Brooke Grassmyer v. Shred-It USA Inc

392 F. App'x 18
CourtCourt of Appeals for the Third Circuit
DecidedAugust 25, 2010
Docket09-3876
StatusUnpublished
Cited by10 cases

This text of 392 F. App'x 18 (Brooke Grassmyer v. Shred-It USA Inc) 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
Brooke Grassmyer v. Shred-It USA Inc, 392 F. App'x 18 (3d Cir. 2010).

Opinion

OPINION OF THE COURT

JORDAN, Circuit Judge.

Lynn Ryan, Patricia McGrane, and Brooke Grassmyer (collectively the “Plaintiffs”) appeal from an order of the United States District Court for the Western District of Pennsylvania granting summary judgment in favor of Plaintiffs’ former employer Shred-It USA, Inc. (“Shred-It”) with respect to Plaintiffs’ claims of gender discrimination and Ryan’s and MeGrane’s claim that they were subjected to a hostile work environment, all having been brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-l et seq. For the reasons that follow, we will affirm the District Court’s order with respect to Ryan’s and MeGrane’s hostile work environment claim and Grassmyer’s gender *20 discrimination claim, but will vacate with respect to Ryan’s and McGrane’s gender discrimination claims.

I. Factuál Background

Shred-It is a company that provides two types of document destruction services: an ongoing “automatic” service at intervals specified by the customer and a one-time “purge” service. To sell its services, Shred-It employs sales representatives who are assigned to various sales territories and tasked with developing and maintaining clients. Plaintiffs were all employed as sales representatives in Shred-It’s Pittsburgh, Pennsylvania office. Ryan was employed from May 2, 2005 until September 9, 2005, when she was terminated for failing to meet sales quotas. McGrane was employed from February 1, 2005 until January 13, 2006, when she was terminated for failing to meet sales quotas. Grass-myer was employed from May 23, 2005 until January 25, 2006, when she voluntarily resigned. All of the Plaintiffs’ positions were ultimately filled with male sales representatives.

During Plaintiffs’ employment, Gino Laspina was Shred-It’s general manager, and Kevin Mitchell and David Vaniel were Shred-It’s sales representative supervisors. Shred-It also employed the following seven male sales representatives during Plaintiffs’ employment at Shred-It: Dana Stephens; David Vaniel; 1 Larry Bowser; Jack Papson; David Peters; Nick Pavlecic; and Dennis Milavec. Of the seven male sales representatives, only Peters was terminated. However, of the eleven sales representatives Shred-It has terminated over the last five years for failing to meet the sales quotas, seven were male and four were female.

Plaintiffs do not dispute that they failed to meet the sales quotas established by Shred-It. Their claims are based upon the allegedly discriminatory manner in which Shred-It enforced its sales quotas, trained sales representatives, and assigned sales territories, and based on an overall “men’s club” atmosphere on the job. For their hostile work environment claim, Ryan and McGrane point particularly to comments made by Mitchell that they describe as sexually explicit, profane, and vulgar. The factual allegations underlying the Plaintiffs’ claims are discussed in greater detail below.

A. Enforcement of Quotas

Shred-It’s sales representatives were required to achieve the following sales targets: 10 appointments' per week, 10 new automatic clients per week, $1,190 of automatic revenue per month, 50 cold calls per week, 150 teleprospecting calls per week, 5 referrals per week, and 5 client care calls per week. “Automatic clients” are those who sign up for automatic service at specified intervals, and their accounts generate “automatic revenue.” New automatic revenue sales were the key business indicator and standard of success for sales representatives at Shred-It.

i. Plaintiffs’ Performance and Treatment

Ryan began working at Shred-It on May 2, 2005. On July 19, 2005, having generated approximately $250 of new automatic revenue during her first two and one-half months on the job, Ryan received a written warning, indicating that she needed to improve her performance. She was also placed on a Performance Action *21 Plan (“PAP”), which specified certain sales goals and the dates by which she was required to accomplish them. On September 9, 2005, just four months after she began working at Shred-It, Ryan was terminated for failing to meet the specified sales requirements. At the time of her termination, Ryan had sold $956 in automatic revenue (approximately $36.76 per week).

McGrane began working at Shred-It on February 1, 2005. On September 9, 2005, Shred-It provided McGrane with a performance evaluation, indicating that she was not meeting her sales quota. At the time, McGrane had been working at Shred-It for approximately eight months and had sold $1,940 in new automatic revenue. On December 20, 2005, Laspina met with McGrane to discuss her performance, and Vaniel later provided her with another written warning, which detailed her sales performance deficiencies and placed her on a PAP. McGrane’s PAP required her to meet certain goals over the next two weeks, notwithstanding the fact that December is, according to McGrane, a slow sales period for Shred-It’s services, given the end-of-year holiday season.

After failing to meet the requirements identified in the December 20, 2005 written warning and PAP, McGrane received another written warning on January 9, 2006, instructing her to meet the required sales numbers by January 13, 2006 and informing her that she would be terminal ed if she failed to achieve the specified sales requirements by that date. On January 13, 2006, having not satisfied the requirements identified in the December 20, 2005 and January 9, 2006 written warnings, McGrane was terminated. At the time of her termination, McGrane had sold $3,762 in new automatic revenue (approximately $85.50 per week).

Grassmyer began working at Shred-It on May 23, 2005. On October 10, 2005, she received a performance evaluation notifying her that she had not satisfied the sales quota for new automatic revenue. Grassmyer quit her job at Shred-It on January 25, 2006. She claims that she had no choice but to quit because her working conditions had become intolerable, specifically because Shred-It had advertised a sales position on the internet that covered her territory and she had received emails that were negative and aggressive, and also because McGrane had recently been terminated. However, Grassmyer concedes that she was never told that she would be terminated. She also concedes that the allegedly negative and aggressive emails she received, which focused on increasing sales performance, were sent to all sales representatives and were gender neutral, except for the use of the word “team,” which she believes to .have a male connotation.

After leaving Shred-It, Grassmyer accepted a position with Laurel Medical Supplies, which paid a higher salary. During her deposition, Grassmyer testified that she did not contact her new employer or contemplate leaving Shred-It until January 20, 2006, when she saw that her sales territory was being advertised on the internet. However, personnel records from Laurel Medical Supplies indicate that Grassmyer contacted Laurel Medical Supplies on December 30, 2005 and interviewed with the company on January 5, 2006.

ii. Male Sales Representatives

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Cite This Page — Counsel Stack

Bluebook (online)
392 F. App'x 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooke-grassmyer-v-shred-it-usa-inc-ca3-2010.