Pryor v. United Airlines, Inc.

14 F. Supp. 3d 711, 2014 WL 1513276, 2014 U.S. Dist. LEXIS 52856, 122 Fair Empl. Prac. Cas. (BNA) 1858
CourtDistrict Court, E.D. Virginia
DecidedApril 16, 2014
DocketNo. 1:13CV1125 (LMB/TRJ)
StatusPublished
Cited by2 cases

This text of 14 F. Supp. 3d 711 (Pryor v. United Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pryor v. United Airlines, Inc., 14 F. Supp. 3d 711, 2014 WL 1513276, 2014 U.S. Dist. LEXIS 52856, 122 Fair Empl. Prac. Cas. (BNA) 1858 (E.D. Va. 2014).

Opinion

MEMORANDUM OPINION

LEONIE M. BRINKEMA, District Judge.

This action arises from a number of racially charged incidents at Washington Dulles International Airport (“Dulles”), where Renee Pryor (“Pryor” or “plaintiff”) was based as a flight attendant for United Airlines, Inc. (“United” or “defendant”). Plaintiff claims that her employer is liable for racial discrimination and harassment, in violation of the Civil Rights Act of 1866, 42 U.S.C. § 1981, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Defendant has moved for summary judgment on all counts. For the reasons that follow, defendant’s Motion for Summary Judgment will be granted.

I. BACKGROUND

Pryor, who is African-American, started working as a flight attendant for United in 1984, eventually transferring to Dulles from San Francisco International Airport sometime in the early 1990s. See Def.’s Mem. of Law in Supp. of Summ. J. (“Def.’s Mem.”), Ex. B, at 18, 23. Throughout her employment, United has maintained an official anti-harassment and anti-discrimination policy. Until 2009, that policy was known as the Harassment & Discrimination (“H & D”) Policy, which forbade all forms of harassment and discrimination in the workplace. Def.’s Mem., Ex. N, at 107-09, 127-28. The H & D Policy was made available to employees, and Pryor herself was aware of its existence. Following United’s merger with Continental Airlines in 2010, the H & D Policy was replaced by a new written policy known as the Working Together Guidelines (“Guidelines”). Implementation of the Guidelines was a phased process, which was completed sometime in the first half of 2011. Id. at 109. Like the H & D Policy, the Guidelines forbade harassment and discrimination, and they also outlined in relatively general language the procedures for responding to employee complaints about such conduct.

[714]*714As far back as the mid-1990s, and as recently as 2008 or 2009, Pryor recalls receiving questions from unidentified colleagues about rumors circulating among United employees that African-American flight attendants based out of Dulles were moonlighting as prostitutes during layovers in Kuwait. See Def.’s Mem., Ex. B, at 12-13, 44-54. Although Pryor never lodged any complaints about the prostitution-related questions, supervisors at United caught wind of the general rumors and investigated them. See Def.’s Mem., Ex. D, at 11-13. Because of their third-hand nature and the lack of details or names attached, it was not possible to substantiate the rumors. Def.’s Mem., Ex. J, at 26-32. The General Manager who oversaw United’s flights out of Kuwait had no knowledge of any prostitution activity, nor did supervisors at United’s base in Kuwait report any prostitution-related issues or concerns with their employees. Id. In addition, the investigation revealed that the Kuwait hotel with which United had a contract at the time had similarly not experienced any issues or concerns regarding United employees prostituting. Id. There is no evidence in the record of these rumors continuing to circulate after 2009, and Pryor has not been asked about them since 2009 at the latest.

In January 2011, Pryor was reporting directly to Richard Reyes (“Reyes”), one of approximately sixteen front-line supervisors responsible for managing Dulles-based flight attendants. Def.’s Mem., Ex. B, at 60; Pl.’s Mem. in Opp. to Def.’s Mot. for Summ. J. (“Opp.”), Ex. B, at 42^43. Reyes reported to Kirstin Raubitschek, an Assistant Manager who played no role in the events leading to this litigation. Rau-bitschek reported to Denise Robinson-Palmer (“Robinson-Palmer”), an Operational Manager at Dulles, and Robinson-Palmer in turn reported to Mary Kay Pa-nos, the Director of Inflight Services for all United flights out of Dulles. The latter two are key players in this litigation.

On January 8, 2011, Pryor discovered in her United mailbox a paper note in the form of a mock “Federal Nigger Hunting License” declaring “open season on all niggers.” A hand-drawn image of a person hanging from a pole or a tree also appeared on one corner of the note, as did the words “this is for you.”1 Def.’s Mem., Ex. B, at 55-57. Pryor immediately sought out Reyes and showed him the note. See Opp., Ex. A, at 60. In response, Reyes told Pryor he was “sorry” but that “there was not much United could do” because no security cameras covered her mailbox, id., which was located in an area at Dulles restricted to United employees. After Pryor continued to express her concerns, Reyes provided her with an incident form to complete. Id. at 61. Reyes also called Panos to inform her of the incident. Because Panos was oujf of the office (the incident occurred on a Saturday), she directed Reyes to slip an envelope containing the note under her door so she could address it first thing Monday morning. Def.’s Mem., Ex. D, at 78-79. Panos further directed Reyes to assure Pryor that United would investigate the incident, id., which he apparently did by telling Pryor the note would be sent to Corporate Security and the Base Manager, see Opp., Ex. A, at 61-67.2

[715]*715On January 10, 2011, Panos found the envelope in her office upon arriving at work. She then notified Robinson-Palmer of the incident and the two of them made copies of the note and discussed what to do about it. Panos called Pryor but was unable to reach her because she was on a five-day assignment to Moscow. Def.’s Mem., Ex. D, at 98. Panos also delegated a number of investigatory tasks to Robinson-Palmer, including following up with Pryor. Id. Accordingly, on January 11, 2011, Robinson-Palmer contacted Mike Folan (“Folan”), a member of United’s Corporate Security team, to alert him that a United employee had received in her Dulles mailbox a note containing racially motivated threats. Def.’s Mem., Ex. G, at 148. By the end of the week, Robinson-Palmer had also interviewed Pryor, assuring her that an investigation had been launched in cooperation with Corporate Security. Id. at 140-147. In addition, Panos contacted United’s Legal Department and Human Resources Department in an effort “to keep everybody apprised ... about the situation at hand.” Def.’s Mem., Ex. D, at 94.

In the weeks that followed, the investigation failed to yield a suspect or even the approximate time at which the note was placed in Pryor’s mailbox. See Def.’s Mem., Ex. N, at 130-33. “Brushing” the note for fingerprints was thought to be infeasible given that United did not have ready access to a database against which to compare any prints it found; moreover, the uncertain timeframe meant that any number of people could have handled the note before Pryor found it. Id. Acknowledging the lack of credible leads, Folan instructed Robinson-Palmer to make all of the front-line supervisors aware of the incident and to ask them to report any similar incidents. Def.’s Mem., Ex. G, at 212-17. Robinson-Palmer specifically asked Reyes “to keep an eye on Pryor’s mailbox for anything further.” Id. The investigation stagnated at the local level, and no efforts were made to contact Pryor again. On February 4, 2011, Folan and Robinson-Palmer discussed the status of the investigation, and Robinson-Palmer informed him that there was nothing new to report.

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Related

Renee Pryor v. United Air Lines, Inc.
791 F.3d 488 (Fourth Circuit, 2015)

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Bluebook (online)
14 F. Supp. 3d 711, 2014 WL 1513276, 2014 U.S. Dist. LEXIS 52856, 122 Fair Empl. Prac. Cas. (BNA) 1858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pryor-v-united-airlines-inc-vaed-2014.