Goodwin v. UTGR, Inc.

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JASON GOODWIN, Plaintiff, v. UTGR, INC., D/B/A BALLYS TWIN RIVER LINCOLN CASINO RESORT, Defendant.

C. A. No. 1:22-cv-00330-JJM-LDA

United States District Court, D. Rhode Island

September 30, 2024

MEMORANDUM AND ORDER

John J. McConnell, Jr., United States District Court Chief Judge

Jason Goodwin has alleged discrimination, retaliation, and constructive discharge under Title VII based on sexual orientation during his employment with Bally's Twin River Lincoln Casino Resort (“Twin River”). He also alleges violations of the Rhode Island Fair Employment Practices Act (“FEPA”), the Rhode Island Civil Rights Act (“RICRA”), and the Rhode Island Whistleblower's Protection Act (“WPA”). ECF No. 1. Following discovery, Twin River moved for summary judgment. ECF No. 12. For the reasons below, the Court GRANTS Twin River's motion on all counts alleging disparate treatment, retaliation, and constructive discharge but DENIES the motion as to the count alleging hostile work environment.

I. BACKGROUND

A. Incidents With James Hopkins

Mr Goodwin was a table games dealer at Twin River for eight years until he ultimately resigned from the position in August 2022. During his time at Twin River, Mr. Goodwin had an acrimonious relationship with his co-worker, James Hopkins- a table games floor supervisor. The tension between the co-workers began on November 30, 2019, when Mr. Goodwin discovered that someone damaged his car's windshield wiper in the process of placing a note underneath that stated, “[w]hy do you always park like an asshole, you pussy momma's boy?”^[1] ECF No. 1-2 at 2, ¶ 10. After reviewing his car's camera footage, Mr. Goodwin identified Mr. Hopkins as the individual who left the note. ECF No. 16 at 4.

Mr. Goodwin promptly reported this incident to Twin River management via an incident report in which he explicitly stated that he believed Mr. Hopkins' harassment was due to Mr. Goodwin's sexual orientation.^[2] ECF No. 13-2. Two days later, Human Resources Manager Alisar Rowan called Mr. Goodwin to inform him that there was nothing Twin River could do regarding the incident. ECF No. 17-5 at 2. Mr. Goodwin then reported the note and damage to Lincoln Police, and an officer contacted Ms. Rowan to gather more information on Mr. Hopkins but Ms. Rowan refused to provide such information without a subpoena. ECF No. 17-6 at 2. Nonetheless, the Lincoln Police officer eventually contacted Mr. Hopkins, who admitted to leaving a note on Mr. Goodwin's car but denied causing any damage. Id. at 3. Pursuant to Twin River's investigation of the incident, Mr. Hopkins filed an incident report, stating that he left a “friendly note” under Mr. Goodwin's windshield wiper because Mr. Goodwin's car was parked outside the designated space. ECF No. 13-3 at 2.

About a month later, Mr. Goodwin discovered that someone deliberately parked their car to block entry through the driver's side door. ECF No. 1-2 at 2, ¶ 13. After review of his car's camera recordings, Mr. Goodwin observed that Mr. Hopkins was responsible for the blockage and reported the incident to Ms. Rowan, Human Resources Executive Director Jennifer Reagan, and union official Tara Romano. ECF No. 13-1 at 53-54. In the incident report, Mr. Goodwin stated that Mr. Hopkins continued to harass him by “intimidating” him and “touching and messing” with his car and highlighted that he feared for his safety at work but felt that Twin River had done nothing to help. ECF No. 13-4.

During Twin River's investigation of the incident, Mr. Hopkins filed his own incident report, admitting that he purposely parked closely to the driver's side of Mr. Goodwin's vehicle to give him “some perspective” on how Mr. Goodwin's habit of parking his vehicle in the lane of travel was impacting others. ECF No. 13-5. In response, Twin River management issued a reprimand to James Hopkins, instructing him to “conduct himself in a professional and courteous manner with all employees” and urging that “any further incidents will result in progressive discipline up to and including termination.” ECF No. 13-6.

A few weeks later, Mr. Goodwin emailed Ms. Reagan reporting that Mr. Hopkins was staring him down and that he planned to file a restraining order against Mr. Hopkins because he was in fear of his safety and felt that Twin River management was not taking any disciplinary action against Mr. Hopkins for his behavior. ECF No. 17-14. Mr. Goodwin followed through with his plan and obtained a harassment prevention order, instructing Mr. Hopkins not to harass, harm or contact Mr. Goodwin and to remain at least 2 yards away from Mr. Goodwin. ECF No. 17-16. Upon Mr. Goodwin apprising Ms. Reagan about the order, she informed Executive Director of Table Games Kevin Brown about it, who in turn replied that no contact should mean “[n]o conversation” and that if Mr. Hopkins were ever supervising Mr. Goodwin, they would “make a change” for the few hours it impacted. ECF No. 17-17.

