Martinelli v. Bancroft Chophouse, LLC

357 F. Supp. 3d 95
CourtDistrict Court, District of Columbia
DecidedFebruary 22, 2019
DocketCivil Action No. 17-12163-NMG
StatusPublished
Cited by1 cases

This text of 357 F. Supp. 3d 95 (Martinelli v. Bancroft Chophouse, LLC) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinelli v. Bancroft Chophouse, LLC, 357 F. Supp. 3d 95 (D.D.C. 2019).

Opinion

D. Subsequent Conduct

Plaintiff alleges that he was thereafter subjected to "an overall uncomfortable feeling" when he would walk into the restaurant and felt as though he was being ostracized by The Bancroft management. The only specific incident that Martinelli can recall, however, involved his request of another manager to help him find a particular wine. The Manager acted annoyed and told him that it was located in the cooler. Martinelli complains generally that he was ignored by the managers and no longer felt like part of a family.

Plaintiff concedes that no member of management, other than Seznec, ever said anything sexually offensive to him and that after his complaint Seznec never made any other sexual comments to him. Furthermore, Martinelli concedes that he made no complaints to Brackett or Human Resources after the meeting on September 19, 2014, nor did he ever speak to anyone in management about being treated differently after his complaint about Seznec. Martinelli offers no evidence to establish that the other managers were even aware of his complaint about Seznec.

On October, 10, 2014, Martinelli interviewed with another restaurant and was hired that same day. He resigned his employment *101with The Bancroft the following day, approximately two weeks after he had submitted his complaint about Seznec. He began working at the new restaurant shortly thereafter.

E. Procedural History

At some point after terminating his employment with The Bancroft, Martinelli filed a claim with the Massachusetts Commission Against Discrimination ("the MCAD") for sexual harassment. In that complaint, he alleged hostile work environment, retaliation and constructive discharge.

The MCAD found a lack of probable cause on all three counts and dismissed Martinelli's claim. Among the MCAD's findings were that 1) even if taken as true, plaintiff's allegations with respect to a hostile work environment were insufficiently severe or pervasive to alter the conditions of his employment, 2) there was insufficient evidence that the conduct of the managers was retaliatory and 3) plaintiff failed to establish a prima facie case for constructive discharge because the alleged conduct was not so intolerable as to compel a reasonable person to resign.

In September, 2017, Martinelli filed a complaint for employment discrimination under Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e, etseq., and M.G.L. c. 151B, § 4 in the Middlesex Superior Court. Defendant removed the case to this Court shortly thereafter. In September, 2018, defendant filed a motion for summary judgment.

Defendant asserts that its motion should be allowed because: 1) the alleged conduct was neither severe nor pervasive nor was it subjectively offensive and thus plaintiff cannot sustain his hostile work environment claim; 2) Martinelli cannot establish the elements for quid pro quo harassment; 3) he cannot establish a causal connection between the alleged adverse employment actions and his protected activity in order to prevail on his retaliation claim; and 4) the alleged conduct of the managers was not severe and intolerable to the point of causing a constructive discharge. Martinelli responds that there are genuine issues of material fact and thus summary judgment is inappropriate.

II. Motion for Summary Judgment

A. Legal Standard

The role of summary judgment is "to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial." Mesnick v. Gen. Elec. Co., 950 F.2d 816, 822 (1st Cir. 1991) (quoting Garside v. Osco Drug, Inc., 895 F.2d 46, 50 (1st Cir. 1990) ). The burden is on the moving party to show, through the pleadings, discovery and affidavits, "that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56 (a).

A fact is material if it "might affect the outcome of the suit under the governing law ...." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A genuine issue of material fact exists where the evidence with respect to the material fact in dispute "is such that a reasonable jury could return a verdict for the nonmoving party." Id.

If the moving party satisfies its burden, the burden shifts to the non-moving party to set forth specific facts showing that there is a genuine, triable issue. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The Court must view the entire record in the light most favorable to the non-moving party and make all reasonable inferences *102in that party's favor. O'Connor v. Steeves, 994 F.2d 905, 907 (1st Cir. 1993). Summary judgment is appropriate if, after viewing the record in the non-moving party's favor, the Court determines that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law.

B. Employment Discrimination
1. Legal Standard

Both Title VII and Chapter 151B prohibit employers from discriminating against their employees on the basis of sex. 42 U.S.C. § 2000e-2(a)(1) ; M.G.L. c. 151B, § 4. One way that those provisions are violated is by subjecting an employee to an abusive or hostile work environment.

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357 F. Supp. 3d 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinelli-v-bancroft-chophouse-llc-dcd-2019.