Carlson v. Community Ambulance Services, Inc.

824 A.2d 1228, 2003 Pa. Super. 200, 2003 Pa. Super. LEXIS 1254
CourtSuperior Court of Pennsylvania
DecidedMay 19, 2003
StatusPublished
Cited by14 cases

This text of 824 A.2d 1228 (Carlson v. Community Ambulance Services, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carlson v. Community Ambulance Services, Inc., 824 A.2d 1228, 2003 Pa. Super. 200, 2003 Pa. Super. LEXIS 1254 (Pa. Ct. App. 2003).

Opinion

OLSZEWSKI, J.

¶ 1 This is an appeal from the lower court’s order granting appellee’s motion for summary judgment. For the following reasons, we affirm.

¶ 2 Appellant Janet Carlson began employment with appellee Community Ambulance Services (“CAS”) in 1995, remaining an at-will employee throughout. In December of 1998, she began a period of maternity leave and returned to work in early March of 1999. In the court below, she complained that she was soon demoted from “supervisor of dispatch” to “chief communications officer” and given a new supervisor. In its Answer, CAS contends that, although her title and supervisor were changed, this was not a demotion. Appellant claimed that she suffered severe headaches as a result of this change, as well as the stressful and hostile work environment in which she found herself. She claimed that, at the end of March, she was again demoted, this time to a dispatcher role. Appellee denied that this was involuntary, stating that appellant initiated the change. Soon thereafter, appellant terminated her employment.

¶ 8 The heart of appellant’s complaint: The actions of [appellee] in demoting [appellant], changing her status and job duties and otherwise demoting her from her previous position held and otherwise threatening that her wage would be reduced also, violates and [sic] significant and recognized public policy and/or policies as outlined below:
(A) Violation of Pennsylvania Human Relations Act, 48 P.S. 951 et seq.
(B) The Pregnancy Discrimination Act, 29 U.S.C.S. Section 2000, (e)(k);
(C) The Family and Medical Leave Act, 29 U.S.C.S. Section 2601 et seq.

Complaint, 5/5/1999, at ¶ 15. Appellant sought damages to compensate her for her lost income and benefits, damage to her reputation, emotional pain and suffering, interest, and attorney’s fees. She also alleged that appellee’s actions were willful and malicious, and sought punitive damages.

¶4 In its Answer, appellee denied any illegal discriminatory treatment and included new matter averring that appellant had failed to state a cause of action and exhaust her administrative remedies. On a motion from appellee, the lower court granted summary judgment. This timely appeal followed. In it, appellant assigns error to the lower court for granting summary judgment “due to the appellant [sic] inability to bring causes of action under statutes only used as examples of public policy consideration.” Appellant’s brief at xvi.

¶ 5 Our standard of review of a grant of summary judgment is an abuse of discretion. Albright v. Abington Mem. Hosp., 548 Pa. 268, 696 A.2d 1159, 1165 (1997). Summary judgment as a matter of law may be had where there are no genuine issues of material fact as to a cause of action. Pa.R.Civ.P. 1035.2. 1 In order to decide:

*1231 [T]he lower court must examine the whole record, including the pleadings, any depositions, any answers to interrogatories, admissions of record, if any, and any affidavits filed by the parties. From this thorough examination the lower court will determine the question of whether there is a genuine issue as to any material fact. On this critical question, the party who brought the motion has the burden of proving that no genuine issue of fact exists. All doubts as to the existence of a genuine issue of a material fact are to be resolved against the granting of summary judgment.

Penn Center House, Inc. v. Hoffman, 520 Pa. 171, 553 A.2d 900, 903 (1989).

¶ 6 The lower court interpreted appellant’s complaint as a request for relief under the three statutes. From this perspective, the grant of summary judgment to appellee was entirely appropriate. The Pennsylvania Human Relations Act, 43 P.S. § 951 et seq., (PHRA) prohibits gender discrimination. 2 But, it required appellant to first file a complaint with the Pennsylvania Human Relations Commission (PHRC) and exhaust all administrative remedies before seeking redress in the courts. Clay v. Advanced Computer Applications, 522 Pa. 86, 559 A.2d 917, 919 (1989); Bailey v. Storlazzy 729 A.2d 1206, 1214 (Pa.Super.1999). Appellant’s counsel conceded in a deposition that appellant never filed a complaint with the PHRC, making her ineligible for relief in the lower court under the PHRA.

