Newtown v. Shell Oil Co.

52 F. Supp. 2d 366, 1999 U.S. Dist. LEXIS 8805, 1999 WL 382592
CourtDistrict Court, D. Connecticut
DecidedJune 8, 1999
DocketNo.3:97CV00167(GLG)
StatusPublished
Cited by10 cases

This text of 52 F. Supp. 2d 366 (Newtown v. Shell Oil Co.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Newtown v. Shell Oil Co., 52 F. Supp. 2d 366, 1999 U.S. Dist. LEXIS 8805, 1999 WL 382592 (D. Conn. 1999).

Opinion

OPINION

GOETTEL, District Judge.

This is an employment discrimination and sexual harassment action brought by plaintiff, Sandra L. Newtown, against her former employer, Shell Oil Co. (“Shell”), and four individual defendants (current or former employees of Shell), in which plaintiff claims that she was discriminated against on the basis of her sex, subjected to a hostile workplace environment, retaliated against, and discharged because of her objection to the unlawful employment practices. Plaintiff has asserted claims under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”) and Connecticut Gener *369 al Statutes § 46a-60(a)(l) & (8), as well as pendent state claims for intentional and negligent infliction of emotional distress and tortious breach of employment contract. Defendants have moved for summary judgment on all counts of plaintiffs complaint. For the reasons set forth below, this Court grants the individual defendants’ motions, and grants in part and denies in part defendant Shell’s motion.

SUMMARY JUDGMENT STANDARD

A motion for summary judgment may not be granted unless the Court determines that there is no genuine issue of material fact to be tried and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). The burden of demonstrating the absence of a genuine dispute as to a material facts rests with the moving party, in this case the defendants. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). In assessing the record to determine whether any genuine issues of material fact exist, this Court is required to resolve all ambiguities and draw all permissible factual inferences in favor of the non-moving party. See McLee v. Chrysler Corp., 109 F.3d 130, 134 (2d Cir.1997). The moving party may obtain summary judgment by showing that little or no evidence may be found in the record in support of the nonmoving party’s case. See Gallo v. Prudential Residential Servs., Ltd., 22 F.3d 1219, 1223 (2d Cir.1994). When no rational jury could find in favor of the nonmoving party because the evidence in support of its case is so slight, there is no genuine issue of material fact and the grant of summary judgment is proper. Id.

The Second Circuit has held, however, that a district court should exercise particular caution when deciding whether summary judgment should issue in an employment discrimination case. See id. at 1224. Because writings directly supporting a claim of intentional discrimination are rarely, if ever, found among an employer’s documents, a trial court must be particularly cautious about granting summary judgment when the employer’s intent is at issue, which, of course, is almost always the case. Affidavits and depositions must be scrutinized for circumstantial evidence which, if believed, would show discrimination. Id.

Accordingly, we set forth the facts in the light most favorable to plaintiff.

FACTS

Plaintiff Sandra Newtown was employed by defendant from October 29, 1991 until her termination on September 27, 1995. Ms. Newtown began her employment with Shell Oil Products Co.’s Marine Department in Houston, Texas as a Transportation Analyst. After receiving favorable performance reviews, plaintiff was promoted in July 1994 and was transferred to Shell Oil Co.’s Bridgework, Connecticut distribution plant to assume the position of Delivery Supervisor. Plaintiff replaced defendant Kenneth Johnson in that position. Johnson, who was responsible for training plaintiff as his replacement, made a lateral move to assume the position of Facilities Supervisor. Both plaintiff and Johnson, as co-supervisors, reported to defendant Glenn Fillion, Plant Manager. Plaintiff also names as defendants in this action David Williams (Shell’s Human Resource Representative) and Jim Munson (Shell’s Area Business Manager).

Plaintiff alleges that in September 1994, Johnson began to harass her, creating a sexually hostile or offensive workplace environment which was aided or maintained by Shell. Plaintiff specifically complains that: 1) on one occasion in the fall of 1994, Johnson referred to her as a “wench”; 2) on one occasion in October 1994, Johnson called her a “cunt,” outside of her presence but within the hearing of several other employees who reported to the plaintiff; and 3) Johnson frequently referred to her as “woman” in a derogatory manner during the fall of 1994. Plaintiff complains that Johns’s conduct created a hostile and *370 offensive work environment, caused her distress, embarrassment, shame, and humiliation,. and undermined her supervisory authority over other employees.

Plaintiff reported Johnson’s conduct to Fillion, her immediate supervisor, on November 1, 1994. Plaintiff alleges that Fil-lion took no action regarding her complaint, although Shell claims that Fillion met with Johnson to warn him about his conduct. On November 20, 1994, plaintiff notified Williams, Shell’s Distribution Department’s Human Resources Representative, of the alleged sexual harassment. On March 8, 1995, plaintiff sent a letter complaining about Johnson’s conduct to Fillion and Munson, as well as to Ray Hahn, Fillion’s superior, and to Bob Muser, Williams’s superior. Shell sent a Human Resources representative, Deirdre Ches-tang, to investigate the charges. Shell claims that the report issued by Ms. Ches-tang concluded that there was no basis for the complaint. Munson and Williams met with Newtown on March 29, 1995 to. inform her of the results of the investigation and to give her a poor performance review. Plaintiff alleges that a pattern of retaliation began after her first complaint in November 1994 to Fillion, including reprimands, poor performance reviews, and lower bonus payments, ultimately resulting in Shell terminating her employment on September 27,1995.

Plaintiff first filed her complaint, as required under Title VII, with the Connecticut Commission on Human Rights and Opportunities (“CCHRO”) and the Equal Employment Opportunity Commission (“EEOC”), alleging sexual discrimination and sexual harassment. Her complaint was released for suit by the CCHRO on October 29, 1996 and by the EEOC on November 29,1996.

Plaintiff filed her complaint in federal court on January 27, 1997, setting forth twelve counts against the various defendants. Plaintiff asserts claims under Title VII in Counts One through Five of the complaint against all defendants. In Count One, she asserts that defendants’ conduct denied her equal terms and conditions of employment on the basis of sex. Count Two adds the element of intent to the claims set forth in Count One. Count Three sets out a claim of sexual harassment, and Count Four sets out a hostile workplace environment claim.

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Bluebook (online)
52 F. Supp. 2d 366, 1999 U.S. Dist. LEXIS 8805, 1999 WL 382592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newtown-v-shell-oil-co-ctd-1999.