Pedro v. City Fitness, LLC, CIVIL ACTION NO. 15-04964

CARMENCITA MARIA PEDRO, Plaintiff, v. CITY FITNESS, LLC, et al., Defendants.

CIVIL ACTION NO. 15-04964

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

March 30, 2018

OPINION

Slomsky, J.

I. INTRODUCTION

Plaintiff Carmencita Maria Pedro, proceeding pro se, brings this suit against Defendants City Fitness, LLC; 2101 South Street Fitness, LLC; 1148 Wharton Street Fitness, LLC; 400 Walnut Street Fitness, LLC; Fit Perx, LLC; City Fitness Management, Inc.; Bombay Yoga Company; Kenneth Davies; Carl Geiger; Stephanie Hicks; Jeff Quinn; C. Richard Horrow, Esquire; Kathryn Blessington; Ruben Diaz; Kristen Symballa; Evin Ford; Janet Harris-Ford; Gail Kotel; Marie Hilferty; Harrison Treegoob; Edita Zlatic-Stuckey; Maxwell Stuckey; Stephanie Stoyer; and Anne Rogers.¹ (Doc. No. 58.) She alleges wrongdoing committed against her during her association with City Fitness. (Id.)

In Count I of seven counts in the Second Amended Complaint (SAC), Plaintiff alleges violations of the Equal Pay Act; Fair Labor Standards Act (FLSA); Title VII of the Civil Rights Act of 1964 ("Title VII"); 42 U.S.C. § 1981; the Pennsylvania Equal Pay Law; and the Pennsylvania Human Relations Act (PHRA) against City Fitness, Kenneth Davies, Carl Geiger, Stephanie Hicks and Jeff Quinn. (Id. at 126-27.)

In Count II, Plaintiff alleges Discrimination, Harassment and Retaliation under the Age Discrimination in Employment Act of 1967 ("ADEA"); Title VII; 42 U.S.C. § 1981; and the PHRA against all Defendants. (Id. at 128-31.)

In Count III, Plaintiff alleges Misclassification as an Independent Contractor under the Employment Retirement Income Security Act; and violations of the FLSA; Title VII; 42 U.S.C. § 1981; the Pennsylvania Minimum Wage Act; the Pennsylvania Workers' Compensation Act; and the Pennsylvania Wage Payment and Collection Law against City Fitness, Kenneth Davies, Stephanie Hicks, Jeff Quinn and C. Richard Horrow, Esquire. (Id. at 131-33.)

In Count IV, Plaintiff alleges Wrongful Demotion and Wrongful Termination under the ADEA; and violations of Title VII; 42 U.S.C. § 1981; and the PHRA against City Fitness; Kenneth Davies; Carl Geiger; Stephanie Hicks, Jeff Quinn; C. Richard Horrow, Esquire;Harrison Treegoob; Marie Hilferty; Ruben Diaz; Gail Kotel; Janet Harris-Ford; Evin Ford; Kathryn Blessington; Kristen Symballa; Stephanie Stoyer; Edita Zlatic-Stuckey; Maxwell Stuckey; and Anne Rogers. (Id. at 133-36.)

In Count V, Plaintiff alleges Post-Employment Retaliation and Tortious Interference with Business Relationships against City Fitness; Kenneth Davies; Carl Geiger; Stephanie Hicks; Jeff Quinn; C. Richard Horrow, Esquire; Harrison Treegoob; Marie Hilferty; Ruben Diaz; Gail Kotel; Janet Harris-Ford; Evin Ford; Kathryn Blessington; Kristen Symballa; Stephanie Stoyer; Edita Zlatic-Stuckey; Maxwell Stuckey; and Anne Rogers. (Id. at 136-39.)

In Count VI, Plaintiff alleges Defamation and Tortious Interference with Business Relationships against City Fitness; Kenneth Davies; Carl Geiger; Stephanie Hicks; Jeff Quinn; C. Richard Horrow; Harrison Treegoob; Marie Hilferty; Ruben Diaz; Gail Kotel; Janet Harris-Ford; Evin Ford; Kathryn Blessington; Kristen Symballa; Stephanie Stoyer; Edita Zlatic-Stuckey; Maxwell Stuckey; and Anne Rogers. (Id. at 140-43.)

Finally, in Count VII, Plaintiff alleges Unlawful Publication of Confidential Compensation records against City Fitness; Kenneth Davies; Carl Geiger; Stephanie Hicks; Jeff Quinn; C. Richard Horrow; Harrison Treegoob; Marie Hilferty; Ruben Diaz; Gail Kotel; Janet Harris-Ford; Evin Ford; Kathryn Blessington; Kristen Symballa; Stephanie Stoyer; Edita Zlatic-Stuckey; Maxwell Stuckey; and Anne Rogers. (Id. at 143-47.)

Defendants have filed three Motions to Dismiss the SAC in its entirety. (Doc. Nos. 60-61, 81.) The Motions are ripe for disposition.²

II. BACKGROUND³

In August 2010, City Fitness's 200 Spring Garden Street fitness club hired Plaintiff Carmencita Maria Pedro, a woman of Puerto Rican ancestry, as a Group Exercise Instructor. (Doc. No. 58 at 13 ¶ 4.) Plaintiff was hired as an independent contractor, and signed an agreement acknowledging that status. (Id. ¶¶ 6-7; Doc. No. 60, Ex. B.)

