP”) required. ( Id. at 10:18–24.) Woods did not know the exact number of paraprofessionals or adult assistants assigned to other classrooms at New Story. ( Def.'s SMF, ¶ 14; Plf.'s Answer, ¶ 14.)

On her April 1, 2010 Annual Performance Evaluation, Woods was noted as having been “a wonderful addition to the New Story team,” and that, overall, she did a wonderful job. ( Def.'s SMF, Ex. 4.) The only area of improvement referenced in the Performance Evaluation was for Woods to become more consistent with her attendance. ( Id.) Woods received a pay increase following that evaluation. ( Def.'s SMF, Ex. 5.)

At a staff meeting in the fall of 2010, James Hogan (“Hogan”), Director of Education, informed the faculty that New Story was planning on hiring a school coordinator. ( Woods Dep., 34:6–11.) After the meeting, Woods approached Hogan and indicated that she would be interested in the position. ( Id. at 35:14–21.) Hogan informed Woods that the position was not fully developed, but he would get back to her when he had more details. ( Id.)

On or about January 5, 2011, New Story posted an opening for the school coordinator position on Careerbuilder. ( Def.'s SMF, ¶ 19; Plf.'s Answer, ¶ 19; Plf's SMF, ¶ 6; Def.'s Answer, ¶ 6.) While the school coordinator position was not primarily a teaching position, its duties included acting “as substitute teacher and provid[ing] classroom support as needed.” ( Def.'s SMF, Ex. 9.) The position as posted required a Pennsylvania Special Education teaching certificate. ( Id.)

Woods applied for the school coordinator position on or about January 7, 2011. ( Def.'s SMF, ¶ 21; Plf.'s Answer, ¶ 21.) It is undisputed that Woods was qualified for the position. ( Hogan Dep., 27:5–11.)

On January 11, 2011, Eric Righter (“Righter”), New Story's Human Resources Manager, sent an email to Hogan and Brooke Coatsworth (“Coatsworth”), Clinical Director at New Story. ( Plf.'s SMF, Ex. 4.) In that email, Righter wrote: “As a side note, Mary Woods applied via Careerbuilder. If I understand this position, wouldn't this be a step down for her? This also raises the question; is there anyone internally that would be a fit? As for the resumes, Susan Chase was the only one that truly interested me. Dana Bux and LeDonne [sic] Volz seem to have a lot of potential, but lack the certification. Let me know your thoughts.” ( Id.) Coatsworth responded: “[c]orrect Mary is way overqualified. The only other person that showed interest was Whitney Foran, but she too is overqualified. Do you have the posting that we can display to post the position internally? There is no one specifically that we thought of, but that meets the qualifications.” ( Id.) On January 12, 2011, Coatsworth emailed Righter, noting that Susan Chase (“Chase”) met the requirements, but Coatsworth indicated concern that her experience was in drama and dance. ( Plf.'s SMF, Ex. 6.) Chase's resume indicates that she received her undergraduate degree in 1979. ( Plf.'s SMF, Ex. 9.) Chase was not selected to fill the school coordinator position. ( Plf.'s SMF, ¶ 12; Def.'s Answer, ¶ 12.) With respect to LeDonna Volz, New Story did not interview her or select her for the position. ( Plf.'s SMF, ¶ 14; Def.'s Answer, ¶ 14.)

On January 12, 2011, Coatsworth sent an email to Righter and Hogan asking “[w]hat happen[s] if we cannot find anyone that we like who is certified? Since we made that part of the criteria, does that leave us still looking?” ( Plf.'s SMF, Ex. 10.) In response, Righter questioned “[i]f this position is supposed to sub for teachers at times, is it required for the sub (or the regular teacher) to be certified?” ( Id.)

After applying for the position, Woods had a discussion with Righter in either February or March 2011. ( Def.'s SMF, ¶ 22; Plf.'s Answer, ¶ 22.) According to Woods, she “started to hear that [New Story] was getting ready to hire someone, and that was like maybe February or March. I called Eric and asked him the status of the position.” ( Woods Dep., 37:22–38:1.) ² Woods then testified:

[Righter] told me that he felt I would be overqualified and the salary would be much less than I was making now, and I said to him, even though this is an administrative position, the salary is less? He said, yes. I said, I would still be interested in the position. I was retired, I was receiving a pension. I was doing this because I wanted to, I didn't have to. And I asked him if someone would get back to me, and he said, yes, and then I reiterated, I said, either you, Jim, or Brooke, would one of you get back to me and let me know what's happening with the position, and he said, yes.

( Id. at 38:3–15.)

Righter testified that during that conversation he informed Woods that the school coordinator position would pay about $10,000 less than what she was making at the time. ( Righter Dep., 48:8–12.) Righter then stated that Woods “was quiet and said, oh, no, I didn't know that, and the conversation had ended there.” ( Id. at 48:12–14.) While Woods did not specifically say she was no longer interested in becoming school coordinator, Righter believed Woods' reaction to the news about the lower salary for the school coordinator position indicated that she no longer was interested in the position. ( Id. at 48:15–21; 51:2–10.) After his conversation with Woods, Righter contacted Hogan to advise him that Woods was no longer interested in the position. ( Hogan Dep., 25:17–22.)

Following her discussion with Righter, Woods never approached anyone at New Story to further discuss the school coordinator position, ( Def.'s SMF, ¶ 27; Plf.'s Answer, ¶ 27), because she feared repercussions, such as not getting the necessary support in her classroom. ( Woods Dep., 51:1–11.) Woods also testified that she had no reason to believe that the school coordinator position ever paid more than $30,000, and she further agreed that she would have made less money as school coordinator than as a special education teacher. ( Woods Dep., 56:18–57:15.)

On February 21, 2011, Michelle Smith, Director of Administration at Salisbury Management, Inc., sent Righter and Coatsworth an email asking: “[w]as the School Coordinator Job ever filled? If so, with who?” ( Plf.'s SMF, Ex. 13.) Righter responded: “[n]ot yet, but we want to remove the Special Education Certification Requirement to make it easier to fill.” ( Id.)

A revised job description for the school coordinator position was issued by New Story on February 28, 2011....