Gonzalez v. Spitzer Autoworld Homestead, Inc.

672 F.Supp.3d 1252

Lourdes GONZALEZ, Plaintiff, v. SPITZER AUTOWORLD HOMESTEAD, INC., Defendant.

Case No. 22-cv-21590-BLOOM/Otazo-Reyes

United States District Court, S.D. Florida

Signed May 8, 2023

Jason Bradford Woodside, Woodside Law, P.A., Tampa, FL, for Plaintiff.

Miguel Armenteros, Megan A. Lazo, Annesser Armenteros, PLLC, Coral Gables, FL, for Defendant.

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BETH BLOOM, UNITED STATES DISTRICT JUDGE

THIS CAUSE is before the Court on Defendant Spitzer Autoworld Homestead, Inc.'s ("Spitzer Autoworld") Motion for Summary Judgment. ECF No. [22] ("Motion"). Spitzer Autoworld filed a Statement of Material Facts, ECF No. [21] ("SMF"), and a Notice of Filing Supplemental Exhibits to Defendant's Statement of Material Facts together with supplemental exhibits, ECF No. [26], in support of its Motion. Plaintiff Lourdes Gonzalez ("Gonzalez") filed a Response in Opposition to the Motion, ECF No. [31], and a Response to Defendant's Statement of Material Facts and Statement of Additional Material Facts, ECF No. [30]. Spitzer Autoworld filed a Reply, ECF No. [36], and a Reply Statement of Material Facts, ECF No. [37]. The Court has carefully considered the Motion, the Response, the Reply, the associated Statements of Material Facts, the record in this case, the applicable law, and is otherwise fully advised. For the reasons that follow, Spitzer Autoworld's Motion is denied.

TABLE OF CONTENTS

I. BACKGROUND AND MATERIAL FACTS . . . 1260

A. Defendant's Motion . . . 1261

B. Material Facts . . . 1261

1. Spitzer Autoworld Hires and Onboards Gonzalez . . . 1261

a. Hiring Process . . . 1261 b. The Scope of Gonzalez's Employment from July 21, 2020 to November 5, 2020 . . . 1262

2. Prohias' Conduct Toward Gonzalez . . . 1263

3. Spitzer Autoworld's Response to the September 22, 2020 Incident . . . 1264

a. Spitzer Autoworld's Investigation . . . 1264

b. Gonzalez's "new Direct-Report Supervisor" on October 9, 2020 . . . 1266

4. Reports of Gonzalez's Performance at Spitzer Autoworld . . . 1267

5. Gonzalez's Foot Injury . . . 1269

6. Termination of Gonzalez's Employment on November 5, 2020 . . . 1269

II. LEGAL STANDARD . . . 1270

III. DISCUSSION . . . 1270

A. Counts II and V: Supervisor Harassment which Culminates in an Adverse Tangible Employment Action . . . 1271

B. Counts III, VI, and IX: Retaliation in Violation of Title VII, the FCRA, and the ADA . . . 1275

1. Plaintiff's Prima Facie Case . . . 1275

a. Count IX . . . 1276

b. Counts III and IV . . . 1276

2. Legitimate Non-Discriminatory Reason for Termination . . . 1277

3. Pretext . . . 1277

C. Counts I and IV: Hostile Work Environment . . . 1278

D. Counts I and IV: Faragher/Ellerth Affirmative Defense . . . 1280

1. Reasonable Steps both to Prevent Sexual Harassment and to Remedy the Sexually Harassing Conduct Promptly Once It Was Brought to the Employer's Attention . . . 1280

a. Reasonable Steps to Prevent Sexual Harassment . . . 1280

b. Reasonable Steps to Remedy the Sexually Harassing Conduct . . . 1281

2. Unreasonable Failure to Avoid Harm or Utilize any Remedial Opportunities Made Available by the Employer . . . 1282

E. Count VII: Discrimination in Violation of the Americans with Disabilities Act . . . 1282

1. Plaintiff's Prima Facie Case . . . 1282

2. Legitimate Non-Discriminatory Reason for Termination . . . 1284

3. Pretext . . . 1285

F. Count VIII: Failure to Accommodate . . . 1285

IV. Conclusion . . . 1286

I. BACKGROUND AND MATERIAL FACTS

This action concerns allegations of sexual harassment and discrimination on the basis of Plaintiff's disability. The Court restates the allegations set forth in Gonzalez's May 23, 2022 Complaint against Spitzer Autoworld, which seeks monetary damages, costs, and reasonable attorney's fees. ECF No. [1] ¶ 1. Spitzer Autoworld hired Gonzalez, a woman, on or about June 22, 2020. Id. ¶¶ 18-19. Gonzalez's supervisor, Robert Prohias ("Prohias"), made unwanted sexual advances towards her, which she refused. Id. ¶¶ 20-21. On September 22, 2020, Prohias grabbed Plaintiff's left arm and pulled her towards him, bit her breast, and grabbed her buttocks. Id. ¶ 22. Gonzalez reported Prohias' conduct to Spitzer Autoworld's Human Resources personnel, who took no corrective action and forced Gonzalez to endure a "hostile work environment." Id. ¶¶ 23-24. Gonzalez thereafter reported Prohias' conduct to the Miami-Dade Police Department on October 3, 2020. Id. ¶ 25. Around this time, Gonzalez sustained fractures to her 2nd and 3rd metatarsals and a Lisfranc fracture. ¶ 26. These physical impairments substantially limited her ability to walk. Id. ¶ 26. On November 4, 2020, Gonzalez requested a two-week leave of absence. Id. ¶ 28. Spitzer Autoworld terminated Gonzalez that same day. Id. ¶ 29.