Beginning on November 1, 2010, Plaintiff taught the "Silver Sneakers" class at 200 Spring Garden Street. (Doc. No. 58 at 16 ¶ 32.) In January 2012, City Fitness had opened a fitness club at 2101 South Street. At some point, Plaintiff made a request to teach yoga classes there. (Id. at 19 ¶¶ 61-63.) Defendant Geiger denied her request, allegedly stating, "[y]ou know, the demographic in that neighborhood is very white-bred and I just don't think you would fit in." (Id. ¶¶ 64-65.) Nevertheless, by June 2012, Plaintiff began teaching classes at the South Street location. (Id. at 20 ¶ 71.) In August 2012, Defendant Geiger hired Plaintiff as the Group Exercise Manager. (Id. at 21 ¶ 91.) Plaintiff earned an extra $150 per pay period for this position. (Id. at 22 ¶ 93; Doc. No. 60, Ex. C.)

On May 1, 2013, Plaintiff allegedly met with Defendants Hicks and Geiger regarding her status as an independent contractor. (Doc. No. 58 at 39 ¶¶ 229-233.) No change in her status occurred. (Id. ¶ 237.)

From November 1, 2010 until December 31, 2010, Plaintiff was paid $30 for teaching each Silver Sneakers class. (Id. at 17 ¶ 39.) On January 1, 2011, the pay rate for class instructorswas reduced to $25 a class. (Id. at 17-18 ¶¶ 47-49.) George Goodritz, a Jewish male, was unhappy with the pay decrease and resigned from his position with City Fitness. (Id. at 18 ¶¶ 54-55.) City Fitness replaced Goodritz with Johnathan Sneed, as African-American male over the age of 50. (Id. ¶¶ 56-57.)

On October 1, 2013, after Plaintiff had taught classes at the South Street location for more than a year, Plaintiff was allegedly told by Defendant Geiger that she would no longer teach the Silver Sneakers class at the South Street location "because the demographic [there] is more white." (Id. at 28 ¶ 143.) Defendant Geiger told Plaintiff she could continue teaching the Silver Sneakers class until he could find a "suitable replacement." (Id. at 29 ¶ 145.) On or about October 2, 2013, Goodritz was rehired to teach the Silver Sneakers class at the South Street location for $35 a class. (Id. ¶ 151; id. at 31 ¶ 159.) The pay rate for other instructors remained at $25 a class. (Id. at 17 ¶ 48.) A month after Plaintiff was terminated for reasons discussed infra, City Fitness implemented a new, seniority-based pay structure for all employees. (Id. at 56 ¶ 375.) Under the new pay structure, the most senior yoga teachers and group exercise instructors were paid a fixed rate of $35 a class. (Id. at 57 ¶ 377.)

On December 10, 2013, Plaintiff was informed that her job responsibilities were being reduced because of complaints received from club members and other instructors. (Id. at 47 ¶ 300; id. at 60 ¶ 409.) Specifically, the following complaints were submitted in writing:

On November 13, 2013, Edita Zlatic-Stuckey and Maxwell Stuckey, named Defendants, complained,

First time taking Fusion class; my husband signed us up for the hardcore class that took place in yoga studio. Fusion-yoga part instructor walked in the studio and picked on me for having shoes on. I tried to apologize that I wasn't aware what was going on since it was my first time but she dismissed me. Extremely unprofessional and condescending throughout the class. Aggressive tone, notexplaining sequences, had to leave class in the middle. Considering canceling my membership.

(Doc. No. 60, Ex. D.)

On November 19, 2013, Edita Zlatic-Stuckey made another complaint:

The night after I wrote my last form[, Carmencita] ambushed my husband and I at the Whole Food Store trying to resolve the issue in the middle of the store. She told us that it was our fault for signing up for the class w[ithout] knowing what the format of the class is and that the class is not designed to be welcoming. I'm concerned that she is one of the managers reading this form[] and stalking us in public. If this is not resolved I will have to cancel my membership.

(Id. at Ex. E.)

On November 20, 2013, Kristen Symballa, a named Defendant, wrote: "Carl [Geiger], I have some issues/concerns surrounding yoga and specifically a conflict with Carmencita. Please call me. Me as well as other members have been complaining and are concerned." (Id. at Ex. F.) She subsequently complained,

Carmencita has a yoga class scheduled after a class I was subbing for, for Metro Kids. We were finishing up and were running actually ahead of the scheduled time. Carmencita interrupted my class to "set up" for Power Yoga. I told Carmencita we would be done in 5 min[utes]. She waited at the door with her arms crossed. I looked over and she said, "OK! Like now!" in a loud voice. It was extremely rude and unnecessary. This is just one issue that I had w[ith] Carmencita. She also was a no show for 2 of my yoga tryouts, and texted me at 12 a[m], saying I was supposed to sub a class and was a no show. I was never on the sub list and would not have agreed because I did not work in Philadelphia on that scheduled day.

(Id. at Ex. G.)

On November 21, 2013, Anne Rogers, a named Defendant, complained,

I took Carmencita's class [at] 6 on the 21st. I have been spinning for years [and] was incredibly disappointed with the way the instructor teaches. She often arrives late and unprepared for class. There are long pauses between the songs while she scrolls through her list for the next song to use. When members have complained to her about the class, rather than listening, she becomes defensive [and] hostile, excusing her poor effort [and] lack of preparation as a different style of teaching, which is a load of [expletive].

(Id. at Ex. H.)

Janet Ford, another named Defendant, complained,

My major problem is that she is very rude and lacks human understanding. She talks to people like they are bad behaving children. I will have to leave my class here at City Fitness because I can't

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