Mason v. Southeastern Pennsylvania Transportation Authority

134 F. Supp. 3d 868, 2015 U.S. Dist. LEXIS 124789, 99 Empl. Prac. Dec. (CCH) 45,402, 2015 WL 5544358
CourtDistrict Court, E.D. Pennsylvania
DecidedSeptember 18, 2015
DocketCIVIL ACTION No. 14-cv-1372
StatusPublished
Cited by22 cases

This text of 134 F. Supp. 3d 868 (Mason v. Southeastern Pennsylvania Transportation Authority) 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
Mason v. Southeastern Pennsylvania Transportation Authority, 134 F. Supp. 3d 868, 2015 U.S. Dist. LEXIS 124789, 99 Empl. Prac. Dec. (CCH) 45,402, 2015 WL 5544358 (E.D. Pa. 2015).

Opinion

MEMORANDUM

McHUGH, United States District Court Judge

I. Introduction

In the case now before me, Plaintiff claims that his employer discriminated against him on the basis of race, and that his employer terminated his employment based upon illegitimate and pre-textual circumstances in violation of Title VII of the Civil Rights Act of 1964 (Title VII) and the Pennsylvania Human Relations Act (PHRA). . Defendant has moved for Summary Judgment on the ground that direct evidence of racial animus is remote in time, and in any event, the fellow employee who was allegedly biased was not a deci[870]*870sion-maker in Plaintiffs termination. Plaintiff responds that the manager who fired him acted in reliance on an investigation tainted by racial prejudice, essentially advancing a “cat’s paw” theory of discrimination.

The evidence supporting Plaintiffs claims is marginally sufficient, but sufficient nonetheless. Because there are material factual disputes, the Motion for Summary Judgment must be denied.

II. Summary of Facts

Plaintiff, Junior Mason, an African-American male, worked for Defendant, the Southeastern Pennsylvania Transportation Authority (SEPTA), from 2000 until his discharge in 2011. SEPTA terminated Mason’s employment after deciding that he had lied during an internal investigation and had attempted to bribe a witness. See Def. Ex. 12, Grievance Hearing 6/26/2011. SEPTA defends the termination as a legitimate employment decision, but Mason claims the investigator, SEPTA detective Kathleen Blankley, motivated by racial bias, falsified her investigation report and caused the termination.

The investigation at issue began in May, 2011. Blankley received a report from an officer that Rashad Wroten, an individual with a history of stealing from SEPTA, had been spotted on SEPTA property driving Mason’s truck. Def. Ex. 9, Summary Investigative Report by Kathleen Blankley. Blankley was directed to contact Mason (who was on vacation out of state) and inquire as to whether Mason had lent his truck to the individual or if it had been stolen. Dep. Blankley 13:23-14:6. Blankley reported that Mason told her Wroten did not have permission to drive the truck and that he had left the truck at an auto shop. Def. Ex. 9, Summary Investigative Report by Kathleen Blankley at 2. Her report also claimed the auto shop owner called her the next day. Id. The shop owner reportedly told Blankley that he received a call from Mason in which Mason asked him to lie and say the truck had been stolen from the shop. Id.

The following Monday, Blankley interviewed Mason with two other SEPTA employees, finding “Mason contradicted himself several times in his statement.” Id. The report states Blankley “advised [Mason] not to contact or talk to [the auto shop owner], [Blankley] advised [Mason] that if he does contact, retaliate or has someone else retaliate against [the shop owner], [Blankley] would arrest him for intimidating a witness.” Id. Next, the report alleges. the auto shop owner called Blankley several hours later. Id. at 3. The shop owner claimed Mason had contacted him and offered him five hundred dollars to lie to Blankley about the truck. Id. SEPTA does not dispute that it relied on this report when, in three separate hearings, SEPTA officials found Mason had lied during an investigation, disobeyed Blankley’s no-contact order, and attempted to bribe a witness.

Mason contests the veracity of the report that became the basis for his discipline and termination. He contends that he was the subject of multiple instances of racially biased harassment by Blankley over a long period of time. Blankley’s report, he argues, was the culmination of her biased campaign against him. He claims that the report contained false allegations invented for the purpose of motivating SEPTA to fire him.

Mason cites multiple encounters with Blankley that he says demonstrate her racial bias against him. He described an instance in 2008 in which Blankley approached Plaintiff while he was carrying a box to his car. Plaintiff had a Fraternal Order of Police medallion — a gift from a relative — on his license plate. Plaintiff [871]*871claims Blankley objected to his possession of the medallion, telling him, “What the fuck are you doing with the F.O.P. thing on your license plate? ... You’re not a cop.... You’re not allowed to have it, because you were locked up before.” Dep. Mason 85:3-12. Blankley ordered Plaintiff to give her the medallion. Id. at 85:13. Mason recalled at deposition while Blank-ley walked away, “That’s when she used that term ‘dumb ni* *ers.’ And then she said ‘Just don’t get it.’ ” Id. at 86:24-87:2. Mason claims Blankley frequently asked him, “Are you staying out of trouble?” and once hit him in the back of the legs with a briefcase, saying “You never know where I’ll be.” Dep. Mason 101:4-102:5. Mason explained why he felt Blankley’s comments offended him: “Asking me if I’m staying out of trouble. I found that kind of offensive. Like, she was trying to insinuate that I was a criminal or something.” Id. at 106:3-6. With one exception, these comments were not overtly racist, but could be considered to embody cultural stereotypes derogatory towards African Americans — that they are law breakers who bear watching.

Mason described Blankley’s investigation as threatening and biased. He claims that during the investigation, Blankley frequently told him he was going to lose his job. Id. at 130:1-12. Mason recounted in deposition that after speaking with Blank-ley, he called the auto shop owner’s assistant inquiring about the location of his truck. Id. at 185:18-187:11. According to Mason, later the same day the assistant called Mason and told him Blankley had telephoned and threatened Mason’s job. Id. at 187:4-8.1 The next day Mason spoke with the auto shop owner. Mason claims the owner told Mason that Blankley had visited the shop and alleged Mason promised to .get a SEPTA job for the shop assistant. Id. at 193:12-21. Mason further alleges the shop owner recounted that Blankley had threatened to shut down his business. Id. at 237:21-238:6. Mason flatly denies ever attempting to bribe the auto shop owner. Plaintiffs Answers to Interrogatories at No. 1.

Mason asserts that during his interview with Blankley and other investigators, he did not have an opportunity to read the statement that Blankley recorded. Dep. Mason 208:1-13. He argues his statements were not accurately recorded. “I never told them that I lent the truck to anybody, because I didn’t. These questions go from left field to right field.” Id. 236:10-13. He also disputes SEPTA’s claim that Blankley forbade him to have any contact with the auto shop owner. Mason seems to claim that he understood the order to fall short of a blanket no-contact instruction. “Well, she told me not to go over there, call him or harass him. She didn’t say, You’re not allowed to have contact with [the shop owner] while my investigation is going on or X, Y and Z.” Id. at 225:16-20. Mason claims the shop owner called Mason, not the other way around, and that the call Mason received was his last contact with the owner of the auto shop.2

[872]*872Mason does not dispute that he went through three separate hearings that reviewed Blankley’s report, heard testimony from Mason, and ultimately upheld the termination decision.

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134 F. Supp. 3d 868, 2015 U.S. Dist. LEXIS 124789, 99 Empl. Prac. Dec. (CCH) 45,402, 2015 WL 5544358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-southeastern-pennsylvania-transportation-authority-paed-2015.