Hughes v. Home Depot, Inc.

804 F. Supp. 2d 223, 2011 U.S. Dist. LEXIS 39108, 94 Empl. Prac. Dec. (CCH) 44,162, 112 Fair Empl. Prac. Cas. (BNA) 56, 2011 WL 1362169
CourtDistrict Court, D. New Jersey
DecidedApril 11, 2011
DocketCivil Action No. 09-5527 (JEI/KM)
StatusPublished

This text of 804 F. Supp. 2d 223 (Hughes v. Home Depot, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hughes v. Home Depot, Inc., 804 F. Supp. 2d 223, 2011 U.S. Dist. LEXIS 39108, 94 Empl. Prac. Dec. (CCH) 44,162, 112 Fair Empl. Prac. Cas. (BNA) 56, 2011 WL 1362169 (D.N.J. 2011).

Opinion

OPINION

IRENAS, Senior District Judge:

Plaintiff Ashley N. Hughes brings this suit against the Defendant Home Depot U.S.A., Inc.1 arising out of Plaintiffs time as an employee of Defendant.2

Count I of the Complaint alleges that Defendant created a hostile work environment for Plaintiff in violation of the New Jersey Law Against Discrimination (the “LAD”), N.J.S.A. § 10:5-1 et seq. Count II of the Complaint, also brought under the LAD, alleges retaliatory discharge by Defendant.

Defendant has moved for summary judgment on all counts. For the reasons set forth below, the Court will deny summary judgment on Count I and grant summary judgment on Count II.

I.

Plaintiff describes herself as “inter-sexed” or a “partial hermaphrodite.” (Def.’s Statement of Uncontested Facts (DSUF) ¶ 1) Plaintiff explains that she was born with male sexual organs as well as a large amount of female hormones. (Id.) She lived as Ronald Hughes until the age of 14, when she changed her name to Ashley. (Id. at 2)

Plaintiff was hired by Defendant in November 2006 to work at its Lawnside, New Jersey store. (Id. at 5) Plaintiff alleges that soon after being hired, she began hearing “whispers and rumors around the store” that Plaintiff was in fact a man. (Pl.’s Statement of Facts (PSOF) ¶ 1) She also began hearing rumors that male cus[225]*225tomers were talking about her and making threats toward her. (Id.)

Plaintiff first complained to Human Resources Manager Naomi Jordan about these issues in December 2006. (Id.) Ms. Jordan invested these complaints and prepared a report of her investigation. The report noted that the Kevin Devoy, the store manager, asked what the appropriate “bathroom procedure” was with regards to Plaintiff, as a customer had told Mr. Devoy that he was uncomfortable using the same bathroom as “it” (referring to Plaintiff). (Id.) Ms. Jordan advised Mr. Devoy that it was appropriate for Plaintiff to use the women’s bathroom, and that Mr. Devoy should stop acting upon rumors about Plaintiff and to try to stop the rumors from circulating. (Id.)

Ms. Jordan noted in her report that Mr. Devoy did not appear to be taking her advice seriously, which was of a particular concern because other employees would emulate Mr. Devoy’s actions. (Id.) Further, Mr. Devoy did not discuss these issues with the store’s assistant managers, nor did he assist Ms. Jordan when she met with the assistant managers to discuss the issue. (Id.)

On December 18, 2006, a store associate complained that she overheard three other associates talking about Plaintiff in a derogatory fashion. (Id. at 2) One of the three associates confirmed the content of the conversation. (Id.) On December 21, 2006, someone wrote “faggot” on Plaintiffs locker. (Id.)

In response to these activities, Ms. Jordan re-circulated Defendant’s policy regarding respect to all assistant store managers and department supervisors. (Id.) During a meeting, one department head related that an employee had said if Plaintiff came near him, he would respond with violence. (Id.) When questioned, this employee refused to answer questions about this issue. (Id. at 8)

At some point thereafter, unknown persons wrote the phrase “we don’t need your kind here, go home” in soap on Plaintiffs car. (Id.) While Ms. Jordan recommended that certain employees be disciplined and that Plaintiff be transferred, none of these actions were ever taken. (Id.) Ms. Jordan shortly thereafter ceased working at Defendant’s store. (Id.) Caroline Melamed, Defendant’s regional human resources manager, took over the investigation in January 2007 and advised Plaintiff to be patient. (Id.)

Plaintiff alleges that the harassment continued into 2009. (Id.) Plaintiff made multiple complaints about these incidents, including to Mr. Devoy. (Id. at 4) Mr. Devoy would allegedly either avoid Plaintiff or advise her to speak to human resources. (Id.) At one point, Mr. Devoy questioned why Plaintiff was still working for Defendant if there was so much harassment going on. (Id.) Plaintiff alleges that she was keeping records of these incidents in notebooks, but Mr. Devoy eventually claimed these notebooks as Defendant’s property. (Id.)

Mr. Devoy left his employment with Defendant in the spring of 2009. (Id.) Pláintiff advised the new manager of her status and the repeated harassment to which she had been subject. (Id.) In May of 2009, Plaintiff overheard a vendor saying that Plaintiff “was actually a guy but is a girl now.” (Id.) Despite complaining to both the assistant store manager and the vendor, no actions were taken. (Id.) Later that month, though, one of Defendant’s human resources managers inquired whether Plaintiff brought the harassment upon herself by telling people her “business.” (Id.)

In June 2009, Plaintiff was terminated from her position with Defendant. Defendant claimed the termination was a result of attendance issues, but Plaintiff claims [226]*226she was operating within store attendance policies. (Id.)

II.

“[S]ummary judgment is proper ‘if the pleadings, depositions, answers to interrogatories, and admissions 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 a judgment as a matter of law.’ ” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 56(c)). In deciding a motion for summary judgment, the Court must construe the facts and inferences in a light most favorable to the non-moving party. Pollock v. Am. Tel. & Tel. Long Lines, 794 F.2d 860, 864 (3d Cir.1986). ‘“With respect to an issue on which the non-moving party bears the burden of proof, the burden on the moving party may be discharged by ‘showing’ — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party’s case.’” Conoshenti v. Public Serv. Elec. & Gas, 364 F.3d 135, 145-46 (3d Cir.2004) (quoting Celotex, 477 U.S. at 323, 106 S.Ct. 2548). The role of the Court is not “to weigh the evidence and determine the truth of the matter, but to determine whether there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

III.

A.

Defendant first argues that Plaintiffs claim of harassment is time barred under the LAD’s two year statute of limitations. The Court disagrees.

Plaintiff admits that certain of the instances of harassment were outside the two year statute of limitations.

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

Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Reyes v. McDonald Pontiac GMC Truck, Inc.
997 F. Supp. 614 (D. New Jersey, 1998)
Lehmann v. Toys 'R' US, Inc.
626 A.2d 445 (Supreme Court of New Jersey, 1993)
Roa v. Roa
985 A.2d 1225 (Supreme Court of New Jersey, 2010)
Montells v. Haynes
627 A.2d 654 (Supreme Court of New Jersey, 1993)
Shepherd v. Hunterdon Developmental Center
803 A.2d 611 (Supreme Court of New Jersey, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
804 F. Supp. 2d 223, 2011 U.S. Dist. LEXIS 39108, 94 Empl. Prac. Dec. (CCH) 44,162, 112 Fair Empl. Prac. Cas. (BNA) 56, 2011 WL 1362169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-home-depot-inc-njd-2011.