Bradley v. Kemper Insurance

121 F. App'x 468
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 8, 2005
DocketNo. 03-4764
StatusPublished
Cited by1 cases

This text of 121 F. App'x 468 (Bradley v. Kemper Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. Kemper Insurance, 121 F. App'x 468 (3d Cir. 2005).

Opinion

OPINION

ROTH, Circuit Judge.

On March 7, 2001, Kemper Insurance Company2 fired Linda Bradley, a Claims Representative in the company’s Warren-dale, Pennsylvania office. Bradley filed a discriminatory retaliation claim against Kemper under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a) (2004). Bradley alleged that Kemper fired her because of phone calls she had on March 5th and 6th with Christine Doherty and Lamont Moore, Human Resource Managers at Kemper. Bradley alleged that in those phone calls she complained that her boss, Michael Farmer, was sexually harassing her and creating a hostile work environment for her. Bradley also alleged that both Doherty and Moore understood and acknowledged that Bradley was making a sexual harassment complaint and indicated explicitly and implicitly that Bradley did not have to fear for her job because she was making such allegations against Farmer.

Kemper filed a Motion for Summary Judgment. In her Report and Recommendation (R & R), the Magistrate Judge determined that Bradley failed to sufficiently establish facts necessary to satisfy a discriminatory retaliation claim and that, while she might have complaints of a hostile work environment, she had not demonstrated that this environment was motivated by her gender. The District Court also held that Bradley did not properly plead in her Complaint the “perception theory” of relief. The District Court adopted the Magistrate Judge’s R & R and granted summary judgment to the defendants.

The District Court had subject matter jurisdiction of this case pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(f)(3), and 28 U.S.C. §§ 1331 and 1343(a)(4). See Rego v. Are Water Treatment Co. of Pa., 181 F.3d 396, 398 (3d Cir.1999). We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. See id.

We exercise plenary review over the District Court’s grant of summary judgment and apply, de novo, the same standard that the District Court applied. Doe v. Cty. of Centre, Pa., 242 F.3d 437, 446 (3d [470]*470Cir.2001). A grant of summary judgment is appropriate where the moving party has established that there is no genuine dispute of material fact and “the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (citing Fed. R. Civ. P. 56(c)). Where the defendant is the moving party, the initial burden is on the defendant to show that the plaintiff has failed to establish one or more essential elements to her case. See Celotex Corp., 477 U.S. at 323-24. On a motion for summary judgment, a district court must view the facts in the light most favorable to the non-moving party and must make all reasonable inferences in that party’s favor. See Marzano v. Computer Sci. Corp., 91 F.3d 497, 501 (3d Cir.1996) (citing Armbruster v. Unisys Corp., 32 F.3d 768, 777 (3d Cir.1994)).

To survive a motion for summary judgment, the non-moving party cannot solely rest upon her allegations in the pleadings but rather must set forth specific facts such that a reasonable jury could find in the non-moving party’s favor, see Saldana v. Kmart Corp., 260 F.3d 228, 232 (3d Cir.2001), thereby establishing a genuine issue of fact for trial. See Fed. R. Civ. P. 56(e). While the evidence that the non-moving party presents may be either direct or circumstantial, and need not be as great as a preponderance, the evidence must be more than a scintilla. See Saldana, 260 F.3d at 232; see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

This case involves a claim for discriminatory retaliation under Title VII. A prima facie case of discriminatory retaliation has three elements: (1) the plaintiff was engaged in a protected activity, (2) the employer took an adverse employment action against the plaintiff, and (3) there was a causal connection between the engagement in the protected activity and the adverse employment action. See Robinson v. Pittsburgh, 120 F.3d 1286, 1299 (3d Cir. 1997) (quoting Nelson v. Upsala College, 51 F.3d 383, 386 (3d Cir.1995)). A plaintiff has the initial burden of establishing each of these elements. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) (articulating burden shifting for discrimination claims under Title VII). Because the District Court, in its grant of summary judgment, did not reach the second and third elements of the retaliation claim, we address only the first element.

Although we believe that this is a close case, we conclude that, looking at the evidence in the light most favorable to Bradley, the non-moving party, there is a material issue of fact whether Farmer’s conduct was motivated by the fact that Bradley is a woman. Bradley testified in her deposition that she had conversations concerning Farmer’s behavior with two human resource managers at Kemper — Doherty and Moore.

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Bluebook (online)
121 F. App'x 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-kemper-insurance-ca3-2005.