Pittington v. Great Smoky Mountain Lumberjack Feud, LLC

213 F. Supp. 3d 951, 2016 U.S. Dist. LEXIS 134405, 2016 WL 5485107
CourtDistrict Court, E.D. Tennessee
DecidedSeptember 29, 2016
DocketNo.: 3:14-CV-466-PLR-CCS
StatusPublished
Cited by4 cases

This text of 213 F. Supp. 3d 951 (Pittington v. Great Smoky Mountain Lumberjack Feud, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pittington v. Great Smoky Mountain Lumberjack Feud, LLC, 213 F. Supp. 3d 951, 2016 U.S. Dist. LEXIS 134405, 2016 WL 5485107 (E.D. Tenn. 2016).

Opinion

MEMORANDUM OPINION

Pamela L. Reeves, UNITED STATES DISTRICT JUDGE

Plaintiff Pam Pittington brings this action against her former employer, the Great Smoky Mountain Lumberjack Feud, LLC (LJF) alleging LJF retaliated against her for filing a charge of sexual harassment against a member of management of LJF, resulting in her being constructively discharged. LJF, on the other hand, asserts that Pittington failed to report for work as scheduled and abandoned her job with LJF. Presently before the court are the parties’ cross-motions for summary judgment [R. 13,15].

I. Positions of the Parties

A. Plaintiffs Position

Pittington claims that LJF retaliated against her for bringing a sexual harassment claim. Specifically, Pittington alleges that she was demoted, stripped of managerial duties, and placed in a position with reduced job responsibilities because of her sexual harassment claim. Pittington also claims that she was ultimately fired, or, in [955]*955the alternative, constructively discharged in retaliation for bringing the sexual harassment claim. Pittington brings her claims under Title YII and the Tennessee Human Rights Act (THRA).

B. Defendant’s Position

Defendant acknowledges that Pittington was employed by LJF and that she reported she was sexually harassed and sexually assaulted by a supervisor at work. As a result of its internal investigation into Pit-tington’s claim, LJF initially suspended and ultimately terminated the supervisor. During its investigation, LJF learned of allegations of inappropriate behavior by Pittington in the workplace which had become a topic of conversation among her coworkers. LJF determined that it was best to transfer Pittington out of her position in the arena to a different department (the box office), where she would receive training to move into a management position. Pittington would also continue to work as assistant arena manager on the arena manager’s days off. Pittington began working in the box office on September 28, 2012.

As the investigation proceeded, LJF learned of additional allegations of inappropriate conduct by Pittington. Based on this information, LJF decided to remove Pittington from assistant arena manager duties and have her work exclusively in the box office with the intent to train her to assume a different managerial position. LJF prepared a written notice dated October 8, 2012, and intended to present it to Pittington when she reported for her shift that day. However, she did not report for her shift on October 8, 2012, and failed to follow company procedure to give advance notice when missing a scheduled work shift. Pittington also did not work her scheduled shift on October 9, 2012, due to a sick child, but failed to provide the required notice to her supervisor. When she reported for her shift on October 10, 2012, she received a written warning for these failures and was verbally notified of LJF’s decision for her to work exclusively in the box office. LJF assured Pittington that it considered her a valued employee and desired for her employment to continue. Pit-tington finished her shift, but never again reported for any of her scheduled shifts after October 10, 2012. As a result, LJF considered Pittington’s employment voluntarily terminated.

II. Background

LJF operates a dinner show theater in Pigeon Forge, Tennessee. The show is comprised of various lumberjack competitions involving ESPN lumberjack athletes. Guests may purchase tickets for the show only or for the show and dinner. LJF also offers guests the opportunity to purchase souvenirs and DVD recordings of the show.

Pittington and her husband, David, were hired by LJF in June 2012. Pittington worked in both concessions and in the arena, depending on the personnel needs of the particular day. Pittington’s supervisor, William Mapp, chose Pittington to act as “assistant arena manager” on Mapp’s days off. Pittington received a higher hourly rate of pay for the hours acting as assistant arena manager.

On September 13 or 14, David Pittington reported to Mike Downs, LJF’s Facilities Manager, that another manager, Rich Mace, was making rude sexual comments to his wife. David told Downs that he had discussed his concerns with Rob Scheer, LJF’s Managing Partner, and that they were going to meet upon Scheer’s return to Tennessee from Alaska. Downs did not take any immediate action on David’s concerns.

[956]*956On Friday, September 14, 2012, Pam Pittington spoke with Mapp and informed him that she had been sexually harassed by Mace. She told Mapp that Mace had been texting her and asking her to come to his office after work. She also told him that one night, Mace asked her to come to his office in the audio/visual booth after the show. When Pittington went into the office, Mace shut the door and attempted to kiss her.

Mapp did not notify Scheer of Pitting-ton’s sexual harassment claim until the following Monday, September 17, 2012, when Scheer returned to Tennessee. Scheer immediately convened an executive management meeting that night to discuss Pittington’s claim and begin an investigation. Mace was asked to attend the meeting. In response to questions regarding Pittington’s allegations, Mace admitted that he kissed Pittington, but claimed that the kiss was consensual.

The next day, Scheer gave specific instructions to Mace that his movements in the building would be limited. Mace was instructed to enter the building through a side door and not to leave the AV booth except to use the restroom. Scheer further instructed Mace that he was not to speak to any female employees unless it was work related. Scheer also instructed his wife Sheila Scheer (LJF Marketing Manager), Mark Davis (Kitchen Manager), and Mapp to check in with Pittington periodically while she was working to ensure she felt comfortable, secure and safe while the investigation was conducted.

Sheila Scheer conducted interviews relating to the investigation of Pittington’s sexual harassment claim. Sheila met with Pittington on September 18, 2012 to take her statement. Pittington stated that on the day of the incident, Mace asked to speak with her in his office. When she entered the office, Mace shut the door and told Pittington that he found her attractive. Mace then rubbed her neck and tried to kiss her. When Pittington pulled away, Mace grabbed her. When she tried to leave, Mace stopped her, apologized and asked her not to say anything. Pittington told Scheer that she should talk to other employees because Mace might be harassing others. LJF continued its investigation by interviewing other employees and obtaining statements. The investigation revealed that Mace had also made inappropriate comments of a sexual nature to other female employees of LJF. As a result of this investigation, on September 23, 2012, Mace was placed on a two-week suspension without pay. LJF subsequently terminated Mace’s employment on October 7, 2012.

During LJF’s investigation, it became aware of certain inappropriate conduct by Pittington including flirtatious behavior towards male employees and inappropriate sexual comments. David Pittington believed that some of the lumberjacks might be sexually harassing his wife based on a shirtless lumberjack picture he saw on his wife’s phone. Rob Scheer conducted interviews with the lumberjacks at the request of David Pittington. LJF was told by other employees that Pittington herself had sent suggestive photos of herself to some of the lumberjacks.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
213 F. Supp. 3d 951, 2016 U.S. Dist. LEXIS 134405, 2016 WL 5485107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pittington-v-great-smoky-mountain-lumberjack-feud-llc-tned-2016.