Glenn v. Raymour

832 F. Supp. 2d 539, 2011 WL 6739461, 2011 U.S. Dist. LEXIS 147221
CourtDistrict Court, E.D. Pennsylvania
DecidedDecember 22, 2011
DocketCivil Action No. 10-CV-816
StatusPublished
Cited by9 cases

This text of 832 F. Supp. 2d 539 (Glenn v. Raymour) 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
Glenn v. Raymour, 832 F. Supp. 2d 539, 2011 WL 6739461, 2011 U.S. Dist. LEXIS 147221 (E.D. Pa. 2011).

Opinion

MEMORANDUM

ANITA B. BRODY, District Judge.

Plaintiff Stephen Glenn (“Plaintiff’ or “Glenn”) has brought suit against his former employer, Raymour and Flanigan (“Defendant” or “Raymours”), for disparate treatment, retaliation, and hostile work environment under 42 U.S.C. § 1981; Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq.; [542]*542and the Pennsylvania Human Relations Act (“PHRA”), 43 Pa. Stat. § 951 et seq.1 Jurisdiction is proper pursuant to 28 U.S.C. §§ 1331, 1343, and 1367. Defendant has filed a motion for summary judgment. For the reasons set forth below, I will grant Defendant’s motion.2

I.Background3

A. Glenn’s Hiring and Promotion at Raymours

On July 24, 2007, Raymour and Flanigan, a furniture company, hired Glenn, an African-American male, as a Facility Technician in its Frazer, Pennsylvania service center (“Frazer Service Center”). Upon being hired, Glenn received a copy of Raymour’s “Associate Handbook” and confirmed in writing that he understood its contents. The Associate Handbook identified a non-exhaustive list of actions and conduct that might “result in disciplinary action up to and including termination .... ” Def.’s Mot. Summ. J. Ex. 9. This list included the following conduct:

• “Rude, abusive, or obscene language or conduct on company property.”
• “Fighting or disorderly conduct.”
• “Harassing, interfering with, or refusing to cooperate with coworkers in the performance of their duties.”
• “Threats of harm directed to a ... coworker ... on Company property. ...”

Id. Glenn also understood that Raymours had a policy against harassment and discrimination in the workplace. This policy was communicated to the employees at the Frazer Service Center in at least five distinct ways — (1) in a discussion upon hiring, (2) Professional Conduct and Harassment Awareness training and an accompanying handout, (3) in the Associate Handbook, (4) through signing an acknowledgment form, and (5) through workplace posters placed outside the employee break room.

The Frazer service center is divided into several different departments, including Operations, Delivery, Customer Care, and Internal Controls. Each department has its own manager. During the relevant time period, the Operations Manager was Don Hazeldine, and the Delivery Manager was Eric Delaney. Both Hazeldine and Delaney reported to Chris Saporito, the Regional Director of Operations, who oversaw the Operations, Delivery, and Internal Controls Departments at the Frazer Service Center.

As heads of their respective departments, Hazeldine and Delaney were responsible for their department’s supervisors; those supervisors in turn oversaw their subordinates in each department. In [543]*543the Operations Department, the subordinates included Facility Technicians and Customer Delivery Inspectors. In the Delivery Department, the subordihates included Customer Delivery Experts (drivers) and Customer Delivery Assistants (helpers). Department managers were responsible for the hiring, supervision, promotion, discipline, and firing of their employees. Hazeldine interviewed Glenn for the Facility Technician position and made the decision to hire him.

When Glenn first began working at Raymours, he was on the night shift. Being on the night shift increased his pay rate over that of the day shift employees. Sometime in the fall of 2008, after Glenn expressed interest in moving to the day shift, Hazeldine made the decision to approve Glenn’s transfer to the day shift. Hazeldine allowed Glenn’s pay rate to remain the same, even though it was supposed to decline as a result of the transfer. Glenn considered this transfer “like a promotion in itself.”

After his transfer to the day shift, Glenn was occasionally able to perform the duties of a Customer Delivery Inspector (“CDI”). He liked the duties of a CDl and informed his Operations Supervisor, Robert Mirth, that he was interested in a promotion to that position. Mirth subsequently recommended Glenn for a CDI position, and Hazeldine promoted Glenn to the position effective January 21, 2008. The CDI promotion enabled Glenn to receive more in wages for less hours of work than his previous position.

Up until March 20, 2008, Glenn was generally satisfied with working at Raymours. He felt he was treated fairly and had no problems with anyone at the company. He testified that he had no reason to believe that anyone at Raymours discriminated against him or harassed him prior to March 20, 2008. On March 20, 2008, however, an altercation between Glenn and a coworker, Steven Faust, led to Glenn’s termination and his filing this action.

B. The Glenn-Faust Altercation

Glenn and Faust, both CDIs for Raymours, worked in areas adjacent to one another. On March 20, 2008, while at their respective work areas, they got into a dispute about a box of trash — each man pushing the box into the other’s work area claiming that it was not his trash. Exactly what was said during the ensuing heated argument is the subject of some dispute. At some point during the argument, however, Faust began walking toward Don Hazeldine’s office to report the incident. Hazeldine was in his office at the time, along with Robert Mirth and Nicole Cor-son, another Operations Supervisor. From Hazeldine’s office, Hazeldine, Mirth, and Corson observed Glenn following Faust, flailing his arms, and yelling the words “pussy” and “faggot” at Faust. Faust eventually entered Hazeldine’s office, and the door was closed. Glenn tried to open the door to follow Faust into the office, but it was closed on him. He went back to his line and started finishing his work.

While in the office, Faust informed Hazeldine, Mirth, and Corson that he and Glenn had been arguing over a trash box and that Faust had told him that they should “step outside,” at which point Faust went to Hazeldine’s office. Mirth subsequently left Hazeldine’s office to discuss the matter with Glenn. When Mirth left, Faust continued to talk to Hazeldine and Corson about the incident. He alleged that Faust had threatened to “kick [his] ass” and called him a “pussy” and a “fag-got.” Faust admitted that he called Glenn a “pussy” as well, to which Glenn responded, “Be a man, let’s take this outside.” [544]*544Faust explained that he came to Hazel-dine’s office because he did not want to lose his job over fighting.

Glenn, meanwhile, had been at his line working for a “few minutes” when Mirth approached him. During their conversation, Mirth asked Glenn if he threatened Faust, and Glenn denied having done so. Mirth then asked if Glenn had told Faust to “step outside,” as Faust had alleged, and Glenn admitted that he had.

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Cite This Page — Counsel Stack

Bluebook (online)
832 F. Supp. 2d 539, 2011 WL 6739461, 2011 U.S. Dist. LEXIS 147221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glenn-v-raymour-paed-2011.