Ellingsworth v. Hartford Fire Insurance Co.

247 F. Supp. 3d 546, 2017 WL 1092341, 2017 U.S. Dist. LEXIS 42061, 101 Empl. Prac. Dec. (CCH) 45,767
CourtDistrict Court, E.D. Pennsylvania
DecidedMarch 23, 2017
DocketCIVIL ACTION NO. 16-3187
StatusPublished
Cited by34 cases

This text of 247 F. Supp. 3d 546 (Ellingsworth v. Hartford Fire Insurance Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellingsworth v. Hartford Fire Insurance Co., 247 F. Supp. 3d 546, 2017 WL 1092341, 2017 U.S. Dist. LEXIS 42061, 101 Empl. Prac. Dec. (CCH) 45,767 (E.D. Pa. 2017).

Opinion

MEMORANDUM

STENGEL, District Judge

I. INTRODUCTION

This case involves sexual orientation and gender stereotyping Title VII claims. Ma-rykate Ellingsworth, the plaintiff, claims she was discriminated against and harassed because of the way she dressed, her appearance, style, and perceived (by coworkers) sexual orientation.

Ms. Ellingsworth filed a complaint against her former employer, alleging sexual harassment, gender discrimination, and retaliation in violation of Title VII of the Civil Rights Act (Title VII) and the Pennsylvania Human Relations Act (PHRA). The defendant filed a motion to dismiss. I will deny the defendant’s motion.

II. BACKGROUND1

Marykate Ellingsworth lives with her husband in Allentown, Pennsylvania. Five years ago, on March 26, 2012, Ms. Ellings-worth was hired by The Hartford (an insurance company) as a customer service representative. After completing her initial training, Ms. Ellingsworth was placed on a work team supervised by Angela Ferrier.

Ms. Ferrier allegedly harassed Ms. Ell-ingsworth in various ways over the span of approximately one year. Ferrier would tell Ellingsworth that she “dresses like a dyke.” Ferrier would also make fun of Ellingsworth’s clothing, call her “stupid,” and tell her that she “sucks.” In addition to ridiculing Ms. Ellingsworth directly, Ms. Ferrier would also tell her coworkers that Ellingsworth “dresses like a dyke” and has a “lesbian tattoo.” At times, Ferrier would force Ellingsworth to show her tattoo to coworkers and then ask those coworkers whether they thought it was a “lesbian tattoo.” Ferrier went so far as to tell Ell-ingsworth’s coworkers that Ellingsworth was a lesbian. These remarks were made in private to Ms. Ellingsworth and also, at other times, in front of coworkers.

Because of this persistent harassment, Ellingsworth’s coworkers began to adopt the belief that Ellingsworth was gay, even though she is not. Eventually, it became “generally accepted” in the workplace that Ellingsworth was gay. Ellingsworth felt compelled to explain to her coworkers that she was not a lesbian. This situation began to exacerbate Ellingsworth’s pre-existing depression and anxiety.

On May 8, 2013, Ms. Ellingsworth complained to one of her supervisors, Laurie Kumnick, about Ferrier’s harassment. Ell-ingsworth made two statements about the harassment on two separate days. Several weeks later, Ellingsworth received a letter from one of The Hartford’s Employee Relations Investigators stating:

[550]*550I write to follow-up on the concerns you raised during, our discussion on May 13th and 14*1'. I would like to thank you for bringing your concerns to The Hartford’s attention, as it takes. such concerns very seriously. I conducted a thorough investigation based on the information you shared. The Hartford has completed its investigation and has taken appropriate action. Accordingly, The Hartford considers this investigation closed.

Ellingsworth does not know what action was taken by The Hartford and she received no further communication or information.regarding her complaints.

Ferrier continued to work as Ellings-worth’s supervisor. In July 2013, Ferrier went on maternity leave. She returned to The Hartford and began working again in November 2013. Ellingsworth claims that her anxiety and depression were exacerbated by Ferrier’s return.

Due to her anxiety and -depression, Ell-ingsworth took a leave of absence beginning January 6, 2014. On March 24, 2014, The Hartford wrote her a letter stating that she could either return to work or be terminated. Believing that nothing would be done to resolve the harassment, Ms. Ellingsworth was unable to return to work. She claims she was constructively discharged. Two months later, on May 23, 2014, Ms. Ellingsworth filed an administrative complaint with the Pennsylvania Human Relations Committee (“PHRC”). This complaint was cross-filed with the EEOC on or after that date.

III. LEGAL STANDARD

Under Rule 12(b)(6), a defendant bears the burden of demonstrating that the plaintiff has not stated a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6); see also Hedges v. United States, 404 F.3d 744, 750 (3d Cir. 2005). In Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), the United States Supreme. Court recognized that- “a plaintiffs obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Id. at 555, 127 S.Ct. 1955. Subsequently, in Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009), the Supreme Court defined a two-pronged approach to a court’s review of a motion to dismiss. “First, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. at 678, 129 S.Ct. 1937. Thus, while “Rule 8 marks a notable and generous departure from the hyper-technical, code-pleading regime of a prior era ... it does not unlock the doors of discovery for a plaintiff armed with nothing more than conclusions.” Id. at 678-79, 129 S.Ct. 1937.

Second, the Supreme Court emphasized that “only a complaint that states a plausible claim for relief survives a motion to dismiss.” Id. at 679, 129 S.Ct. 1937. “Determining whether a complaint states a plausible claim for relief will, as the Court of Appeals observed, be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.”. Id. A complaint does not show an entitlement to relief when the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct. Id.; see also Phillips v. Cnty. of Allegheny, 515 F.3d 224, 232-34 (3d Cir. 2008) (holding that: (1) factual allegations of complaint must provide notice to defendant; (2) complaint must allege facts suggestive of the proscribed conduct; and (3) the complaint’s “‘factual allegations must be enough to raise a right to relief above [551]*551the speculative level.’ ” (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955)).

The basic tenets of the Rule 12(b)(6) standard of review have remained static. Spence v. Brownsville Area Sch. Dist., No. Civ.A.08-626, 2008 WL 2779079, at *2 (W.D. Pa. July 15, 2008). The general rules of pleading still require only a short and plain statement of the claim showing that the pleader is entitled to relief and need not contain detailed factual allegations. Phillips, 515 F.3d at 233. Further, the court must “accept all factual allegations in the complaint as true and view them in the light most favorable , to the plaintiff.” Buck v. Hampton Twp. Sch. Dist., 452 F.3d 256, 260 (3d Cir. 2006).

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247 F. Supp. 3d 546, 2017 WL 1092341, 2017 U.S. Dist. LEXIS 42061, 101 Empl. Prac. Dec. (CCH) 45,767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellingsworth-v-hartford-fire-insurance-co-paed-2017.