Providence v. The R.I. Comm'n For Human Rights

PROVIDENCE, SC. J.J. GREGORY & SON INC. v. THE RHODE ISLAND COMMISSION FOR HUMAN RIGHTS and BRENDA A. ZEIGLER

No. PC-2007-5514

STATE OF RHODE ISLAND

AND PROVIDENCE PLANTATIONS

FILED: March 10, 2011

DECISION

SAVAGE, J. In this administrative appeal, Appellant J.J. Gregory & Son Inc. seeks reversal of a decision of the Rhode Island Commission for Human Rights that found that the company had discriminated against Brenda A. Zeigler on the basis of her gender. For the reasons set forth in this Decision, this Court rejects that appeal and affirms the Decision of the Commission.

IFactual Background

On February 18, 2004, Zeigler filed a charge of discrimination with the Commission claiming to have been "subjected to discriminatory terms and conditions of employment by my former employer...." (Resp. Ex. A.) Further, Zeigler asserted that John J. Gregory, Jr., President of J.J. Gregory & Son Inc. ("J.J. Gregory"), "took no action to correct the discriminatory and hostile environment in which [Zeigler] was forced to work" (Id.) Additionally, she claimed that she had been "discriminated against on the basis of [her] sex (female) in that [her] employer allowed [her] manager to subject [her] to disparate treatment based solely on [her] sex." (Id.) Zeigler also asserted that she was terminated in retaliation for opposing unlawful employment practices. (Id.)

On November 8, 2005, the Commission mailed a Complaint and Notice of Hearing to the parties. The Preliminary Investigating Commissioner determined that probable cause existed to believe that J.J. Gregory had violated R.I. Gen. Laws 1956 § 28-5-7. The Complaint alleged that Zeigler's supervisor, Mark Darling, treated her differently than similarly situated male employees and that Zeigler was terminated in retaliation for opposing the disparate treatment. The Commission held hearings on May 30, 2006, June 16, 2006, July 17, 2006, and August 17, 2006 regarding this matter. The following is a summary of the material aspects of the witnesses' testimony at those hearings and the Commission's findings.

ABrenda Zeigler's Testimony

At the first hearing, Zeigler testified that she worked in the parts department of equipment stores for the past twenty-five years. (Tr. at 5, May 30, 2006.) According to her testimony, she had "built up a reputation. I have customers that actually follow me, you know, to [different] businesses just because of... how I serve them, and my customers always has [sic] been my number one priority. Without my customer [sic], I wouldn't have a job so I kind of take pride in what I do." (Id. at 9.) At J.J. Gregory, she was a "parts counterperson." (Id. at 8.) She answered telephone calls and waited on in-store customers. (Id.) Zeigler left her previous job because J.J. Gregory was "going to start me with thirteen dollars an hour, plus medical which I didn't have." (Id.)

Zeigler recalled that she began working at J.J. Gregory in 2001. (Id. at 6.) Regarding the hiring process, Zeigler testified that she had a meeting with Mark Darling one Saturday morning. That morning, she also spoke to Rick Brogan and J. Gregory("Gregory") in Brogan's office. (Id. at 8, 54.) Zeigler testified that Darling was the parts manager, Brogan was the store manager, and Gregory was one of the owners. (Id. at 8-9.) When she began working in the parts department, she joined Bob Stevenson, Fred Weigand, and Darling. (Id. at 10.) About a year after Zeigler began working there, Stevenson retired and was replaced by Rob Botham. (Id. at 14.) Doris Sears was the secretary for the parts department. (Id. at 13.)

Ms. Zeigler testified that she did not encounter any problems working for J.J. Gregory until approximately six months after she started there. (Id. at 16.) She explained:

I just wasn't treated equally. I was spoken to very harshly. I was always singled out from the gentlemen. You know, any time there was a problem, I was the first one to be confronted. No matter what I did wasn't right. The way I was spoken to was without respect. Just the way I was treated there overall by Mark Darling basically.

(Id.) She testified that Darling made her job difficult. (Id. at 18.) When she confronted Darling about this treatment, he said that he did not have a problem with her. (Id.) One month or two before Zeigler left J.J. Gregory, after nearly two and one-half years of employment there, she wore sneakers to work. Zeigler testified that Darling confronted her and spoke with her harshly. She described their exchange as follows:

[He said,] "What are you doing with sneakers on?" I said, "My feet hurt." He said, "You're not supposed to wear sneakers." I said, "I wasn't aware of that." I said, "My feet hurt today and the sneakers made them feel better." He said, "Well, you're not supposed to wear sneakers. You go get corrective shoes if you have to." And I was just stunned because there was a gentleman working at the counter that was there for 36 years that actually had sneakers on his feet that day. The other gentleman there, Rob Botham. Every day he worked there, he had sneakers on and they were white. Mark Darling has worn sneakersthere. Everyone wore sneakers there. The one day I did, I was confronted.

