Selvato v. Septa

143 F. Supp. 3d 257, 2015 U.S. Dist. LEXIS 142815, 2015 WL 6181351
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 21, 2015
DocketCIVIL ACTION NO. 14-4919
StatusPublished
Cited by8 cases

This text of 143 F. Supp. 3d 257 (Selvato v. Septa) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Selvato v. Septa, 143 F. Supp. 3d 257, 2015 U.S. Dist. LEXIS 142815, 2015 WL 6181351 (E.D. Pa. 2015).

Opinion

OPINION

WENDY BEETLESTONE, District Judge

Plaintiff Marie Selvato brings this action against her former employer, Southeastern Pennsylvania Transportation Authority (‘SEPTA'), under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. (‘Title VIP). Selvato claims that she was subjected to a hostile work environment and discriminated against on the basis of her gender. Before the Court is SEPTA’s Motion for Summary Judgment. SEPTA seeks judgment in its favor on all of Selva-to’s claims against it on the ground that there exist no issues of genuine material fact. For the reasons set forth herein, SEPTA’s motion for summary judgment is granted in its entirety. •

I. BACKGROUND

A. Selvato’s Employment 2004-2009

Marie Selvato began working as a bus operator for SEPTA on September 26, 1994. Joint Appendix (*JA‘) 7; Defendant’s Statement of Uncontested Material Facts1 (‘Def. Facts') ¶ 1. In or around 1999, Selva-to was promoted to Transportation Manager in the Operations/Surface Division, a position which she held until her termination in 2013. JA 7, 84; Def. Facts ¶¶ 2-3. From 2004-2006, Selvato acted as a ‘back-fill chief,' during which time she was su7 pervised by SEPTA Senior Director Ama-to Berardi. JA 14.

Plaintiff describes a deeply troubling work environment extending over many years. Berardi would often meet Selvato at her work vehicle and direct her to drive him to restaurants and to get coffee; he also asked her to have dinner with him. JA 14. During these rides, Berardi would talk about how ‘his penis was big compared to how his height was' and make sexual jokes. Id. Co-workers put stickers on Selvato’s desk accusing her of ‘doing it' with Berardi and, as a result, she asked Berardi if she could stop driving him around. JA 14-15. In November 2004, Selvato’s coworker Michael Howley commented that individuals working for SEPTA could not get promoted ‘unless your name ended in a vowel' or [262]*262if he/she made good sauce. JA 13, 15-16, 86. Howley then told Selvato that she had white sauce on her mouth. Id. When a coworker stated that Selvato had Alfredo sauce on her mouth, Howley replied, ‘[s]he has Amato sauce on her mouth/ referring to Berardi.2 JA 15; Def. Facts, ¶ 4; Plaintiffs Statement of Disputed Facts (‘PI. Facts') ¶ 7. Several co-workers also referred to Selvato as ‘the gash/ which Sel-vato understood to be a slur for female anatomy.3 JA 23.

In or around February 2008, Selvato was assigned to work on the newly-created ‘3C Team/ which was tasked with collecting video recordings from SEPTA vehicles. JA 7-8. While team members were setting up the new office, co-worker Michael Kir-win made a comment to Selvato implying that she had sex with another employee in order to acquire a phone for the office. JA 37. Also in 2008, Assistant General Manager Michael Liberi asked Selvato and a female co-worker when they lost their vir-ginities, told Selvato she had a ‘great rack/ made a comment that Selvato was ‘working the street/ stated that strings on Selvato’s blouse were dangling across her breasts and distracting him because he wanted to touch them, and asked Selvato whether she was going to be at the shore during the time he was on vacation and said, ‘what can you do for me?‘ JA 30-32. In September 2008, Selvato was transferred off of the 3C Team. JA 10. Selvato was told by two co-workers that she was removed from the team because she had ‘burned [her] bridges.1 JA 10-11.

Despite these events, Plaintiff made no EEO complaint about them until February 17, 2009, when she contacted SEPTA’s Director of Equal Employment Opportunity and Affirmative Action (‘EEO‘), Lorraine McKenzie, detailing the individual harassment from co-workers and supervisors in addition to alleged intimidation, hostile work environment, gender discrimination, and retaliation. JA 52-54. Selvato also completed an interview information form in which she wrote that she wanted to ‘be treated in a fair and professional manner. And work in an intimidation free environment. With no harassment or retaliation. I don’t want to be afraid for my safety or my job. Like I am now/4 JA 95-98.

B. Selvato’s Employment 2010 - 2012

In 2011, after several requests, Selvato was moved back onto the 3C Team. JA 11-12, 92. The inappropriate comments continued. In or around September 2012, the supervisor of the 3C Team, James Stevens, told Selvato that he was ‘stalking her Fa-cebook pictures' because she had gone to school with his sister. JA 60. And, a couple [263]*263of months later, in or around November 2012, Stevens told Selvato that a flower on her blouse looked soft and he wanted to pet it, but he was afraid that she would slap him. JA 60-61. That same day in November 2012, Selvato complained to EEO officer Nancy Berman about both incidents. Id.

C. Termination

On December 5, 2012, Selvato began to feel severe pain in her neck and back. JA 62-63. As a result, Selvato took an over-the-counter painkiller, made an appointment with her doctor, and notified O’Connell that she would not be at work. Id. On December 10, 2012, while she was still on sick leave,5 Selvato and her boyfriend, Paul Celetti, drove an hour and a half to New York with advance tickets to see a taping of the ‘Kelly & Mike Show.1 JA 65-66. Selvato had previously ordered the tickets in November 2012 and was aware that the show was on December 10, 2012. Id. On the way, Celetti drove while Selvato sat in the back seat due to her back and neck pain. JA 66. Once they arrived at the studio, Selvato joined the queue to see the taping and sat on a radiator while they waited. JA 67. Selvato then sat for an hour in the audience as the show was taped, walked with her boyfriend to a restaurant a short distance from the studio, and drove home. JA 67-68.

The next day, December 11, Selvato saw her doctor and received a prescription for a muscle relaxer, an anti-inflammatory, and a painkiller, as well as a doctor’s note that prohibited her from working until December 15, 2012. JA 64-65, 114, 359. Selva-to filled her prescription two days later, on December 13, 2012. JA 64.

On December 11, 2012, Director of Transportation Michael Lyles received a link from employee Warren Hill to a YouTube video clip showing Selvato attending the Kelly & Mike Show. JA 192-93, 196, 358. SEPTA’s sick leave and pay policy directs that ‘sick pay is the continuation or reduction of salary to an employee who is unable to work or perform the functions of his/her position due to injury or illness.1 Employees are ‘expected to remain at home, except for medical treatment.1 Violations of the sick leave policy are grounds for disciplinary action up to and including discharge. JA 115-22.

Selvato returned to work on December 16, 2012. On December 17, 2012, Lyles interviewed Selvato about her trip to New York City, and she admitted that she had gone to the Kelly & Mike show while she was on sick leave. JA 69, 134-36, 202-03. Selvato stated that the sick leave policy was ‘vague and unclear1 because there was no rule saying she could not go to a show. JA 74, 134-36. On December 20, 2012, Sel-vato was given written notice of the reasons for her imminent discharge.

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Cite This Page — Counsel Stack

Bluebook (online)
143 F. Supp. 3d 257, 2015 U.S. Dist. LEXIS 142815, 2015 WL 6181351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/selvato-v-septa-paed-2015.