Mercer v. PHH Corp.

64 F. Supp. 3d 727, 2014 U.S. Dist. LEXIS 167526, 125 Fair Empl. Prac. Cas. (BNA) 795, 2014 WL 6874152
CourtDistrict Court, D. Maryland
DecidedDecember 3, 2014
DocketCivil No. WDQ-13-0050
StatusPublished
Cited by1 cases

This text of 64 F. Supp. 3d 727 (Mercer v. PHH Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mercer v. PHH Corp., 64 F. Supp. 3d 727, 2014 U.S. Dist. LEXIS 167526, 125 Fair Empl. Prac. Cas. (BNA) 795, 2014 WL 6874152 (D. Md. 2014).

Opinion

MEMORANDUM OPINION

WILLIAM D. QUARLES, JR., District Judge.

Vincent T. Mercer, an African-American, sued PHH Corporation for discriminatory termination under 42 U.S.C. § 2000e-2, and retaliatory termination under 42 U.S.C. § 2000e-3. Pending is PHH’s motion for summary judgment. No hearing is necessary. See Local Rule 105.6 (D.Md. 2011). For the following reasons, the motion will be granted.

[729]*729I. Background1

PHH Arval (“PHH”) is a wholly owned subsidiary of PHH Corporation and “one of the leading commercial fleet management companies in North America.” ECF No. 19-3 at ¶ 2 (hereinafter “Ennis Aff.”). PHH “provides outsourced vehicle fleet management solutions to corporate clients.” Id. PHH employees work in call centers that assist drivers, repair shops, and suppliers who are having problems with a corporate client’s vehicles. See ECF No. 19-7 at ¶¶ 2-4 (hereinafter “Bo-lin Aff.”).

A. Contract with Budget and the BTR Call Center

In January 2005, PHH entered into a contract with Avis-Budget Rent-A-Car Corp. Id. Under the contract, PHH would provide 24/7 roadside service for Budget Truck Rental (“BTR”) throughout the year. Id. The contract had a number of different metrics (i.e., measures of PHH’s performance), including call abandon rate and max. wait time. See ECF No. 19-11 at 1 (Investigation Report by Ellen Quinn-Hamlin). “One of the most important” metrics was the Average Speed of Answer (“ASA”), which measured the time it took a PHH call center agent to answer a phone call. See id.; Bolin Aff. at ¶ 6. PHH agreed to keep the ASA to 120 seconds. Bolin Aff. at ¶ 6.

Before 2005, PHH had a single call center for all of its contracts — the Vehicle Maintenance Assistance (“VMA”) call center. See ECF 'No. 19-1 at 10-11; ECF No. 19-13 at 17:19, 26:17-28:4 (hereinafter “Mackin Dep.”) To fulfill their contract commitments, PHH created an additional BTR call center. Id. When a caller contacted the BTR call center, he was routed to an automated system to identify himself as a driver, vendor, or BTR employee. Bolin Aff. at ¶ 4. Based on the caller’s response, the call was routed to one of three extensions or “skills.”2 Id. About 80% of the incoming calls were from BTR drivers having trouble with their trucks. ECF No. 19-6 at 42:3-13 (hereinafter “Mercer Dep.”). When the caller was waiting for a PHH agent to answer his call after routing, the call was said to be “in the queue.” Id. at ¶ 6.

After the call was in the queue, a PHH agent was supposed to answer the call within two minutes and address the caller’s problem. Bolin Aff. at ¶ 4-6. The agent was generally meant to handle a call on her own. See id.; Mercer Dep. 43:14-46:22, 100:14-101:22. The call was only transferred to another PHH employee if the problem was particularly technical or complex, the caller was unhappy, or authorization was required. See id.; ECF No. 19-12 at 20:4-12 (hereinafter “Nehms-mann Dep.”). Skill 427 was an internal extension “reserved for calls requiring more advanced and complex driver and vehicle needs.” Bolin Aff. at ¶ 4. “Before [730]*730transferring a call to [S]kill 427, an agent was required to engage the caller and try to resolve the issue on their own.” Id.

