King v. Aramark Servs.

KRISTEN KING, Plaintiff, v. ARAMARK SERVICES, INC., Defendant.

No. 1:19-cv-77

United States District Court, W.D. New York

May 9, 2022

OPINION AND ORDER

(DOC. 62)

Geoffrey W. Crawford, Judge United States District Court

On January 14, 2019, Plaintiff Kristen King filed this gender-based discrimination, hostile work environment, and retaliation action against her former employer Defendant Aramark Services, Inc. ("Aramark") under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), and under the New York State Human Rights Law, N.Y. Exec. Law § 290 et seq. ("NYSHRL"). The court dismissed the NYSHRL claims under Fed.R.Civ.P. 12(b)(6) in an order dated July 29, 2019. (Doc. 16.) The parties have since been engaged in discovery as to the remaining Title VII claims, which allege sex discrimination (Count 1), retaliation (Count 3), and a hostile work environment ("HWE") (Count 5).

Now pending is Aramark's motion for summary judgment under Fed.R.Civ.P. 56, filed on November 1, 2021. (Doc. 62.) Aramark argues that the HWE claim is time-barred. (Doc. 63 at 11.) Aramark further asserts that all three Title VII claims fail for lack of evidence to support essential elements of each claim. Finally, Aramark contends that, if any of Ms King's Title VII claims survive, the court should limit her recoverable damages. (Id. at 30.) The court heard oral argument on the motion on February 16, 2022.

Background

The Second Circuit has observed that discrimination cases are "fact-intensive." Abdu-Brisson v. Delta Air Lines, Inc., 239 F.3d 456, 466 (2d Cir. 2001). This case is no exception. Aramark has filed a 41-page, 181-paragraph statement of facts in support of its Rule 56 motion (Doc. 64) together with an appendix of exhibits cited in that motion (Doc. 65). Ms. King has filed a 105-page, 181-paragraph "Counterstatement of Contested Material Facts" (Doc. 69) and her own appendix of exhibits (Doc, 69-1). Drawing on the parties' statements and its own review of the record, the court sketches here an overview of the material facts in this case, arranged in generally chronological order, ^[1] Additional facts are set forth as necessary in the discussion below.

Kaleida Health (2005-2010)

Ms King worked for an Aramark entity^[2] at its account with Kaleida Health from June 2005 until June 2010. She first held the position of Retail Manager before being promoted to Director of Food and Nutrition (also known as Food Service Director). Ms. King's employment there ended after her employer lost its contract with Kaleida Health in June 2010.

Ms. King then went back to school and obtained a master's degree in Innovation, Creativity and Change Leadership in 2012.

Acceptance of General Manager Position at VHS; FMLA Leave (2012-2013)

On April 5, 2012, Aramark sent a letter to Ms, King offering her the position of General Manager - Food and Nutritional Services of Aramark's account with the Valley Health System ("VHS"), (Doc. 64-1.) At the relevant times VHS contracted with Aramark to provide food and facility services to six health facilities in Virginia and West Virginia. (See Doc. 69-2 ¶¶ 8, 101.) Winchester Medical Center ("WMC") in Winchester, Virginia is VHS's flagship hospital and headquarters.

Ms. King accepted Aramark's employment offer. She was an at-will employee and she reported to the District Manager. She was given an office at WMC but lost that office in or about October 2012 due to space constraints. (Id. ¶10.) Ms. King's unit did about $10 million in business annually. (Id. ¶ 71.) She directly supervised between 150 and 200 employees. (Id. ¶¶4, 101.) VHS was one of the largest Aramark accounts in the area. (Id. ¶ 21.) The CEO of VHS, Bob Amos, was Ms. King's largest client. (Doc. 65-45 at 115; Doc. 69-2 ¶¶ 43, 103.)

At the time Ms. King was hired she lived in Hamburg, New York. The new job required frequent travel among the VHS hospitals. Aramark offered to facilitate Ms. King's relocation to the Winchester, Virginia area and made a $11, 006.28 relocation payment to her on May 18, 2012. Ms. King used the payment to cover the costs of relocating to a home in Stanley, Virginia-approximately 64 miles from Winchester-which she preferred for its country atmosphere. (Doc. 69-2 ¶ 8.)

While renting the home in Stanley, Ms. King maintained her home in Hamburg. (Doc. 69-2 ¶ 8.) Her teenage son and her fiance lived with her in Stanley periodically but their primary residence was in Hamburg. (Id.) Ms. King's son had a mental health condition for which he received treatment. On or about October 30, 2013, Aramark approved Ms. King's application under the Family Medical Leave Act ("FMLA") to provide for intermittent leave to care for her ill son. (Doc. 69-2 ¶ 16.) At times before and after that FMLA approval, Aramark authorized Ms. King to work from her home in Hamburg to allow her to care for her son. (See Id. ¶ 15.)