(Id. at 16-17.) When Zeigler informed Darling that others were wearing sneakers, he told her that "he wasn't aware that anyone else had sneakers on." (Id. at 60.) Zeigler testified that Darling had a meeting about employees wearing sneakers the following day. (Id. at 60-61.)

Zeigler testified about other treatment that she considered unfair. On one occasion, Darling waited until the end of the work day to give Zeigler a $100 bonus that he had dispensed to Weigand and Botham in the morning. (Id. at 19-20.) Zeigler also described disagreements she had with Darling regarding her lunch hour. When Zeigler would delay her lunch hour to assist a customer, Darling reminded her that her lunch hour started at noon. (Id. at 22.) Though Weigand and Botham had the same practice of delaying lunch to assist the clientele, Zeigler never saw Darling confront them about it. (Id at 22-23.)

On another occasion, Zeigler asked Darling for a pair of gloves that would protect her hands from hydraulic oil and grease on the hydraulic hoses that she repaired because the cloth gloves that she had been using did not protect her hands. (Id. at 23-25.) Zeigler testified that Darling directed her to the Service Department, but the rubber gloves provided by the Service Department only irritated her hands more. (Id. at 25.) Zeigler said that Darling then told her that she could purchase gloves if that was what she needed. (Id.) Zeigler testified that if Weigand and Botham "wanted gloves, they would just go and get a pair and mark it down on... a chart." (Id.) Zeigler also testified that Darling frequently chastised her in front of customers and that she felt that he was making a"fool" out of her. (Id. at 26.) Never did she see Darling confront Weigand, Stevenson, or Botham in front of customers. (Id. at 27-28.)

Zeigler described Darling's treatment of her as emotionally draining and said, after work, she would be a "mess the rest of the day." (Id. at 28.) When her grandson would visit, she would be unable to enjoy him. (Id.)

On August 6, 2003, Zeigler approached Gregory to tell him that she did not like the way she was being treated. (Id. at 35.) She testified, that she told him that she wanted "to be treated like the guys with respect." (Id.) Gregory said that he would look into it. (Id.) Prior to August 6, 2003, Zeigler did not approach Gregory or Brogan because it was her understanding, from talking with other employees, that the company policy was to talk to one's immediate supervisor if there was a problem. (Id. at 36-37.)

On August 7, 2003, Zeigler visited her physician, Dr. Carolyn Troise, who told Zeigler to take thirty days out of work, gave her medication, and advised her to see a therapist. (Id. at 34.)¹ Zeigler presented a doctor's note, signed by Dr. Troise, to Gregory, as well as Darling and Brogan, recommending that Zeigler stay out of work from August 7, 2003 to September 7, 2003. (Id. at 39; Complainant's Ex. 1.) Zeigler did not work at J.J. Gregory, therefore, after August 6, 2003. (Tr. at 30, May 30, 2006.) Zeigler testified that, after she left work, she began seeing psychological counselor PatMorena. (Id. at 42.) She visited Morena for two or three months, beginning in September 2003. (Id. at 43.)

J.J. Gregory sent Zeigler a termination letter dated August 28, 2003 that was signed by Brogan. (Id. at 46; Complainant's Ex. 2.) The letter provides, in part, "As a result of diminished demand, and certain economic conditions in the Parts Department, it became necessary to implement a complete restructuring and reorganization of the Department. Hence, staffing needs had to be downsized. Therefore, at this time your employment is hereby terminated effective this date." (Complainant's Ex. 2.) Further, it provides, "Thank you for your valued service." (Id.) On August 10, 2003, three days after Dr. Troise told Zeigler to take thirty days off and weeks before the company terminated Zeigler, her husband came across an advertisement placed by J.J. Gregory in The Providence Journal seeking to hire a parts clerk. (Tr. at 48, May 30, 2006; Complainant's Ex. 3.)

During her employment with J.J. Gregory, Zeigler had never received any reprimands. (Tr. at 33, May 30, 2006.) Darling had never told her that she was doing her job improperly. (Id.) No customers had filed any complaints about her. (Id. at 33-34.) From all appearances, Zeigler had been a valuable employee.

BKenneth Zeigler's Testimony

Brenda Zeigler's husband, Kenneth Zeigler, testified that he had been married to her for six years. (Id. at 82.) He stated that his wife constantly came home from work upset. He said, "One time she was so upset at home, she was sitting in her car crying." (Id. at 84). Kenneth Zeigler testified that she was very distressed, and she could not...