Glenn v. Raymour
civil; race disparate-treatment discharge claim (with abandoned hostile-environment and retaliation claims; parallel 1981 and PHRA claims); employer's motion for summary judgment granted (result: claimant-lost)
Facts
- 1 Covered entity: employer, employment agency, or labor organization satisfied conceded
On July 24, 2007, Raymour and Flanigan, a furniture company, hired Glenn, an African-American male, as a Facility Technician in its Frazer, Pennsylvania service center (“Frazer Service Center”).
- 2 Protected trait: race, color, religion, sex (including pregnancy/abortion), or national origin satisfied conceded
On July 24, 2007, Raymour and Flanigan, a furniture company, hired Glenn, an African-American male, as a Facility Technician in its Frazer, Pennsylvania service center (“Frazer Service Center”).
- 2 Protected trait: race, color, religion, sex (including pregnancy/abortion), or national origin satisfied conceded
For purposes of the summary judgment motion, Glenn has satisfied the first three steps of his prima facie case — he is a member of a protected class, is qualified for his Customer Delivery Inspector position, and was discharged from that position by Raymours.
- 3 Qualified for the position / meeting legitimate employer expectations satisfied conceded
Mirth subsequently recommended Glenn for a CDI position, and Hazeldine promoted Glenn to the position effective January 21, 2008.
- 3 Qualified for the position / meeting legitimate employer expectations satisfied conceded
For purposes of the summary judgment motion, Glenn has satisfied the first three steps of his prima facie case — he is a member of a protected class, is qualified for his Customer Delivery Inspector position, and was discharged from that position by Raymours.
- 4 Adverse employment action affecting compensation, terms, conditions, privileges, or status satisfied conceded
Mirth returned to Glenn and told him to punch out for the day because he was terminated.
- 4 Adverse employment action affecting compensation, terms, conditions, privileges, or status satisfied conceded
In establishing the third element of his prima facie case, Glenn need only show that he was discharged from a position for which he was qualified.
- 4 Adverse employment action affecting compensation, terms, conditions, privileges, or status satisfied conceded
In this case, the fact that Glenn was discharged is undisputed.
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
According to Glenn, while he and Faust were pushing the trash box back and forth from their respective work areas, Faust said to him, “Boy, don’t put your box back on this line.”
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
He did not see any punches thrown, but observed from a distance some individuals “separating the two of them,” with Adams trying to “pursue” Copperthwaite and saying “if you ever do that again, I’ll snap your F’ing [sic] neck.”
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
To be “similarly situated,” the plaintiff must show that “the other employee’s acts were of ‘comparable seriousness.’ ”
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
In the March 20 altercation, Glenn admitted that he repeatedly told Faust to “step outside.” Faust did not make a similar threat to Glenn.
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
Furthermore, Faust retreated from the altercation to report it to management.
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
Yet at no point during that discussion did Glenn alert Mirth to Faust allegedly calling him a “boy” or goading him to “go ahead, do it.”
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
In sum, Raymours’ treatment of Faust cannot raise an inference of unlawful discrimination regarding Glenn’s termination because there are differentiating and mitigating circumstances that significantly distinguish both their conduct and Raymours’ treatment of them.
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
Regarding the same supervisor argument, Adams and Copperthwaite were employed in the Delivery Department, while Glenn worked in the Operations Department.
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
Critically, the underlying misconduct in Glenn’s case was reported to Glenn’s direct supervisors, confirmed by more than one witness, and admitted to by Glenn himself.
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
Dye’s allegations notwithstanding, Adams’ alleged misconduct was not witnessed by Adams’ direct supervisors, was not reported to those supervisors, and was not admitted to by Adams or Copperthwaite.
- 5 Discriminatory causation ("because of" protected trait) not no-evidence
Therefore, the record is without sufficient evidence to demonstrate that Adams or Copperthwaite are “similarly situated” to Glenn for purposes of establishing the fourth element of his prima facie case.