¶ 7 Counsel also conceded that appellant did not file a complaint with the Equal Employment Opportunity Commission (EEOC). On a federal level, gender discrimination such as that alleged here is prohibited by the Pregnancy Discrimination Act (PDA), which is found in Title VII of the Civil Rights Act of 1964 (Title VII). 42 U.S.C.S. § 2000e-2(a)(l). The EEOC bears the responsibility of Title VII enforcement. 42 U.S.C.S. § 2000e^(g). Appellant would not have been entitled to sue CAS under this statute in a federal court unless she had filed a complaint with the EEOC and she obtained permission from it to sue appellee in court. 42 U.S.C.S. § 2000e-5(f)(l).

¶ 8 Title VII also constrained appellant to pursue redress through the PHRC first. 42 U.S.C.S. § 2000e-5(c). In fact, had she first filed a complaint with the EEOC, it would have referred her claim to the PHRC for an initial evaluation. 42 U.S.C.S. § 2000e-5(d). Therefore, appellant was not entitled to bring a suit under the PHRA or Title VII because she did not first pursue administrative remedies.

¶ 9 Finally, the Family Medical Leave Act (FMLA) was inapplicable. That act makes it “unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by [the Act].” 26 U.S.C.S. § 2615(a)(2). An “employer” under the FMLA “means any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day dining each of 20 or more calendar workweeks in the current or preceding calendar year.” 29 U.S.C.S. *1232 § 2611(4)(A)(1). In its motion for summary judgment, appellee claimed that it did not have that many employees for the required period, and filed an affidavit in support. Appellant has never contested this point. Weighing the grant of summary judgment, appellant was ineligible for relief under the FMLA.

¶ 10 On appeal, appellant acknowledges that none of these statutes would have provided her with relief. Instead, she contends that, as an at-will employee, she was entitled to relief under public policy considerations embodied within those acts. Although she does not state what public policy considerations these are, we assume that she is referring to those associated with illegal pregnancy-based gender discrimination. 3

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kersey, P. v. Pisano, M.
Superior Court of Pennsylvania, 2023
Huff, K. v. Moser, J.
Superior Court of Pennsylvania, 2019
Harrison, K. v. Health Network Laboratories
Superior Court of Pennsylvania, 2018
U.S. Bank, N.A. Ex Rel. Bank of America, N.A. v. Pautenis
118 A.3d 386 (Superior Court of Pennsylvania, 2015)
Owens v. Lehigh Valley Hospital
103 A.3d 859 (Commonwealth Court of Pennsylvania, 2014)
Gentex Corp. v. Crew Systems Corp.
23 Pa. D. & C.5th 99 (Lackawanna County Court of Common Pleas, 2011)
Sparrow v. PACE/CM, Inc.
22 Pa. D. & C.5th 5 (Lackawanna County Court of Common Pleas, 2011)
Smith v. MetLife
10 Pa. D. & C.5th 336 (Lancaster County Court of Common Pleas, 2009)
Law Office of Douglas T. Harris v. Philadelphia Waterfront Partners, LP
957 A.2d 1223 (Superior Court of Pennsylvania, 2008)
Murray v. Haggerty
2 Pa. D. & C.5th 338 (Lackawanna County Court of Common Pleas, 2006)
Weaver v. Harpster
885 A.2d 1073 (Superior Court of Pennsylvania, 2005)
Sullivan v. Chartwell Investment Partners, LP
873 A.2d 710 (Superior Court of Pennsylvania, 2005)
Robbins v. Buck
827 A.2d 1213 (Superior Court of Pennsylvania, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
824 A.2d 1228, 2003 Pa. Super. 200, 2003 Pa. Super. LEXIS 1254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlson-v-community-ambulance-services-inc-pasuperct-2003.