Harley v. McCoach

928 F. Supp. 533, 1996 U.S. Dist. LEXIS 8024, 72 Fair Empl. Prac. Cas. (BNA) 1725, 1996 WL 325893
CourtDistrict Court, E.D. Pennsylvania
DecidedJune 12, 1996
Docket2:95-cv-02001
StatusPublished
Cited by26 cases

This text of 928 F. Supp. 533 (Harley v. McCoach) 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
Harley v. McCoach, 928 F. Supp. 533, 1996 U.S. Dist. LEXIS 8024, 72 Fair Empl. Prac. Cas. (BNA) 1725, 1996 WL 325893 (E.D. Pa. 1996).

Opinion

MEMORÁNDUM AND ORDER

JOYNER, District Judge.

I

This Memorandum and Order resolves the motion for summary judgment filed by Defendant PECO Energy Company (“PECO”) in this employment discrimination action brought by Lisa Harley, an African-American woman and PECO employee. This Court is authorized to award summary judgment “if the pleadings, depositions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). In order to survive a summary judgment motion, the non-moving party must raise “more than a mere scintilla of evidence in its favor” and may not merely rely on unsupported assertions, eonclusory allegations, or mere suspicions. Williams v. Borough of W. Chester, 891 F.2d 458, '460 (3d Cir.1989) (citing Anderson v. Liberty Lobby, Inc., ATI U.S. 242, 249, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986) and Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553-54, 91 L.Ed.2d 265 (1986)). Boiled to its essence, the summary judgment standard requires the non-moving party to create a “sufficient disagreement to require submis *536 sion [of the evidence] to a jury.” Liberty Lobby, 477 U.S. at 251-52, 106 S.Ct. at 2512.

II

The facts educed during discovery, presented in the light most favorable to the plaintiff, are as follows. PECO hired Ms. Harley in 1981 and assigned her to work as a “stockman” at a PECO warehouse located in Berwyn, Pennsylvania in May of 1992. Ms. Harley is one of just two women out of 35 people who work at the Berwyn warehouse. Each stockman is required to work in one of five work assignment areas — retail, wholesale, receiving, inventory, and the yard. The stockmen are assigned to these areas on a rotational basis, with each assignment period lasting two months. The retail, wholesale, receiving, and inventory areas are indoor assignments, requiring the employee to work in the warehouse, while the yard area is an outdoor assignment. Ms. Harley worked indoors during the first eight months of her tenure at the Berwyn warehouse, and was scheduled to rotate outdoors to the yard for the January and February 1993 time period.

On January 4, 1993, the first day that she was scheduled to begin working in the yard, Ms. Harley called in sick and did not report for work. The following day, she presented her supervisor with a note from her doctor stating that she suffered from “recurrent upper respiratory infections” and that her health would be at risk if she were to work outdoors in the extreme cold. As a result, Ms. Harley was placed on modified duty, which made her ineligible for overtime, and was assigned to an indoor position. Ms. Harley complained about her ineligibility for overtime. After some discussion with the doctors involved, it was decided that Ms. Harley would not work outside if the temperature dipped below thirty-two degrees Fahrenheit.

On January 14,1993, while the discussions regarding her fitness for outdoor duty were ongoing, Ms. Harley went to a first-level supervisor, Andy Alba, and complained that she had been subjected to harassment. On the following day, Ms. Harley met for four hours with the Manager of Materials Management, Andy Serrill, and the Human Resource Manager for Materials Management, Carol Asselta. Ms. Harley related to them a number of specific incidents that she regarded as harassment, including: (1) a male worker walked past her and “passed gas,” then turned to see her reaction, laughed and walked away; (2) a supervisor, Michael McCoach, walked directly behind her, and when Ms. Harley turned around, he grabbed her arm and rubbed it, saying “I’m not following you”; and (3) a worker named Ken Schiller put his arm around her and said “Hi Sweetheart” on several occasions, prompting Ms. Harley to remove his arm. Ms. Harley also reported that a number of the male employees often engaged in crude and vulgar behavior in her presence, including: (1) a male worker made a gesture suggesting masturbation to other male workers; (2) a male worker placed his tongue in another male worker’s ear; (3) a male worker ate a danish out of another male worker’s mouth; (4) a male worker thrust his pelvis against another man’s buttocks so as to simulate a sexual act.

Ms. Harley has submitted evidence from which a factfinder could infer that this sort of crude behavior was widespread. From the declaration of Mr. Alba:

4. The sexually offensive conduct of the workers was constant. Workers were always grabbing each other in offensive ways, tongueing each other’s ears, eating danish pastries in ways that simulated oral sex, “humping” each other (one man pressing his pelvis against another man’s buttocks to simulate a sexual act), telling sexually oriented jokes, making sexually oriented comments to and about each other, using profanity, openly displaying sexually oriented magazines and a host of other offensive activities____

5. The conduct described above occurred in the presence of Lisa Harley and supervisors [in the warehouse]. The supervisors did nothing to stop this behavior. There was no support from senior management to changing the environment.

Alba Decl. ¶¶^-5.

Ms. Harley stated that she was the object of the unwanted attentions of a worker named Jamie Mazzaeano, who would follow *537 her around “like a puppy dog.” The other workers teased her about it, placing a sticker on her truck that read “Jamie’s main squeeze.” She also reported an incident in which a worker named Roeco Moyer thrust his pelvis and crotch against her backside as he passed behind her. Further, Ms. Harley informed Mr. Serrill and Ms. Asselta that workers were circulating a rumor to the effect that she and a white employee named Joe McConnell were engaged in an extramarital affair. There is also evidence relating to electronic mail she received from Mr. McCoach in which Ms. Harley was addressed as “Dear Brown Sugar.” Finally, Ms. Harley described two incidents immediately preceding her complaint in which another employee almost struck her with a forklift.

Following the meeting of January 15,1993, Mr. Serrill and Ms. Asselta launched an investigation of Ms. Harley’s claims. Ms. Harley was immediately transferred from her department, Department 303, to Department 338 pending completion of the investigation. On February 16, the investigators interviewed the five first-line supervisors working in the warehouse, and later interviewed Messrs. Moyer and Schiller. Based on these interviews, PECO’s investigators were able to verify a number of Ms. Harley’s factual assertions. For example, the investigators concluded that some minor instances of profanity, wrestling, and homosexual taunting had occurred. None of this activity was directed at Ms. Harley, however; and the investigators concluded that it did not rise to the level of harassment. The other instances of which Ms. Harley complained could not be verified. Mr. Schiller denied putting his arm around her. Mr. Moyer denied rubbing his crotch against Ms. Harley’s rear end, insisting that the contact amounted to nothing more than a bump. Mr.

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Bluebook (online)
928 F. Supp. 533, 1996 U.S. Dist. LEXIS 8024, 72 Fair Empl. Prac. Cas. (BNA) 1725, 1996 WL 325893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harley-v-mccoach-paed-1996.