Griffith Thomas Promoted to District Manager (2015)

When the District Manager position became vacant in fall 2014, Ms. King interviewed for the position. (Doc. 69-2 ¶ 17.) Aramark also interviewed Griffith ("Griff) Thomas for the position. Mr. Thomas had experience as Director of Environmental Services ("EVS") at WMC and had worked as General Manager - EVS for VHS. Ms. King asserts that her interview was a "sham" because it lasted only 20 minutes and because she was only questioned about District Manager positions for locations other than VHS. (Id.) It is undisputed that Aramark promoted Griffith Thomas to District Manager for the district that included VHS in February 2015.

Ms. King testified that Mr. Thomas frequently looked at her midsection, where she is heavier, and then looked at her with a "look of disgust on his face" that included a furrowed brow, (Doc. 65-45 at 143-144.) She testified that this occurred two to three times per week, especially when she stood up or sat down. (Id. at 146; .see also Doc. 69-2 ¶ 38.) Mr. Thomas did not say anything to Ms. King during these instances. (Doc. 65-45 at 146.) Ms. King asserts that these events continued to occur through 2017. (See Doc. 69-2 ¶ 85.)

Ms. King also testified that, at some point in 2015, while in the WMC cafeteria, Mr. Thomas made a comment about her lunch tray. (Doc, 65-45 at 143.) According to Ms. King, when she arrived at the table with her lunch tray Mr. Thomas said "wow, you must be hungry."

(Id.) Ms. King states that Mr. Thomas made that comment in the presence of the directors who reported to her. (Doc. 69-2 ¶ 38.)

Ms. King testified that Mr. Thomas made a similar comment at some time in 2016 before August 29. (Doc. 65-45 at 143, 145-46.) She recalls that Mr. Thomas made a comment similar to "wow, look at that tray" or "wow." (Id. at 143.) Another male employee, John Shingleton, was also present; Mr. Thomas did not comment on Mr. Shingleton's tray or on Mr. Thomas's own tray. (Doc. 69-2 ¶ 38.)

Ms. King further testified that at some point in 2015 Mr. Thomas commented that Ms. King "should go to the gym at 5:30 in the morning because Mr. Merrill, who was the CEO of Valley Health was there, and he [Mr. Merrill] would like to see [Ms. King] actively working out at the gym." (Doc. 65-45 at 142.) Ms. King testified that Mr. Thomas made a similar comment in 2016. (Id.; see also Doc. 69-2 ¶ 38.) She also states in her declaration that Mr. Thomas continued to make "demeaning and disparaging comments about my weight" at times in 2017. (See Doc. 69-2 ¶ 85.)

Ms. King testified that during the Valley Health Proposal review in 2015, Mr. Thomas made a joke about women in her presence and in the presence of other male executives. (Doc. 65-45 at 147-148.) She does not remember the content of the joke or whether it was sexually explicit. (Id. at 153.) She remembers it was uncomfortable. (Id.) All of the men who were present laughed at the joke. (Doc. 69-2 ¶ 39.)

According to Ms. King, her son's illness began to worsen shortly after Mr. Thomas became District Manager. (Doc. 69-2 ¶ 26.) She recertified for intermittent FMLA leave on March 24, 2015. (Id.) It is undisputed that Aramark approved intermittent FMLA leave through November 2015 due to Ms. King's son's health condition.

Jacob Williford Hired as Controller (2015)

Ms. King hired Jacob Williford in April 2015 to work as a controller reporting to her. (Id. ¶ 21; see also Id. ¶ 94.) Ms. King states that Mr. Williford was heavy in the midsection and worked at WMC, where the gym was located. (Id. ¶ 38.) Ms. King never heard Mr. Thomas state that Mr. Williford should go to the gym. (See id.) She never saw Mr. Thomas stare at Mr. Williford in disgust. (Id.)

When a private office became available at WMC, Mr. Thomas directed that it be given to Mr. Williford. (Doc. 69-2 ¶ 22.) Mr. Thomas told Ms. King that this was because Mr. Williford's work required him to maintain financial documents. (Doc. 65-45 at 118.) Mr. Thomas suggested that Ms. King ask Mr. Amos for an office. (See id.) Ms. King did so but Mr. Amos told her "you have enough space down in that [sic] nutrition, I'm not allowing anymore offices." (Id.) A separate VHS facility-Cork Street Hospital-apparently had available office space but Ms. King asserts that it was a small facility and that she needed a private office at WMC, which was VHS's largest hospital. (See Doc. 69-2 ¶ 22.)

Mr Thomas then told Ms. King that she would have to work in a WMC "fishbowl" conference room where hourly supervisors worked. (Doc. 65-45 at 118; see also Doc. 69-2 ¶22.) The "fishbowl" provided "zero privacy"; Ms. King states that she was unable to discuss financial on the phone. (Doc. 65-45 at 117.) She complained to Mr. Thomas about having to use the "fishbowl" as an office. (Doc. 69-2 ¶ 22.) She states that Mr. Thomas's male direct reports-...