Johnson v. Verizon New England, Inc.

23 Mass. L. Rptr. 40
CourtMassachusetts Superior Court
DecidedAugust 22, 2007
DocketNo. 051639
StatusPublished
Cited by1 cases

This text of 23 Mass. L. Rptr. 40 (Johnson v. Verizon New England, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Verizon New England, Inc., 23 Mass. L. Rptr. 40 (Mass. Ct. App. 2007).

Opinion

Agnes, Peter W., J.

INTRODUCTION

The plaintiff, Rhonda Johnson (“Johnson”), filed this action against the defendants2 Verizon New England, Inc. (“Verizon”), Stephen Pasquale (“Pasquale”), Kenneth Weiss (“Weiss”), Peter Ravanis (“Ravanis”), and Howard White (“White”), in connection with alleged misconduct and gender discrimination at her place of employment. The Court previously dismissed Counts II, V, and VI against Verizon, Ravanis, and White. The matter is before the Court on the defendants’ motion for summary judgment as to all remaining counts.3 For the following reasons, the defendants’ motion is ALLOWED as to all remaining counts.

BACKGROUND

The summary judgment record read in the light most favorable to the non-moving party, Johnson, is as follows: Johnson was a splice service technician for Verizon at its Brooks Street location in Worcester between May 1996 and June 2004. She was the only female member of her crew and one of two females working with over one hundred males at the facility. Pasquale and Weiss were among her work colleagues on her night shift. Johnson became friends with Pasquale and Weiss both at and outside of work. As part of their friendship dynamic, they regularly teased one another, exchanged jokes, and engaged in horseplay that included disconnecting each other’s telephones and portable computerized devices (commonly known as CATs). Johnson actively participated in those activities and never complained that she found any of the teasing, joking, or horseplay to be offensive until June 2004. At one point, however, Johnson asked for Pasquale’s advice on handling another coworker’s remarks, which she had interpreted as de-rogatoiy towards women. She followed his advice and spoke to the co-worker, who apologized, indicated he meant no offense, and did not bother her again. The incident was never reported to Verizon.

In addition, Johnson and Pasquale worked together in various remote locations. Pasquale’s wife also became a friend of Johnson and frequently exchanged books with her. Also, Pasquale sought help from Johnson in performing carpentry work at his home. Similarly, Johnson and Weiss attended a co-worker’s wedding together with Weiss’ wife.

In finishing a typical shift at work, Johnson and her colleagues would proceed to Verizon’s facility in Worcester, complete paperwork, and transfer dispatch data using their CAT devices. On one particular occasion in September 2003, Johnson arrived at the facility to complete her duties for the day. When she noticed Pasquale was operating his CAT device, she shut off the power to the CAT. She then proceeded to make a telephone call, during which Pasquale depressed the hang-up button. Pasquale and Weiss continued to prevent her from placing the call a few more times. Pasquale also unplugged the cord from Johnson’s telephone two times. Johnson and Pasquale then engaged in a “tug of war” with the phone cord as other colleagues watched and laughed. Both Johnson and Pasquale were pulling and tugging on the cord. Johnson pulled the cord, leaning back toward her seat, at which point the cord came free of Pasquale’s hands.4 Johnson fell onto the floor, rather than in her chair, landing on her buttocks and bruising her tailbone. Weiss had allegedly moved away her chair. She then got up and sat in a seat until she left for the day.

Johnson went to the hospital the next day for treatment for her injured tailbone. She informed her supervisor, Ravanis, that she had been injured during some horseplay and tug of war while on the job, but did not divulge the identities of the other co-workers involved. She remained out of work for approximately two months, during which time she received workers’ compensation benefits. Pasquale communicated with Johnson from time-to-time to inquire as to her well-being. However, Johnson claims that sometime after she returned to her job, a conversation amongst her co-workers occurred, during which the subject of overtime work opportunities, leaving early, and the need for a supervisor were discussed. At that time, Weiss told her that she should be “knocked on [her] ass again” and stated that “she doesn’t get it.”

Johnson suffered a subsequent injury while exercising at her local gym a short time later. She stayed out of work until June 2004 while on short-term disability. When she returned to work, Pasquale had installed a sign on her truck, which read “Caution: Blonde at Work.” Johnson was amused by the sign and left it there.

On June 10, 2004, Johnson was given a special assignment. She arrived at the wrong location that day and telephoned Pasquale, who told her that the assignment was cancelled and given to him instead because she did not have the qualifications necessary for the type of work involved. Pasquale then met with Johnson at the correct location; they argued with one another on the issue of Johnson’s qualifications for the assignment. Johnson accused Pasquale of taking her off of the assignment, though he did not have authority to do so. They continued to argue when they returned to the Worcester facility that evening. Pasquale was irritated by Johnson’s reaction and told [42]*42her that she was acting as though she had more experience than she actually did, that she had a “twenty year attitude,” and that she “[did] not know [her] place.” He indicated that she should nó longer ask her co-workers for assistance. It is alleged that Pasquale also told her that “maybe [he did] need to knock [her] on [her] ass again.”

After that conversation, Johnson informed her second level manager, White, of the incidents with Pasquale and Weiss. In particular, White was unaware of the tug of war incident the year before. She also told her story to Gary Daly (“Daly”), a union representative, by telephone. White arranged a meeting with Daly, Johnson, Weiss, Pasquale, and Sue Desy (“Desy”), a management representative, for later that day. During the meeting, Johnson told Pasquale and Weiss that they had upset her, that she no longer felt safe as their co-worker, and that she wished them to stay away from her. Both Pasquale and Weiss agreed to leave her alone and left the meeting. They did not communicate or interact with her again after that time. She also indicated her feelings to White that her mistreatment by Pasquale and Weiss was due to her gender. White asked Johnson to write him a written report of what happened during the tug of war incident and her later conflicts with Pasquale and Weiss.

At the end of June, Johnson asked Ravanis if he recalled her injury in 2003, though she had not spoken to him of it or any other incidents involving Pasquale or Weiss since that time. Ravanis remembered Johnson telling him that she fell on her tailbone when she went to sit down in her seat, which she did not realize was not there. In addition, Johnson asked White to appoint a night supervisor, as she was fearful of working at the facility where Pasquale and Weiss could be present. White suggested that Jeff Clarkson (“Clarkson”) should serve as the supervisor and that Johnson work an alternative shift arrangement, including a day shift. Johnson and Clarkson had previously worked with one another that year. They worked together well and without problems. However, Johnson declined White’s offer. While driving to work the following morning, Johnson suffered a panic attack out of her concern over the prospect of Clarkson becoming the night shift supervisor — she was concerned about his alleged friendship with Pasquale and Weiss. She did not arrive at work that day and has not been to work since then.

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Bluebook (online)
23 Mass. L. Rptr. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-verizon-new-england-inc-masssuperct-2007.