Park v. Pulsarlube USA, Inc.

209 F. Supp. 3d 1034, 2016 WL 3551652, 2016 U.S. Dist. LEXIS 85064
CourtDistrict Court, N.D. Illinois
DecidedJune 30, 2016
DocketNo. 14 C 4242
StatusPublished

This text of 209 F. Supp. 3d 1034 (Park v. Pulsarlube USA, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Park v. Pulsarlube USA, Inc., 209 F. Supp. 3d 1034, 2016 WL 3551652, 2016 U.S. Dist. LEXIS 85064 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

James B. Zagel, United States District Judge

Before the Court is Defendant’s Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56. For the following reasons, Defendant’s motion is granted.1

I. BACKGROUND

Plaintiff Nam S. Park (Park) alleges both unlawful sexual harassment and retaliation under Title VII, 42 U.S.C. § 2000e et seq. against Defendant Pulsarlube USA, Inc. (Pulsarlube). Defendant Pulsarlube is a limited liability company operating in Illinois. It produces and supplies machinery and lubricant that are used to grease ball bearings in other machinery.

Park was employed in the production department of Pulsarlube from November 2011 until January 2014. Park worked in the production department with two other employees, her superior, production manager Daniel Jeong (Jeong), and a coworker, Jang Won Kim (Kim). Kim was already employed at Pulsarlube when Plaintiff Park began working there. Jeong, Park, [1038]*1038and Kim worked in a 3,000 square foot room in close proximity to one another.

Park claims that Kim began sexually harassing her early on in her employment at Pulsarlube. She recalls that he found excuses to get physically close to her by placing work materials near her and to be alone with her by inventing reasons to go to a secluded warehouse together. Plaintiff alleges that Kim sat overly close to her at group lunches, so much so that Jeong requested that she change seats. Park also claims that when driving to such lunches, Kim would make constant eye contact with her using the rear view mirror as she sat in the back seat.

Park alleges that Kim made comments to her that she believed to be inappropriate, such as remarking that he liked to be close to her. Park claims that Kim repeatedly asked her to go out to eat with him and go to the movies with him. On one occasion, Park accepted Kim’s invitation to see a movie together. Park further claims that Kim asked her to help him delete images from his iPad, and when she approached, Kim showed her a photo of a nude woman on the iPad. She also alleges that Kim attempted to touch or pat her breasts.

Jeong witnessed several work-related, loud verbal disputes between Park and Kim, but was unaware of Kim’s alleged sexual harassment of Park prior to October 2013, when Park brought her complaints to the company. Jeong also witnessed Kim touching Park’s body with his arms, legs, and feet during meetings, and reprimanded Kim, telling him to stop.

In late October of 2013, after having worked at Pulsarlube for nearly two years, Park informed Miso Shin (Shin) that she was being harassed by Kim. Shin was a female manager in Pulsarlube’s administrative department who did not work in production with Park, Kim, and Jeong. Park told Shin that Kim had been invading Park’s privacy, continually watching Park, and unnecessarily interacting with her during work. Park also told Shin that “a long time ago” Kim had shown her a sexual picture on his iPad and asked her to help him delete it. Shin told Park that if .Kim ever did anything like showing her sexual photos again, she should report it immediately.

On November 6, 2013, Park again complained to Shin and threatened to “call the cops” on Kim because of his behavior. Shin then met with Kim and informed him of Park’s complaints. Kim said that he did not understand what he was doing wrong. Shin asked him to avoid making eye contact with Park and told him that sharing inappropriate images at work was not allowed. Kim explained to Shin that Park had offered to help him erase images on his iPad, but that he understood the warning and would be more careful.

Shin then met with Jeong and asked him to pay attention to the situation. She en-quired if Kim and Park’s workstations could be relocated so as to further separate the two, but Jeong responded that it was not possible because there was not enough work for her elsewhere. He eventually assigned her to perform UPS mailing tasks that would allow Kim and Park to be physically separated.

About half an hour after her first meeting with Shin, Park returned to report to Shin that Kim was behaving even worse and intentionally doing the things that upset her because he knew they bothered her. Shin told Park that Kim was not sure what he was doing that was upsetting her, but to give him time to work on improving the situation. Later the same day, Shin observed that Park was still upset and gathered Park, Kim, and Jeong for a meeting. Park complained that Kim had been leaving the grease pouches he worked with close to her workspace. Kim represented [1039]*1039that he did not know what he was doing wrong. When asked by Shin how the situation could be improved, Park responded that Kim had to stop behaving the way he had been behaving.

After this meeting, Shin returned to the administrative office and observed that some of the office workers were uncomfortable because they had heard Park yelling through the wall. That evening, Shin called Pulsarlube’s owner in Korea to report that the dispute was having negative impacts on office productivity.

On November 15, 2013, Park’s two adult children came to Pulsarlube, wanting to speak with Kim. Shin was unsure if this was allowed and sent them away, telling them they should meet at another time. Shin requested that Park provide her with a written account of the problems with Kim.

On November 27, 2013, Shin received a call on her personal cell phone while at work from a police officer from the Elk Grove police department. Park had given Shin’s cell phone number to the police on November 22, when Park filed the police report.2 Shin asked the police officer to call her back on her office phone and had Kim join her on speaker. The police officer told Kim to leave Park alone. After the phone call with the police, Kim and Park argued at the office. Shin told Park to turn in her detailed written account of her complaints as soon as possible.

In early December, Park gave Shin the promised written account. The account detailed Kim’s behaviors that Park found offensive and incompatible with a work environment, and also acknowledged that she had attended a movie with Kim once in the two years that they had worked together. The next day, Shin provided Park with a document written in English informing Park that her allegations should provide specific details and the dates on which the events had occurred. Park does not speak or read fluent English, and she spoke Korean with coworkers while employed at Pulsarlube. Defendant Pulsar-lube maintains that Shin also verbally communicated this to Park, while Park claims that the only communication of this message was in writing.

Soon thereafter, Shin gave Park a copy of Kim’s response to Park’s account. On either December 10 or 13, 2013, Park submitted a second written complaint, and later submitted a third complaint. Altogether, the complaints reiterated Park’s unhappiness with many of Kim’s previously discussed behaviors.

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Bluebook (online)
209 F. Supp. 3d 1034, 2016 WL 3551652, 2016 U.S. Dist. LEXIS 85064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-v-pulsarlube-usa-inc-ilnd-2016.