Parker v. Buttonwood Painting Contractors, Inc.

MICHAEL PARKER, Plaintiff, v. BUTTONWOOD PAINTING CONTRACTORS, INC., Defendant.

CIVIL ACTION NO. 19-724-KSM

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

June 8, 2020

MEMORANDUM

MARSTON, J.

This is an employment discrimination case brought by Plaintiff Michael Parker against Defendant Buttonwood Company, Inc.¹ In his Complaint, Parker alleges claims of race discrimination/disparate treatment, hostile work environment, and unlawful termination under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, et seq. ("Title VII"), and the Pennsylvania Human Relations Act, 43 P.S. § 951, et seq. ("the "PHRA"). Presently before the Court is Buttonwood's Motion for Summary Judgment, pursuant to Fed. R. Civ. P. 56. For the reasons discussed below, we will grant Buttonwood's Motion in part and deny it in part.

I. Factual Background

Taking the facts in the light most favorable to Plaintiff, the relevant facts are as follows.Parker started working for the Union, District Council 21, as an apprentice in 2006, and in 2010 or 2011, he graduated to a licensed journeyman painter.² Buttonwood only hired Union painters,³ and around late-2014, Parker began working on-and-off as a seasonal painter for Buttonwood.⁴

At Buttonwood, while on a job site, Parker reported to the foreman of that site, who was responsible for overseeing the painters and directing their work.⁵ Around August 2017, Parker was assigned to work at Buttonwood's Hanover job site with foreman David Gordon.⁶ Parker remained at the Hanover site for approximately four to six weeks, until September 28, 2017.⁷

At first, Parker thought that Gordon liked him because he was willing to work on weekends and was "a good worker."⁸ About a week or two after they started working together, however, Parker sensed a shift in his relationship with Gordon.⁹ Around this time, Gordon approached Parker and asked whether he spoke Spanish.¹⁰ Parker replied that he did not.¹¹ A few days later, Gordon approached Parker and another employee.¹² Gordon asked the other employee if he spokeSpanish, and once that worker replied that he did not, Gordon again asked Parker whether Parker spoke Spanish.¹³ Again, Parker told Gordon that he did not.¹⁴ Gordon then pressed, "Well, what are you?"¹⁵ Parker asked why it mattered, to which Gordon responded, "I'm just asking, Parker."¹⁶ Eventually, Parker told Gordon, "I'm mixed. I'm black and white."¹⁷ Gordon responded, "[W]hy didn't you just say that? If you're black, it's nothing to be ashamed of. You should wear that on your sleeve like a badge of honor."¹⁸ Parker "felt that it was none of [Gordon's] business" what race Parker identified with, and Parker was upset that Gordon was "identifying [him] as a black man now."¹⁹ Parker did not want to discuss race with Gordon and thought, "[D]ude, don't tell me who I am."²⁰

Immediately after Gordon learned Parker was biracial, Parker felt that Gordon's behavior towards him changed.²¹ Parker testified that it was like a switch had been flipped, and Gordon'streatment of him went "from one extreme to the other."²² In particular, Parker observed that Gordon "went from being nice to [him]" and asking if he wanted to work on the weekends to earn overtime, to "not asking [him] no more," "becoming very agitated," and "screaming in [his] face and spitting in [his] face."²³

Parker also testified that Gordon's approach was at first "very subtle" after he learned that Parker was biracial, as if Gordon was trying to determine how Parker identified—black or white.²⁴ For example, Parker testified that during his second or third week on the job site, Gordon brought up a boxing match between two athletes who were different races (Conor McGregor and Floyd Mayweather), and asked "who's the better fighter and things like that."²⁵ Parker felt that Gordon was trying to get him to pick a side to "see how [he] identif[ied]" and testified that Gordon "was always bringing up a black and white thing out of nowhere."²⁶ During a different incident, Gordon raised the issue of race again when he told Parker that he talked "like a white guy" and stated that another employee acted "more black than [Parker]."²⁷ Parker testified that Gordon's discussions on race grew more frequent, leading him to feel pressure to pick a side, which made him uncomfortable.²⁸

Parker was also bothered after his black co-worker Roneesha Williams' demeanor towards him changed following a walk with Gordon.²⁹ After her walk, Williams told Parker, "[D]ude, one day you talk like you're black. One day you talk like you're white. I don't fuck with frauds."³⁰ Parker acknowledged that he "can't say for sure it came from [Gordon]," though his "gut feeling" was that "[Gordon] was attacking [him]" to Williams.³¹

On another occasion, while Gordon told a joke, Gordon singled out Parker and asked him, "[W]hat's the best thing man ever made for a black woman?"³² Parker replied, "I don't know, Dave . . . [W]hat[?]"³³ Gordon responded, "a wig."³⁴ In response to this offensive joke, Parker asked Gordon if he had "ever been with a black woman."³⁵ Gordon replied, "No, Parker. I'm from the other side of the bridge. We don't do that. And I'd be shunned from my community if I was ever with a black woman."³⁶

