McNeil v. Greyhound Lines, Inc.

69 F. Supp. 3d 513, 2014 U.S. Dist. LEXIS 165306, 125 Fair Empl. Prac. Cas. (BNA) 486, 2014 WL 6676637
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 25, 2014
DocketCivil Action No. 13-1947
StatusPublished
Cited by9 cases

This text of 69 F. Supp. 3d 513 (McNeil v. Greyhound Lines, Inc.) 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
McNeil v. Greyhound Lines, Inc., 69 F. Supp. 3d 513, 2014 U.S. Dist. LEXIS 165306, 125 Fair Empl. Prac. Cas. (BNA) 486, 2014 WL 6676637 (E.D. Pa. 2014).

Opinion

MEMORANDUM

ANITA B. BRODY, District Judge.

Plaintiff Wayne McNeill1 brings suit against his former employer, Defendant Greyhound Lines, Inc. (“Defendant” or “Greyhound”). McNeill alleges that Defendant Greyhound, through its managers, supervisors, agents, and employees, subjected him to disparate treatment because of his race and gender and retaliated against him, all in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., and the Pennsylvania Human Relations Act (“PHRA”), 43 Pa. Stat. Ann. § 951 et seq.2 Jurisdiction is proper pursuant to 28 U.S.C. §§ 1331, 1343, and 1367.

Defendant moves for summary judgment on all of McNeill’s claims.3 For the reasons set forth below, I will grant Defendant’s motion and dismiss Plaintiffs Complaint.

[516]*516I. BACKGROUND4

Plaintiff Wayne McNeill is an African American male who has worn his hair in dreadlocks since 2007. Pl.’s Dep. 128:21-23. McNeill worked for Defendant Greyhound as a bus driver from June 13, 1998 until his termination on January 3, 2013. Id. 72:9-10; 77:9-12.

A. McNeill’s Hiring and Work History at Greyhound

In April 1998 Greyhound hired McNeill to work as a bus driver. Id. 71:22-72:16. During his training period in April and May 1998, McNeill received the Greyhound drivers’ rule book and work rules, which explain the types of employee conduct that can result in termination, such as insubordination or discourtesy to any customer. Def.’s Br. Ex. B; id. Ex. C; Pl.’s Dep. 89:5-90:5. After McNeill completed his training, he started working as a driver on June 13, 1998. Pl.’s Dep. 72:5-10. During his career with Greyhound, he was based out of the Philadelphia terminal. Id. 90:9-15. His routes often included a layover in Scranton, Pennsylvania. Id. 127:21-128:20.

Reginald James was one of McNeill’s supervisors from early 2000 until McNeill’s termination, first as the Philadelphia operations supervisor and subsequently as the Philadelphia operations manager. James Dep. 5:15-16; 18:1-14. James supervised 70 to 80 drivers, with whom he interacted on a daily basis during their shifts. Id. 21:21-22:1; 22:8-23:7. Although James was the driver manager, during the last few years of his employment McNeill directly reported to Roger Gibson, who ran the Philadelphia bus station. PL’s Dep. 75:3-5, 16-25. During those years McNeill’s immediate ■ supervisors were Christopher Wilson and Sam Dixon. Id. 75:6-12.

B. Greyhound Employment and Termination Policies

In 2012 McNeill received a copy of Greyhound’s grooming policy. Id. 133:10— 21; Def.’s Br. Ex. D. Greyhound’s hair styling and coloring policy for men states:

Hair should be neatly combed and trimmed, cut and tapered so it does not extend beyond or cover any part of ears and does not stick out over shirt collar. Extems [sic] in dyeing, bleaching or coloring are unacceptable. ' If hair color is changed, it must be natural looking in appearance and well-maintained.

Def.’s Br. Ex. D (Field Employee Grooming Standards and Dress Code Guidelines).

Greyhound’s hair styling and coloring policy for women states:

Hair should be neatly combed, trimmed and styled away from face. Extremes in dyeing, bleaching or coloring is unacceptable. If hair color is changed, it .must be natural in appearance and well-maintained.

Id.

The grooming policy does not prohibit drivers from wearing dreadlocks. PL’s Dep. 142:23-25.

Since James has worked as a supervisor, he does not know of any employees who have been terminated for violating the grooming policy. James Dep. 30:16-17; 36:5-24. Employees have been terminated for customer complaints and for getting into accidents. Id. 29:20-30:7. They have also been terminated for violating the “G4” [517]*517personal conduct/courtesy policy. Id. 30:20-21; 39:7-42:6. The “G4” policy states: “It is the driver’s responsibility to be pleasant and courteous in dealing with passengers, regulatory or enforcement authorities, the public, and fellow employees. To avoid an argument, where possible, the dispute shall be referred to a supervisor or to resolve whatever problems exist.” Def.’s Br. Ex. P.

In making a termination decision, a Greyhound manager may consider an employee’s safety infractions regardless of when they occurred. James Dep. 89:20-90:4. A Greyhound manager may also consider an employee’s non-safety violations from the previous twenty-four months. Id. 90:5-14.

C. The Conflict Between McNeill’s Hairstyle and the Greyhound Grooming Policy

In 2007 McNeill began wearing his hair in dreadlocks. PL’s Dep. 128:21-23. At work he kept his hair “tied back in a ponytail” hanging down his back. Id. 113:9-14. He preferred not to tie his hair up off of his back or to put it under a hat. Id. 114:10-19. However, he could tie his hair up. Id. 114:20-23.

After McNeill began wearing his hair in dreadlocks, McNeill’s supervisors told him he had to wear his hair up or under his hat in compliance with the grooming policy. Pl.’s Dep. 203:8-14. He was told “[he] ha[s] to do something about [his] hair” and he must “tie it up, cover it up. Do something with it.” Id. 257:19-20. McNeill was not the only employee who violated the grooming policy. James Dep. 28:18-29:1. Disciplinary decisions for grooming policy violations are handled by employees’ managers and “depend[ ] on the manager, depend[ ] on the situation.” Fleischhauer Dep. 73:5-17. Each violation is “handled individually.” Id. 73:19.

D. Incidents

Greyhound disciplined McNeill several times between 1999 and 2010 for poor attendance, missing logs, failing to load freight onto his bus, and failing to follow directions related to a customer complaint. See Def.’s Br. Exs. E, F, H, I, J, K, L; PL’s Dep. 205:2-12; 205:24-206:22. In May 2002 McNeill was driving a Greyhound bus when he got into an accident because he failed to yield right-of-way. Def.’s Br. Ex. G. For this incident McNeill appeared before Michael Fleischhauer, who was then Greyhound’s District Manager. PL’s Dep. 208:6-20. Fleischhauer found McNeill at fault. Id. 208:23-25.

1. Interactions with Fleischhauer

Michael Fleischhauer currently serves as Greyhound’s Regional Vice President for the Northeast. Fleischhauer Dep. 6:21-22. He is based out of Greyhound’s New York City office but travels throughout the Northeast region from Montreal, Canada to Charlotte, North Carolina. Id. 54:15-16; 56:20-23. Fleischhauer “implement[s] the procedures and policies of Greyhound in that area.” Id. 7:2-6. He is “not involved in the day-to-day running of ...

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69 F. Supp. 3d 513, 2014 U.S. Dist. LEXIS 165306, 125 Fair Empl. Prac. Cas. (BNA) 486, 2014 WL 6676637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcneil-v-greyhound-lines-inc-paed-2014.