Pippin v. Boulevard Motel Corp.

121 F.Supp.3d 230

Brenda PIPPIN, Plaintiff,

v.BOULEVARD MOTEL CORP., Defendant.

Grace Parker, Plaintiff,

v.Boulevard Motel Corp., Defendant.

Nos. 2:14–cv–00167–JAW

2:14–cv–00169–JAW.

United States District Court, D. Maine.

Signed Aug. 5, 2015.

James A. Clifford, Clifford & Clifford, LLC, Kennebunk, ME, for Plaintiff.

James R. Erwin, Michelle Y. Bush, Pierce Atwood LLP, Merrill's Wharf, Portland, ME, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

JOHN A. WOODCOCK, JR., District Judge.

Brenda Pippin and Grace Parker brought separate lawsuits under the Maine Human Rights Act (MHRA) and Maine Whistleblower Protection Act (MWPA), alleging that Boulevard Motel Corp. (Boulevard Motel), their former employer, wrongfully retaliated against them. Boulevard Motel has moved for summary judgment on the ground that each former employee's claim falls under the "job duties" exception to these Acts. Despite reservations about the scope of and policy behind the "job duties" exception, the Court has applied the latest teaching from the First Circuit Court of Appeals, and having resolved issues regarding the disputed record, the Court concludes that there are no genuine disputes of material fact that require jury resolution on either claim and that Boulevard Motel is entitled to summary judgment on each.

I. STATEMENT OF FACTS

A. Procedural History ¹

On March 21, 2014, Brenda Pippin and Grace Parker, former employees of Boulevard Motel, filed separate, simultaneous complaints in Cumberland County Superior Court for the state of Maine against Boulevard Motel. Decl. of Michelle Y. Bush Attach. 2 Compl. (ECF No. 3). They alleged that Boulevard Motel committed various violations of state and federal law by terminating them. Id. Specifically, Ms. Pippin alleged (1) two counts of unlawful retaliation under the MHRA; (2) one count of adverse employment action for activity protected by the MWPA; and (3) gender discrimination in violation of the MHRA. Id. ¶¶ 17–34 (Pippin, 2:14–cv–00167–JAW) (Pippin ). Likewise, Ms. Parker alleged the same three violations of law as Ms. Pippin, and also alleged (1) age discrimination in violation of the MHRA, and (2) age discrimination in violation of the Age Discrimination in Employment Act (ADEA). Id. ¶¶ 17–48 (Parker, 2:14–cv–00169–JAW) (Parker ). Boulevard Motel removed both cases to this Court on April 22, 2014. Notice of Removal (ECF No. 1). On May 2, 2014, Boulevard Motel filed its Answer to each Complaint. Answer to Compl. (ECF No. 5).

On January 13, 2015, the Plaintiffs moved to dismiss certain counts in each Complaint without prejudice. Am. Notice of Voluntary Dismissal of Count III, or in the Alt., Mot. to Dismiss Count III (ECF No. 23) (Pippin ); Am. Notice of Voluntary Dismissal of Counts III–V, or in the Alt., Mot. to Dismiss Counts III–V (ECF No. 23) (Parker ). The Court granted their motions on February 20, 2015. Order on Mots. to Dismiss (ECF No. 31). Each Plaintiff now brings one count of whistleblower retaliation under the MWPA and one count of retaliation under the MHRA.

On February 27, 2015, Boulevard Motel filed a motion for summary judgment as to both Ms. Pippin and Ms. Parker with a supporting statement of material facts. Def.'s Mot. for Summ. J. (ECF No. 32) (Def.'s Mot. ); Def.'s Statement of Material Facts (ECF No. 33) (DSMF). Ms. Pippin and Ms. Parker responded to Boulevard Motel's motion and its statement of material facts, and filed a statement of additional material facts on March 16, 2015. Pls.' Mem. of Law in Opp'n to Def.'s Mot. for Summ. J. (ECF No. 39) (Pls.' Opp'n ); Pls.' Opposing Statement of Material Facts (ECF No. 40) (PRDSMF); Pls.' Statement of Additional Material Facts (ECF No. 40) (PSAMF). On March 26, 2015, Boulevard Motel filed a reply to Ms. Pippin and Ms. Parker's response and to their statement of additional material facts. Def.'s Reply in Support of Summ. J. (ECF No. 42) (Def.'s Reply ); Def.'s Reply to Pls.' Statement of Additional Material Facts (ECF No. 43) (DRPSAMF). Finally, on June 4, 2015, the Court heard oral argument. Minute Entry (ECF No. 45).

B. Factual Background ²

1. The Parties and the Plaintiffs' Job Responsibilities

Boulevard Motel Corp. was the owner and operator of the Comfort Inn Hotel in South Portland, Maine ("Comfort Inn") in 2010 and 2011. DSMF ¶ 1; PRDSMF ¶ 1.

Plaintiff Brenda Pippin was employed by Boulevard Motel as the Executive Housekeeper at the Comfort Inn. DSMF ¶ 2; PRDSMF ¶ 2. Ms. Pippin worked at the Comfort Inn for over twenty-four years, though Boulevard Motel did not own or operate the Comfort Inn during that whole time period. PSAMF ¶ 1; DRPSAMF ¶ 1. She worked initially as a housekeeper for two years, then in laundry for approximately three years, and then became Executive Housekeeper. Id.³ As Executive Housekeeper, Ms. Pippin was in charge of the housekeeping department and had responsibilities relating to hiring, firing, supervising and disciplining housekeeping employees. DSMF ¶ 3; PRDSMF ¶ 3. Ms. Pippin supervised Grace Parker and housekeeper Abinair Martin, among others. DSMF ¶ 12; PRDSMF ¶ 12.

