Wellman v. Dupont Dow Elastomers L.L.C.

414 F. App'x 386
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 18, 2011
Docket10-4048
StatusUnpublished
Cited by4 cases

This text of 414 F. App'x 386 (Wellman v. Dupont Dow Elastomers L.L.C.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wellman v. Dupont Dow Elastomers L.L.C., 414 F. App'x 386 (3d Cir. 2011).

Opinion

OPINION

PER CURIAM.

Debra-Ann Wellman, proceeding pro se, appeals the District Court’s order granting summary judgment in favor of Dupont Dow Elastomers LLC (“DDE”) and DuPont Company (“DuPont”) (collectively, “defendants”). For the reasons below, we will affirm.

I.

DuPont employed Wellman as an administrative assistant from 1978 to 1988 and from 1992 to 1996 when she accepted an offer of employment with DDE. In 2001, Wellman claimed that her supervisor, Paul Graves, and an administrative assistant, Mary Ann Price, began harassing her and created a hostile work environment. She claimed that Graves sexually harassed her, and that she was subjected to threats and abuse. She stopped working on February 11, 2002. DDE investigated Wellman’s claims and determined that she had not been the victim of harassment or abuse. It did warn Graves to avoid showing Price any favoritism and to “closely monitor [his] remarks.”

Wellman sought psychological treatment beginning on February 11, 2002, until November 2002. Wellman was diagnosed with adjustment disorder and stress about her work. The psychologist also determined that Wellman was capable of returning to work, but that she should be moved and be assigned a different supervisor. Another doctor prescribed her Am-bien and Klonopin for adjustment disorder with depressed and anxious mood. A neurologist determined that she did not have any neuropsychological impairments and that she could return to work.

Wellman’s Employee Assistance Counselor (“EAC”) requested that she undergo an independent psychological and psychiatric evaluation. The doctors concluded that she exhibited “traits of borderline, hysterical, and narcissistic personality,” but that she was “not psychologically disabled.” The psychiatrist recommended that she not return to her position at DDE.

DDE’s human resources met with Well-man in August 2002, after she was cleared to return to work. DDE informed her that she could continue in her current position or apply for an incapability pension. After an extension, Wellman failed to attend her return-to-work meeting, and on August 26, 2002, she left a voicemail stating that she was unwilling to return to work. DDE terminated her employment.

Wellman filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) against DuPont and DDE based on retaliation, gender, and disability. The EEOC dismissed the charges in February 2005 and informed her of her right to sue. She then filed two identical complaints in the District Court pui'suant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5, and the Americans with Disability Act (“ADA”), one each against DuPont and DDE. DuPont and DDE filed motions for summary *389 judgment, which the District Court granted on September 14, 2010. Wellman filed a timely notice of appeal.

II.

We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. In reviewing a District Court order granting summary judgment, we apply the same test that the District Court applied. Saldana v. Kmart Corp., 260 F.3d 228, 231 (3d Cir.2001). Summary judgment is proper when, viewing the evidence in the light most favorable to the nonmoving party and drawing all inferences in that party’s favor, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Id. at 232; Fed.R.Civ.P. 56(a). The party opposing summary judgment “may not rest upon the mere allegations or denials of the ... pleading,” but “must set forth specific facts showing that there is a genuine issue for trial.” Salda-na, 260 F.3d at 232 (citing Fed.R.Civ.P. 56(e); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).

III.

A. DuPont

In the employment discrimination context, a parent corporation will be held responsible as an employer only where it and the subsidiary are “ ‘so interrelated and integrated in their activities, labor relations and management’ that we should pierce the corporate veil.” Marzano v. Computer Sci. Corp., 91 F.3d 497, 514 (3d Cir.1996) (citation omitted). Wellman conceded that DDE was her employer during the time the alleged conduct occurred. However, she argued that DuPont is liable for the actions of its subsidiaries, and that it was responsible, through the EAC, for her termination. The District Court concluded that there was no evidence showing that DuPont’s and DDE’s operations were interrelated. It noted that Wellman did not claim that Dupont and DDE shared common management, ownership, or financial management. DDE alone paid her wages, and DuPont was not consulted about her termination. Finally, the District Court considered that the National Labor Relations Board has determined that DuPont and DDE are not alter egos of each other. In re Dupont Dow Elastomers L.L.C., 332 N.L.R.B. 1071 (2000). We agree that Wellman failed to set forth facts showing that there is a genuine issue for trial regarding DuPont’s status as her employer. See Saldana, 260 F.3d at 232. Accordingly, the District Court properly granted summary judgment in favor of DuPont.

B. DDE

1. Retaliation

Wellman first claims that DDE terminated her in retaliation for filing harassment complaints. To establish a prima facie case of retaliation, Wellman must present sufficient evidence to establish that: (1) she was engaged in protected conduct; (2) an adverse action was taken; and (3) there is a causal link between the protected conduct and the adverse action. Woodson v. Scott Paper Co., 109 F.3d 913, 920 (3d Cir.1997). Once a prima facie case is established, the burden shifts to DDE to present a non-retaliatory explanation for terminating Wellman. Id. at 920 n. 2. Wellman must then establish that there is sufficient evidence for the factfinder to “(1) disbelieve the employer’s articulated legitimate reasons; or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer’s action.” Fuentes v. Perskie, 32 F.3d 759, 764 (3d Cir.1994).

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

Related

Rumanek v. Independent School Management, Inc.
50 F. Supp. 3d 571 (D. Delaware, 2014)
Owens v. Allegheny Valley School & Northwestern Human Services
869 F. Supp. 2d 653 (W.D. Pennsylvania, 2012)
Wellman v. DuPont Dow Elastomers L.L.C.
181 L. Ed. 2d 401 (Supreme Court, 2011)
Hemphill v. City of Wilmington
813 F. Supp. 2d 581 (D. Delaware, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
414 F. App'x 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wellman-v-dupont-dow-elastomers-llc-ca3-2011.