Nonetheless, Mr. Hopkins violated the harassment prevention order, entering Mr. Goodwin's poker pit, staring at, and walking by him and standing at a desk computer behind Mr. Goodwin-all which occurred within six feet of Mr. Goodwin. Mr. Goodwin perceived these acts as an attempt to intimidate him and called a table manager over to make her aware of the situation and request for her to move either him or Mr. Hopkins out of the area. However, after consulting management, the table manager ultimately informed Mr. Goodwin that there was nothing she could do. When Mr. Goodwin asked to leave his table to report the incident to an officer, the table manager refused and stated, “if this affects you so seriously, you should probably find another job.” She then warned that if Mr. Goodwin left his poker table, she would have him terminated for job abandonment. In an incident report reciting this incident, Mr. Goodwin stated he was in constant fear for his safety at work, described Mr. Hopkins as a “threat” and asserted that the “house” was condoning Mr. Hopkins' behavior by neither disciplining him nor enforcing the harassment prevention order. ECF No. 17-18 at 2; ECF No. 13-1 at 69-71.

Shortly after this incident, Mr. Goodwin obtained an extension on his harassment prevention order against Mr. Hopkins, which increased the order's duration to a year, and required Mr. Hopkins to stay at least 10 yards away from Mr. Goodwin. ECF No. 13-9. Nonetheless, a month after obtaining the modified order, Mr. Goodwin emailed Mr. Reagan to report that Mr. Hopkins violated the restraining order once again by “flooring” in Mr. Goodwin's pit and walking within 5 feet of his gaming table several times. ECF No. 13-10 at 2. He stated that, during this incident, Mr. Hopkins looked to see if Mr. Goodwin was in the gaming pit and deliberately entered the pit despite both him and Twin River management being aware he was not supposed to be near Mr. Goodwin. ECF No. 13-1 at 84.

In another incident, Mr. Hopkins entered a break room while Mr. Goodwin was present and seated directly beside a coat rack. ECF No. 13-12. Mr. Hopkins hung his coat on that coat rack and promptly exited the room. Id. Mr. Goodwin reported the incident to Ms. Rowan, Table Games Manager Kimberly Marafitte, and Lincoln Police Department as constituting a violation of the harassment prevention order.

ECF No. 1-2 at 2, ¶ 18; ECF No. 13-12 at 2. Lincoln Police Department declined to file charges against Mr. Hopkins, after concluding that Mr. Hopkins contact with Mr. Goodwin was not intentional. ECF No. 13-12 at 2.

A few months later, Mr. Goodwin filed a discrimination charge against Twin River at the Rhode Island Commission for Human Rights, claiming a “hostile pattern of ongoing harassment” from Mr. Hopkins against him based on his sexual orientation. ECF No. 13-15 at 1, 3. In the charge, Mr. Goodwin highlighted that despite the multiple incident and police reports he filed regarding Mr. Hopkins' behavior, Twin River Human Resources refused to protect him or take any corrective action, thus perpetuating a hostile work environment. Id. at 4. Further, Mr. Goodwin attested that because of Mr. Hopkin's harassment, he was in constant fear of his life and had to seek medical attention for “physical and mental health issues.” Id.

B. Incidents With Other Personnel

In March 2021, Louis Pear, a co-worker of Mr. Goodwin, served as a witness for an incident report, reporting that he overheard union representative Leigh Gilbert^[3] call Mr. Goodwin a “faggot” and said he “knew where he and his kids lived.” ECF No. 13-13. Shortly after that incident, Mr. Goodwin requested that his union dues not be withheld from his paycheck despite knowing that Local 711 could still seek to collect those dues. Human Resources promptly approved his request. ECF No. 13-1 at 97.

In December 2021, John Flanagan, a Twin River employee, was acting in his capacity as a union representative when he accompanied Mr. Goodwin to a meeting with Human Resources about potential discipline. On the way to the meeting Mr. Flanagan told Mr. Goodwin “Now when we go up there, none of that gay shit.” ECF No. 17-11 at ¶ 12-13. At the meeting, Mr. Goodwin argued against having Mr. Flanagan being present as his union representative, alleging that he previously doxed and harassed Mr. Goodwin. Id. ¶ 14. But Twin River management neither permitted Mr. Goodwin to leave the meeting nor have another union representative represent him. Id.

C. Incidents Leading Up to Resignation

Due to Mr. Goodwin's decision not to pay union dues, he was eventually suspended from Twin River in early 2022 and did not return to work until July 2022, when he finally paid his dues. ECF No. 13-1 at 32, 99. In the period after his return from suspension, Mr. Goodwin stated Mr. Hopkins...