Michael Gerhart v. Exelon Corp

461 F. App'x 143
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 6, 2012
Docket11-1765
StatusUnpublished
Cited by1 cases

This text of 461 F. App'x 143 (Michael Gerhart v. Exelon Corp) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Gerhart v. Exelon Corp, 461 F. App'x 143 (3d Cir. 2012).

Opinion

OPINION

GREENAWAY, JR., Circuit Judge.

Michael Gerhart (“Gerhart”) brought suit against his former employer, Exelon Corporation (“Exelon”), in the Court of Common Pleas of Lehigh County, Pennsylvania, alleging claims under Title VII and the Pennsylvania Human Rights Act, as well as intentional interference with prospective contractual relations. The case was removed to the Eastern District of Pennsylvania. Shortly thereafter, Exelon filed a motion for summary judgment. The District Court granted the motion on the ground that Gerhart had waived his claims in signed agreements with Exelon.

Since no substantial question is presented by Gerhart’s appeal, we will affirm.

I. BACKGROUND

We write primarily for the benefit of the parties and recount only the essential facts.

Gerhart’s employment at Exelon’s Limerick, Pennsylvania nuclear power plant commenced in 1996. In 2003, he sought and was granted unescorted access to the plant, in a process similar to obtaining security clearance. As part of that process, he signed a “PADS Consent Form” 1 with which he agreed that Exelon could “obtain, retain and transfer information necessary to determine whether to grant [him] unescorted access.” (App.41.) The Form specifically noted that the Nuclear Regulatory Commission (“NRC”) requires that “this information be used in determining that an individual is trustworthy, reliable, and fit-for-duty prior to granting and while maintaining unescorted access.” (Id.) It also released Exelon and its agents from “any and all liability based on their authorized receipt, disclosure, or use of the information obtained pursuant to this Consent.” (Id.)

In April 2007, Gerhart was interviewed by Exelon’s security manager as a witness to an alleged act of sexual harassment that had taken place in a locker room at the plant. After the interview, Gerhart left a telephone message for the alleged victim. When confronted by the security manager about the inappropriateness of this contact, Gerhart “clarified]” his earlier testimony. (Id. at 17.) Exelon determined that Gerhart had provided false information during this internal investigation and, as a result, it denied him unescorted ac *145 cess to the nuclear power plant based on concerns about his “trustworthiness and reliability.” (Id. at 43.) Gerhart appealed this decision, but the appeals were denied. Although a peer review process determined that he had not been lying, his unescorted access was not restored. Without unescorted access, Gerhart could not perform his job duties, and he was terminated on November 20, 2007.

As part of the termination process, Ger-hart signed a Waiver and Release drafted by Exelon in exchange for receiving thirty-three weeks of severance pay and other severance benefits. With that document, Gerhart agreed that “[i]n exchange for the optional severance benefits to be provided ... I knowingly and voluntarily agree to this waiver and release of claims.” (Id. at 44.) Included were “claims of whatever nature that I now have or that I may ever have against the Released Parties up until the date I sign this Waiver and Release.” (Id.) The release provided examples of waived claims and explicitly included claims under Title VII of the Civil Rights Act of 1964 and claims of discrimination in employment, retaliation, wrongful discharge, and “any other common law tort or statutory claims.” (Id. at 44-45.)

Gerhart applied for employment with a number of other nuclear energy companies. However, the record showing that Gerhart’s unescorted access had been rescinded by Exelon remained in the PADS database, accessible to other NRC-regulated entities. Gerhart was selected for at least two other positions, but these prospective employers noted that record and opted not to hire him.

Gerhart initiated this action against Ex-elon on August 14, 2008, by filing a complaint with the Pennsylvania Human Rights Commission and the Equal Employment Opportunity Commission (“EEOC”). After receiving a right-to-sue letter from the EEOC, Gerhart filed suit in Pennsylvania state court. He later amended the complaint, alleging claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-S(a), and the Pennsylvania Human Relations Act, 43 P.S. §§ 951-963, as well as a tort claim for intentional interference with prospective contractual relations. (App.21). He alleges that Exelon’s failure to rescind the denial of unescorted access constitutes an act of retaliation subsequent to his signing of the Waiver and Release. The suit was removed to the United States District Court for the Eastern District of Pennsylvania.

Exelon moved for summary judgment, arguing that Gerhart had released Exelon from his claims with both the PADS Consent Form and the Waiver and Release he signed in order to obtain his severance package. It also argued that a number of Gerhart’s claims were untimely and that the District Court lacked jurisdiction to consider the denial of unescorted access because nuclear power plant access is within the exclusive purview of the NRC.

The District Court granted Exelon’s motion and entered summary judgment in its favor. In its memorandum opinion, the District Court agreed that Gerhart had waived his claims by signing both waiver documents. It noted that Gerhart had not raised any issues concerning the validity of the Waiver and Release and it rejected his argument that Exelon’s refusal to rescind the denial of unescorted access constitutes a post-termination action about which he had not waived his claims. The District Court also noted that, since Gerhart had filed no response to Exelon’s Rule 56(c) statement of undisputed facts, it would consider those facts to be undisputed. Gerhart timely appealed.

*146 II. JURISDICTION AND STANDARD OF REVIEW

The District Court had jurisdiction under 28 U.S.C. § 1331 and supplemental jurisdiction under 28 U.S.C. § 1367. We have jurisdiction over the appeal from the final orders of the District Court pursuant to 28 U.S.C. § 1291.

We exercise plenary review over a district court’s grant of summary judgment. Azur v. Chase Bank, USA, Nat’l Ass’n, 601 F.3d 212, 216 (3d Cir.2010). Summary judgment is appropriate “where the pleadings, depositions, answers to interrogatories, admissions, and affidavits show there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.” Id. at 216 (quoting Nicini v. Moira, 212 F.3d 798, 805-06 (3d Cir.2000) (en banc)). 2

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

Related

Greene v. Entergy Operations
Fifth Circuit, 2025

Cite This Page — Counsel Stack

Bluebook (online)
461 F. App'x 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-gerhart-v-exelon-corp-ca3-2012.