Strozyk v. Phoenixville Hosp.

357 F. Supp. 3d 485
CourtDistrict Court, E.D. Pennsylvania
DecidedJanuary 18, 2019
DocketCIVIL ACTION NO. 16-6686
StatusPublished
Cited by1 cases

This text of 357 F. Supp. 3d 485 (Strozyk v. Phoenixville Hosp.) 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
Strozyk v. Phoenixville Hosp., 357 F. Supp. 3d 485 (E.D. Pa. 2019).

Opinion

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY1

Strozyk was employed by the Hospital as a pharmacy technician from October 2012 until March 14, 2016 when she was terminated. As a pharmacy technician, Strozyk's duties included supporting the pharmacists, preparing IVs, receiving and filling medication orders and delivering medication. Strozyk was supervised by the Director of Pharmacy, Larry Jones. Strozyk worked with a number of pharmacists including Gerald McGrory.

A. The Alleged Sexual Harassment

Strozyk contends that McGrory sexually harassed her on numerous occasions. Specifically, she testified that, on two occasions, McGrory looked her "up and down" and told her she "looked good" or "cute;" called her "sweetheart" several times, including once when he grabbed her arms and asked "what are you making, sweetheart?;" stood or walked closely to her or bumped into her and exhaled "like a bull" on three occasions; sat too close to her in the IV room while he was preparing medications; and asked her "where are we going out to tonight, what are we doing tonight?" Strozyk testified that McGrory engaged in this conduct when "there [were] no bosses" around and "he would choose the right timing, the right place, and he would do it premeditatedly with nobody around."

Strozyk also testified that McGrory would use sexual innuendo around her and other employees, including Jones, and would discuss sexual situations. Strozyk further testified that on at least two occasions, McGrory, along with Jones, directed a female secretary to bend over to reach low filing drawers or to pick up boxes and that they poked each other and laughed while this occurred.

Additionally, Strozyk testified that on one occasion after inquiring of Jones if she could ask him a quick question, he responded that he did not "do quickies" and laughed. This is the only comment that Jones said to Strozyk that she thought was sexually inappropriate.

B. Strozyk's Complaint to Human Resources

On November 3, 2014, according to Strozyk, she complained to Human Resources ("HR") Director Denise Chiolo that McGrory was making sexual advances towards her, commenting on her looks, and calling her sweetheart. Strozyk told Chiolo that she had not previously raised her concerns with Jones. Chiolo's understanding of the complaint was that Strozyk was *489concerned because she and McGrory had had a good relationship but now he appeared angry at her and it made her feel uncomfortable. Chiolo told Strozyk that she would speak to McGrory. Chiolo did not view the complaint as a sexual harassment complaint.

Chiolo talked to McGrory, who, according to Chiolo's testimony, "appeared dumbfounded." According to Strozyk's testimony, she and McGrory interacted minimally after Chiolo talked to him. Strozyk further testified several times that, after Chiolo talked to McGrory, he stopped all sexually inappropriate conduct.

C. Disciplinary Events

Prior to her November 3, 2014 complaint to HR, Strozyk did not have a disciplinary record at the Hospital. However, on January 5, 2015, Strozyk received a written warning for seven incidents of absenteeism between February 13, 2014 and December 31, 2014 regarding time she took off as sick days. Additional discipline followed.

On January 22, 2015, Tara Raub, the pharmacy buyer, complained that Strozyk refused to fill out the "fridge sheets." While Strozyk acknowledged that it was part of her duties to fill out the fridge sheets, she asserts that she refused Raub's multiple requests to perform that duty because she was too busy. After Raub complained to Jones, Strozyk alleges that Jones told her she was fired, but ultimately, she was not. Jones testified that he told Strozyk that "if you are refusing to do this, I no longer need your service today. Go change, punch out, you are done for the day."

Strozyk went to Chiolo at HR to report that Jones had fired her. She expressed her opinion that the work distribution was unfair, she was too busy to fill out the fridge sheets, and that filling out the fridge sheets should not be her responsibility. Jones joined the meeting at Chiolo's suggestion along with Rick Stogdale, the pharmacy manager. During the meeting, Jones stated that Strozyk had angrily refused to fill out the fridge sheets and that she should leave for the day to cool off. Strozyk contends that she was clear that Jones fired her. Chiolo believed Strozyk was being disrespectful and threatening towards Jones and Stogdale during the meeting, including talking over Stogdale and stating that she was "going to make it nasty." According to Chiolo, after Chiolo pointed out Strozyk's inappropriate behavior towards Jones and Stogdale to her, Strozyk apologized. Strozyk was suspended for the rest of the day in that Jones sent her home.

Strozyk's attorney sent letters dated January 27, 2015 and February 6, 2015 to the Hospital regarding the alleged sexual harassment and retaliatory discipline for her complaint regarding McGrory. On March 24, 2015, Strozyk filed a charge of discrimination alleging sexual harassment by McGrory and subsequent retaliation.

On October 19, 2015, Strozyk received verbal counseling for failure to comply with a Hospital policy. Specifically, Strozyk was accused of failing to re-order items by writing down requests in the "re-order" book rather than verbally requesting items. Strozyk submitted a written response to the discipline asserting that she believed the discipline was retaliatory. She claimed that she properly used the re-order book.

On November 24, 2015, Strozyk received verbal counseling for unprofessional conduct after Jones allegedly saw Strozyk storm into Stogdale's office and yell at him to "get [his] shit together" in relation to a conversation about co-workers' call outs, staff coverage, and co-workers' duties. Jones testified that Stogdale explained to *490him that this was Strozyk's "normal procedure" when she was unhappy. Jones testified that during the encounter, Strozyk was acting "belligerent and [ ] insubordinate."

On February 5, 2016, Strozyk was given a second written warning regarding fourteen unexcused absences.

On March 10, 2016, Dawson Hoffman, a pharmacist, approached Strozyk after her lunch and confronted her about not filling two prescriptions before she left for lunch. Strozyk testified that Hoffman slammed the door to her cubby and screamed at her.2 According to Strozyk, Hoffman explained that it was a "stat order" that needed to have been filled. When Strozyk failed to fill the prescription before she left for lunch, Hoffman complained to Jones about Strozyk refusing to perform her duties. Strozyk could not remember if Hoffman had asked her to fill the prescriptions, but in any event, she did not fill them before she left for lunch. When Strozyk went to Jones' office, Strozyk asserts that Hoffman stuck his tongue out at her and danced, and that Jones witnessed this behavior.

Jones testified that he then directed Strozyk to fill the prescriptions several times but that Strozyk refused, stating that she would not until Hoffman apologized for the way he spoke to her.

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