Gonzalez seeks relief for the following claims:

1. Count I - Discrimination Because of Sex in Violation of the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01 et seq. ("FCRA") (for a hostile work environment);

2. Count II - Discrimination Because of Sex in Violation of the FCRA (for an adverse tangible employment action);

3. Count III - Retaliation in Violation of the FCRA;

4. Count IV - Discrimination Because of Sex in Violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII") (for a hostile work environment);

5. Count V - Discrimination Because of Sex in Violation of Title VII (for an adverse tangible employment action);

6. Count VI - Retaliation in Violation of Title VII;

7. Count VII - Discrimination in Violation of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq. ("ADA");

8. Count VIII - Failure to Accommodate in Violation of the ADA; and

9. Count IX - Retaliation in Violation of the ADA.

A. Defendant's Motion

In its Motion, Spitzer Autoworld makes six primary arguments for summary judgment. First, Summary judgment is warranted on Counts II and V because there is no causal link connecting Prohias' unwelcome sexual advanced with Spitzer Autoworld's termination of Gonzalez's employment. See generally ECF No. [22]. Second, summary judgment is warranted on Counts III, VI, and IX because evidence that the Dealership fired Gonzalez for poor work performance negates any inference of retaliation. Third, summary judgment is warranted on Counts I and IV because Gonzalez cannot demonstrate a hostile work environment. Fourth, summary judgment is warranted on Counts I and IV because Spitzer Autoworld has established the defense described in the U.S. Supreme Court's decisions in Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998). Fifth, summary judgment is warranted on Count VII because Gonzalez fails to carry her burden to prove discrimination under the burden-shifting framework set forth in the U.S. Supreme Court's decision in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Finally, summary judgment on Count VIII is warranted because Gonzalez is not disabled and, alternatively, Spitzer Autoworld did not know of Gonzalez's purported disability.

The Court addresses Defendant's arguments, together with Plaintiff's responses, in the Discussion section below.

B. Material Facts

Based on the parties' Statements, Counterstatements, Reply Statements of Material Facts, and evidence in the record, the following facts are not genuinely in dispute unless otherwise noted.

1. Spitzer Autoworld Hires and Onboards Gonzalez

a. Hiring Process

On June 22, 2020, Spitzer Autoworld hired Gonzalez to work as a Title Clerk in its office in Florida. SMF ¶ 2; CSMF ¶ 2; see also Dep. of Allen Yakich ("Yakich Dep.") at 6:11-14, ECF No. [26-3].¹ Linda Thompson ("Thompson"), Defendant's Human Resources Director,² testified that the Defendant provides new employees with "a sexual harassment [prevention] training video" and administers a quiz to "every new hire." ECF No. [21-3] at 31:12-22. Thompson was responsible for investigating complaints of discrimination or harassment in Defendant's workplace during the period of Gonzalez's employment. Id. at 7:6-10. Defendant has a written policy regarding how to report sexual harassment and Gonzalez received a copy of the policy. Id.; see also ECF No. [21-2] at 1 ("Non-Discrimination Policy"). Gonzalez had previously acknowledged receipt of Spitzer Autoworld's organizational policy forms, including the Non-Discrimination Policy,³ and agreed to Defendant's policies on June 19, 2022. ECF No. [21-4]. On June 22, 2023, Gonzalez completed "Harassment [Prevention] Training." SMF ¶ 5; CSMF ¶ 5. That same day, Gonzalez completed a "Respect in the Dealership Follow-up Quiz" regarding Defendant's policy on sexual harassment and other discriminatory harassment. ECF No. [21-6]. Gonzalez signed the following acknowledgement:

I understand it is my obligation to read and comply with the policies and provisions contained within the handbook. I further understand that if I have any questions about the policy or complaints of wrongdoing, it is my responsibility to contact my supervisor or any member of management with whom I feel comfortable.

Id.

b. The Scope of Gonzalez's Employment from July 21, 2020 to November 5, 2020

The record shows that the following are "ESSENTIAL JOB FUNCTION[S] AND RESPONSIBILITIES" for a Title Clerk:

• Prepares tax and title documents and submits to state authorities

• Verifies payoffs on trade, and send[s] payoffs/collects titles

• Compiles and maintains a complete list of title work still pending . . . .

• Processes titles for auctions sales, and then post [sic] receipt checks

• Assists the sales and finance departments in making sure paperwork runs smoothly

• Handle[s] customer and dealership inquiries regarding tag and title issues

• . . .

• Other assigned tasks and duties

ECF No. [21-9].

On July 21, 2020, Gonzalez became Defendant's Office Manager. SMF ¶ 8; CSMF ¶ 8. Gonzalez's compensation changed from a $14...