PHH would report to BTR about its performance at the call center, including the ASA number. See Id. at 125. The BTR contract was set for renewal in 2012. EOF No. 19-11 at 2.

B. Mercer’s Position with PHH

In 1999, Mercer began working for PHH in the VMA call center as a VMA agent or “generalist.” Mercer Dep. at 29:12-20. Mercer received calls from suppliers who would recommend repairs and upgrades to clients’ vehicles. Id. at 30:1-13. In January 2001, Mercer resigned to work for a previous employer. Id. at 32:4-7. A year later, Mercer returned to the same position with PHH because PHH could provide him the flexible schedule he needed. Id. at 33:14-35:21. After two or three years, Mercer became a VMA team leader. Id. at 36:17-21. In this position, Mercer oversaw a group of 12 other generalists and technicians.3 Mercer Dep. at 36:17-39:17.

In November 2006, Mercer became a supervisor of the BTR call center. Id. at 36:22-37:3. The other supervisor of the BTR call center was Louis Nehmsmann, a white male. Id. at 40:2-41:11. Mercer’s and Nehmsmann’s responsibilities were “absolutely” similar. Id. at 60:18-22 (“Nehmsmann was a supervisor like myself. We were peers. We shared responsibilities, we worked side by side.”); Nehmsmann Dep. at 34:19-25. Mercer and Nehmsmann oversaw 40 to 43 agents in the BTR call center. Mercer Dep. at 40:2-41:11. Mercer and Nehmsmann’s supervisor was Bob Carvell, the call center manager. See id. at 56:19-58:2. Carvell reported to Kim Bohn, the Vice President of the Contact Center. Nehmsmann Dep. at 34:13-15. Chris Koutek and Wilrosea Moncur were the two team leaders who worked under Mercer and Nehmsmann. Mercer Dep. at 61:14. From 2004 to March, 2009, Mercer consistently received positive scores on his performance evaluations.4

In 2007, in addition to his role as supervisor, Mercer joined PHH’s Diversity Committee. Mercer Dep. at 64:9-66:22. The Diversity Committee was created in 2007 to “bridge[ ] the gap” between lower level employees and management. Id. In 2008, Mercer became the committee’s chairman. Id.

While Mercer was on the Diversity Committee, PHH established a policy of considering qualified minority candidates for job openings. Id. PHH also took suggestions from the committee about how to create a positive work environment for employees. Id. at 67:2-10. Mercer believed that PHH valued the committee’s feedback and supported the committee. See id. at 67:2-68:22. Mercer was never treated differently by a PHH manager or supervisor because of his position on the committee. Id.

C. March 2010 Town Meeting Incident

On March 11, 2010, the new CEO of PHH Corporation, Jerome Selitto, held a “town hall meeting” at PHH headquarters in Sparks, Maryland. See Ennis Aff. at ¶¶ 9-11. During a speech about where PHH was headed and his leadership style, [731]*731Selitto referred to slaves rowing a ship, and monkeys climbing a tree to reach a banana. See ECF No. 19-1 at 25-16; Mercer Dep. at 191:12-192:12. After the meeting, Mercer received several complaints from employees about Selitto’s comments. Mercer Dep. at 197:5-12.

Mercer contacted Rita Ennis, the Senior Vice President of Human Resources.5 Id. Mercer suggested that Selitto meet with the Diversity Committee about the comments. Id. Ennis supported the idea and contacted Selitto to inform him “that his remarks had offended,” and he should meet with the committee. Id. at 202:10-11, 203: — 9; Ennis Aff. at ¶ 11.

Mercer also told George Kilroy, PHH’s president, about the complaints. Mercer Dep. at 203:10-204:5. “[Kilroy’s] response was positive.” Id.

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64 F. Supp. 3d 727, 2014 U.S. Dist. LEXIS 167526, 125 Fair Empl. Prac. Cas. (BNA) 795, 2014 WL 6874152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercer-v-phh-corp-mdd-2014.