Maxton v. Underwriter Laboratories, Inc.

4 F. Supp. 3d 534, 2014 U.S. Dist. LEXIS 35317, 2014 WL 1017062
CourtDistrict Court, E.D. New York
DecidedMarch 17, 2014
DocketNo. 12-cv-1337(ADS)(AKT)
StatusPublished
Cited by20 cases

This text of 4 F. Supp. 3d 534 (Maxton v. Underwriter Laboratories, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maxton v. Underwriter Laboratories, Inc., 4 F. Supp. 3d 534, 2014 U.S. Dist. LEXIS 35317, 2014 WL 1017062 (E.D.N.Y. 2014).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On March 19, 2012, the Plaintiff Brenda Maxton (the “Plaintiff’) commenced this action against her former employer, Underwriter Laboratories, Inc. (the “Defen[538]*538dant”), alleging that the Defendant harassed her, discriminated against her, and retaliated against her in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and in violation of the New York State Human Rights Law, NY. Exec. Law. § 290 et seq. (“NYSHRL”). In particular, the Plaintiff asserted that the Defendant acted against her based on her age, race, religion, and in retaliation for her complaints of the discrimination. Further, although it does not appear that the Plaintiff asserted gender-based discrimination, a liberal reading of the complaint suggests a claim of hostile work environment on the basis of gender.

On June 26, 2012, the Plaintiff filed an amended complaint, withdrawing the state law causes of action.

■ Following discovery, on May 23, 2013, the Defendant moved pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) 66 for summary judgment dismissing the complaint.

In opposition, the Plaintiff expressly withdrew any Title VII discrimination claims based on religion and gender. It also appears that the Plaintiff has abandoned her claims based on age and race. Thus, the pending claims are (1) hostile work environment on the basis of gender and (2) retaliation for complaining about the harassment.

For the following reasons, the Defendant’s motion is granted.

I. BACKGROUND

The following facts are drawn from the parties’ respective Rule 56.1 statements and materials.

The Defendant is a consumer product safety organization that has been writing safety standards and testing products for over 100 years.

The Plaintiff, an African-American Jehovah’s Witness, began working for the Defendant in 1997 as a clerical specialist. In 1998, the Plaintiff voluntarily resigned her employment, but returned later that year as a human resources assistant. In 2005, the Plaintiff was laid off. In 2006, the Defendant rehired the Plaintiff as a Project Handler II in the High Tech Department. Gary Johnson (“Johnson”), a section manager in the High Tech Department, made the decision to re-hire the Plaintiff.

From 2006 until October 2010, Johnson was the Plaintiffs supervisor.

From October 2010 until her termination in February 2011, the Plaintiffs direct supervisor was Norman Lowe, an Engineering Leader. Lowe is African-American. During the same period, Lowe reported to Jon Schuette, an Engineering Manager.

The Plaintiffs primary duty as a Project Handler II was to provide administrative support to the engineers in her section.

In the Defendant’s employee handbook, which is distributed to all employees, the Defendant has an “Equal Employment Opportunity and Prohibition of Discrimination and Harassment” policy, which prohibits discrimination in the workplace on the basis of any protected characteristic. The handbook also contains a complaint procedure, outlining various avenues for employees to report discrimination or harassment, including reporting the incident to any member of the management or the human resources department. When an employee makes a complaint, the human resources department investigates and works to resolve the complaint. Also, the Defendant distributes a Standards of Business Conduct manual to its employees that prohibits discrimination or harassment of employees; operates an ethics hotline that employees can call or email to make a complaint; and requires all em[539]*539ployees to receive discrimination and harassment training annually.

The Plaintiff knew about the Defendant’s procedures for employee complaints because she had been an employee of the human resources department for several years, during which time she worked with human resources policies on a daily basis.

In January 2009, the Plaintiff complained about the behavior of a co-worker, David Keen (“Keen”), to Johnson, her supervisor at the time. In particular, the Plaintiff complained that Keen stared at her; walked close behind, “galloping” on one occasion; followed her around the High-Tech department; and stood behind her chair while he was talking to Lowe, with whom the Plaintiff shared a cubicle. The Plaintiff also complained that when she told a clean-shaven Keen that a picture of him with a mustache was nice, Keen responded by asking the Plaintiff whether she liked him better with or without a mustache.

Johnson warned the Plaintiff that Keen would be angry that she had complained about him. However, Johnson told the Plaintiff that he would talk to Keen about his behavior, which Johnson did. Johnson instructed Keen to behave professionally.

In April 2009, the Plaintiff again complained about Keen’s behavior, this time to Dorlena Dunbar, a Human Resources Manager. The Plaintiff complained to Dunbar that Keen had stood in the aisle outside of her cubicle, and he stared and laughed at her.

That month, Dunbar, with the assistance of another member of the Human Resources Department, conducted an investigation of Plaintiffs complaints about Keen. As part of this investigation, seven employees in the Plaintiffs department were questioned about Keen’s behavior.

On May 8, 2009, the Plaintiff had a meeting with Keen, Dunbar, and Johnson to discuss a resolution to the Plaintiffs complaint. During that meeting, Keen agreed that, in the future, when he stopped by the Plaintiffs cubicle to speak with Lowe, he would sit in Lowe’s visitor chair rather than stand behind the Plaintiffs chair. Keen apologized to the Plaintiff for his behavior. The Plaintiff agreed to this resolution and did not ask the Defendant to take any other measures at that time.

On May 22, 2009, Dunbar followed up with the Plaintiff and each month thereafter through September 2009 to ask the Plaintiff how things were going with Keen. Each time, the Plaintiff informed Dunbar that there were no issues with Keen’s behavior.

In October 2009, the Plaintiff complained in writing to Dunbar that Keen had entered her cubicle and, rather than sit in Lowe’s visitor chair as he had agreed to do, he stood behind the Plaintiff. Following this incident, the Plaintiff asked to have her work station moved to a different cubicle, and the Defendant promptly honored that request.

Separately, the Defendant issued a written warning to Keen concerning his behavior. The warning was placed in Keen’s personnel file. The Plaintiff was satisfied with the Defendant’s resolution of her complaint about Keen and, as a result of her seat change, the visits from Keen ceased.

After October 2009, Keen did not behave inappropriately toward the Plaintiff and she never reported another problem "with him. Keen never (1) harassed the Plaintiff outside of work, (2) asked her on a date; (3) made any comments of a sexual nature to her; (4) touched her; or (5) made any comments about the Plaintiffs body or clothing. Further, the Plaintiff never heard [540]*540that Keen made any comments about her to others.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
4 F. Supp. 3d 534, 2014 U.S. Dist. LEXIS 35317, 2014 WL 1017062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxton-v-underwriter-laboratories-inc-nyed-2014.