Plaintiff Grace Parker was employed by Boulevard Motel as the Assistant Executive Housekeeper at the Comfort Inn. DSMF ¶ 4; PRDSMF ¶ 4. Ms. Parker worked for the Comfort Inn for eleven years (starting in 2000), beginning first as a housekeeper and laundry aide before becoming Assistant Executive Housekeeper several years later. PSAMF ¶ 2; DRPSAMF ¶ 2.⁴ As Assistant Executive Housekeeper, Ms. Parker had supervisory duties and was responsible for performing Ms. Pippin's responsibilities when Ms. Pippin was not at work, including overseeing daily tasks of the housekeeping staff, except Ms. Parker was unable to hire, fire, or discipline housekeeping employees. DSMF ¶ 5; PRDSMF ¶ 5;⁵ PSAMF ¶ 3; DRPSAMF ¶ 3.⁶ Ms. Parker supervised Abinair Martin when Ms. Pippin was not at work, but Ms. Parker did not have the authority to fire or discipline Ms. Martin. DSMF ¶ 13; PRDSMF ¶ 13.⁷

2. Sexual Harassment Policy and Training

Ms. Pippin and Ms. Parker each received annual training entitled, "Preventing Sexual Harassment Supervisor Version." DSMF ¶ 6; PRDSMF ¶ 6.⁸ That annual training instructed supervisors such as Ms. Parker and Ms. Pippin to immediately report employee complaints of sexual harassment according to the reporting structure outlined in company policy. DSMF ¶ 7; PRDSMF ¶ 7.⁹ Boulevard Motel's sexual harassment policy contained in its employee handbook required that "any supervisor who sees or hears about conduct that may constitute harassment under this policy must immediately contact the Property Manager or Sunburst Hospitality's Corporate Human Resources Department." DSMF ¶ 8; PRDSMF ¶ 8.

Ms. Pippin and Ms. Parker each received copies of the employee handbook. DSMF ¶ 9; PRDSMF ¶ 9. Boulevard Motel's policy entitled, "Supervisor's Role During Sexual Harassment Investigation Procedures," required Ms. Parker and Ms. Pippin to report to human resources any employee complaints about alleged harassment. DSMF ¶ 10; PRDSMF ¶ 10.¹⁰ Ms. Pippin and Ms. Parker each received a copy of the policy entitled, "Supervisor's Role During Sexual Harassment Investigation Procedures." DSMF ¶ 11; PRDSMF ¶ 11.

Boulevard Motel's sexual harassment policy instructed that employees with complaints of harassment could bring them to their supervisor, the hotel manager, or human resources. DSMF ¶ 36; PRDSMF ¶ 36.

3. April 21, 2010: The Alleged Sexual Harassment Incident Witnessed by Grace Parker

On or about April 21, 2010, Ms. Parker witnessed an incident between Ms. Martin and a maintenance employee, Randy Crabtree. DSMF ¶ 14; PRDSMF ¶ 14. On that day, Ms. Parker was supervisor of the housekeeping department, including Ms. Martin, because Ms. Pippin was not at work. DSMF ¶ 15; PRDSMF ¶ 15.¹¹ Ms. Parker was in the break room when she overheard Mr. Crabtree call Ms. Martin "nipples." DSMF ¶ 16; PRDSMF ¶ 16.

Ms. Parker then went outside with Ms. Martin and asked her if Mr. Crabtree had said what she thought she heard; Ms. Martin answered that he had. DSMF ¶ 17; PRDSMF ¶ 17. Ms. Martin then told Ms. Parker that Mr. Crabtree had also stated that he heard that Brazilian women have big nipples and asked Ms. Martin, who is Brazilian, to lift her shirt and show him her nipples so he could suck them. DSMF ¶ 18; PRDSMF ¶ 18. Ms. Parker told Ms. Martin that she needed to document everything and that they should go to Beth Landergren, Hotel General Manager. DSMF ¶ 19; PRDSMF ¶ 19. Ms. Martin responded that she wanted to wait for Ms. Pippin to return to work so they could go to Ms. Landergren together. DSMF ¶ 20; PRDSMF ¶ 20.

4. April 24, 2010: Brenda Pippin Returns to Work

On or about April 24, 2010, when Ms. Pippin returned to work, Ms. Parker told Ms. Pippin that Ms. Martin had something to tell her. DSMF ¶ 21; PRDSMF ¶ 21. Ms. Martin, Ms. Parker and Ms. Pippin were having a lunch break when Ms. Martin told Ms. Pippin about the incident with Mr. Crabtree. DSMF ¶ 22; PRDSMF ¶ 22. Ms. Pippin told Ms. Martin that they needed to go talk to Ms. Landergren. DSMF ¶ 23; PRDSMF ¶ 23.

5. April 27, 2010: Brenda Pippin, Grace Parker, and Abinair Martin Speak with Beth Landergren; Ms. Landergren and Ms. Martin Report the Allegations to the Human Resources Department

On or about April 27, 2010, Ms. Pippin, Ms. Parker, and Ms. Martin went to talk to Ms. Landergren. DSMF ¶ 24; PRDSMF ¶ 24. Ms. Pippin told Ms. Landergren that Ms. Martin had an incident with Mr. Crabtree that she needed to tell to Ms. Landergren. DSMF ¶ 25; PRDSMF ¶ 25. Ms. Martin then proceeded to describe to Ms. Landergren the incident with Mr. Crabtree that had occurred on or about April 21, 2010. DSMF ¶ 26; PRDSMF ¶ 26.

Ms. Landergren said she "would believe" Ms. Martin's allegations if they had been directed toward another employee, Michael Cox, but not Mr. Crabtree, and she initially tried to dissuade Ms. Martin from pressing the matter by claiming Mr. Crabtree "doesn't fit the profile" and commented "are you...