In addition, Parker felt that Gordon bullied him.³⁷ Once, Gordon borrowed Parker's phone,flipped through Parker's photos, and showed the crew pictures of Parker's wife, commenting, "[h]ow did he get a girl like that."³⁸ During another incident, Parker recalled that he had been cutting in (i.e., doing brush work around the perimeter of the surface) on three rooms, and Gordon yelled at him for not moving fast enough.³⁹ Parker also testified that Gordon would stand right behind him while he was working, startling him, and at times, Parker observed Gordon staring at him in what he perceived to be disgust.⁴⁰

Parker also pointed to an incident that occurred on September 27, 2017, when Gordon directed Parker and an apprentice to paint a parking garage area and provided them with tools.⁴¹ In Parker's opinion, Gordon had not given them enough tools to properly complete the assigned work.⁴² Parker asked Gordon for more supplies, but Gordon refused to give any additional tools.⁴³ Later, Parker sent the apprentice to get a 9-inch roller with a 9-inch sleeve.⁴⁴ The apprentice informed Parker that when he went to retrieve the tools, Gordon yelled at him and "snatched" theroller out of his hand and threw it across the room.⁴⁵ At a break, Gordon approached Parker and was "visibly upset" that Parker had undermined his authority by instructing the apprentice to retrieve the roller.⁴⁶

For Parker, tensions reached a boiling point the next day on September 28, 2017, around 7:00 a.m.⁴⁷ Parker had been assigned to perform cut in work with a brush, and another co-worker had been assigned to roll.⁴⁸ After observing Parker from behind, Gordon began cursing and "screaming at the top of his lungs" at Parker for cutting in (brushing) a spot that his co-worker was supposed to roll over instead.⁴⁹ Parker recalled that he may have been assigned to "cut all low," when Gordon observed him "standing up cutting something that was high" rather than "on [his] knees cutting low"; in other words, Gordon was upset Parker was not doing as he was instructed.⁵⁰ When Parker tried to explain, Gordon told him, "I really don't care about your logic if you don't do things the way that I tell you to do them you're gone you're out of here."⁵¹ As Gordon's spitbegan flying in his face, Parker stepped back to create some distance.⁵² Nonetheless, Gordon took a step forward towards him, and started screaming louder, such that spit was still spraying out of Gordon's mouth towards Parker.⁵³ Following this encounter with Gordon, Parker felt "humiliated" and "[tears] were there," such that one of his co-workers, Steven Belcher, approached him to see if he was alright and put an arm around him to comfort him.⁵⁴

About two hours later, around 9:00 a.m., Parker walked off the Hanover site because "[he] felt that [he] had no other alternative" as he felt "threatened" by Gordon.⁵⁵ Parker testified, "I felt like I was avoiding a crisis. I have personal boundaries and Dave crossed them."⁵⁶ Parker elaborated: "I made the decision to walk out, because I knew at this point if this guy comes in my face one more time I'm going to end up in trouble. And I don't want to be the guy in trouble."⁵⁷ Once Parker arrived home, he received a phone call from Gordon, asking where he went.⁵⁸ Parker told Gordon that he was at home, and after Gordon inquired why he left, Parker responded, "I'm tired of your stuff, man. I can't deal with you no more."⁵⁹

Parker had not raised any complaints to Buttonwood prior to walking off the Hanover jobsite on September 28.⁶⁰ However, the next morning, on September 29, Parker called Buttonwood's roadman, Harry Gordon—Gordon's brother—to explain the situation and complain about Gordon's treatment of him.⁶¹ Parker informed Harry Gordon that his brother was bullying him and causing racial tension.⁶² Harry Gordon indicated that he did not want to hear any more and instructed Parker to escalate the matter above him.⁶³ The same day, Parker sent an email to Buttonwood's owner and explained:

I was recently an employee of yours up until yesterday. There was an incident where I felt like I had no other alternative but to walk off the hanover job because I felt threatened by one of your Formans [sic] Dave Gordon. Dave is a well-known bully I had 2 options stand up to Dave as a bully or walk away yes I chose to walk away because I wasn't going to jeopardize my freedom[.]⁶⁴

Parker detailed Gordon's bullying behavior and complained of Gordon's discriminatory conduct.⁶⁵

In response to Parker's complaint, the Union conducted an investigation.⁶⁶ The Unionspoke with Williams, Gordon, and the shop steward of the Hanover site, none of whom corroborated Parker's allegations.⁶⁷ Parker did not cooperate with the Union's investigation.⁶⁸...