Renna v. PPL Elec. Utilities, Inc.

207 A.3d 355

Rohn RENNA, Appellant

v.PPL ELECTRIC UTILITIES, INC., Appellee

No. 2040 EDA 2018

Superior Court of Pennsylvania.

Submitted December 10, 2018

Filed March 29, 2019

Donald P. Russo, Easton, for appellant.

Andrea M. Kirshenbaum, Philadelphia, for appellee.

BEFORE: OTT, J., DUBOW, J. and STRASSBURGER, J.^*

OPINION BY STRASSBURGER, J.:

Rohn Renna appeals from the June 12, 2018 order entering judgment in favor of PPL Electric Utilities, Inc. (PPL). Specifically, Renna challenges the grant of PPL's motion for summary judgment on his age harassment and retaliation claims pursuant to the Pennsylvania Human Relations Act (PHRA), 43 P.S. §§ 951 - 963. We affirm the grant of summary judgment on Renna's age harassment claim, reverse the grant of summary judgment on Renna's retaliation claim, and remand for proceedings consistent with this opinion.

We begin with a summary of the relevant facts in the record. Renna began employment with PPL on June 10, 2013. At the time Renna's employment with PPL ended in 2015, he was 61 years old. PPL has a collective bargaining agreement (CBA) with the International Brotherhood of Electrical Workers Local 1600 (the Union). Pursuant to the CBA, Renna had to undergo a six-month probationary period, after which he would become a member of the Union beginning on December 10, 2013. Throughout his employment, PPL employed Renna as a facilities management worker, and Renna worked the second shift cleaning PPL's facilities along with his coworkers Nicholas Varec, Harry Von Oehsen, Al Rice, and Troy Bundy.¹

Renna's Relationship with Varec and Von Oehsen

According to Renna, he initially got along with Varec and Von Oehsen, but the relationship soured around October 2013. Renna Deposition at 49, 52-53. Renna testified that Von Oehsen told him Renna was doing too much work and taking overtime away from Varec and Von Oehsen. Id. at 53-54. Renna believed this was the first incident that caused relations to deteriorate. Id. at 53.

In his deposition, Renna testified that his direct supervisor, Joseph O'Rourke,² told him that Varec and Von Oehsen resented Renna because they were afraid he would surpass them in the line of job progression. Renna Deposition at 54-57. In Renna's view, PPL management recognized Renna's "years and years of experience" and "good work ethics [sic ]" and gave Renna preferable tasks like operating the plow truck while Varec and Von Oehsen shoveled snow. Id. Because of this, Varec and Von Oehsen "saw [Renna] as a threat, and [Renna] really believe[d] that that's what started everything." Id. at 54.

Renna's November 2013 Complaint Regarding Varec

On or around November 26, 2013, Renna complained to O'Rourke that Varec was sabotaging his work. Id. at 60-67. Specifically, Renna complained that Varec frequently harassed him by throwing M & M candies on the floor after Renna had cleaned, placing trash and empty boxes on Renna's cart, and wrapping the cord to Renna's vacuum cleaner around furniture. Id. Renna acknowledged to O'Rourke that he had never personally witnessed Varec doing these things, but nevertheless strongly believed that it was Varec.³ Renna Deposition at 60-67. Renna does not recall whether he mentioned anything regarding his age to O'Rourke, and the complaint form completed by O'Rourke does not reference anything regarding Varec's conduct being motivated by age.⁴ Renna Deposition at 65, 69; MSJ, Exhibit 11 (Confidential Complaint Form, 11/26/2013). In fact, Renna acknowledged that "[a]t that time, what [he] was being harassed about had nothing to do with [age]" and "[t]hey were just trying to get [him] fired" before the end of his probationary period because "[he] made them look bad." Renna Deposition at 65.

Renna contends he made other complaints to O'Rourke, including his belief that Varec was tampering with his work station, throwing papers on the floor in his work area, and spilling coffee in the areas Renna had cleaned. Id. at 71-72. Renna did not recall when he specifically complained, but claimed he texted O'Rourke almost every day with a complaint. He stated, "I complained in texts almost on a daily basis. That's how bad the harassment was. So I don't remember the days and when and how. I talked to him on a daily basis with problems with these people."⁵ Id. at 68.

PPL's Response to Renna's November 2013 Complaint

Following Renna's late-November complaint to O'Rourke, O'Rourke informed Frank Grabowski, the vice president of the Union, that his "union brothers" were not getting along. O'Rourke Deposition at 43. On December 19, 2013, O'Rourke and Grabowski met with another Union member, Renna, Renna's co-worker Bundy, and the alleged perpetrators Varec and Von Oehsen. Renna Deposition at 67, 71. Renna recalled that Grabowski told the employees they had to get along. Id. at 71.

The following day, Renna told O'Rourke someone had thrown trash in Renna's cart, and Renna suspected Varec did it. O'Rourke Deposition at 47; Renna Deposition at 68; MSJ at Exhibit 10 (Handwritten Notes of O'Rourke).

On December 23, 2013, O'Rourke emailed Harry Scouras, a representative in PPL's human resources (HR) department, telling him that he had to send Renna home on December 20, 2013, because Renna was "very distraught" regarding Varec. MSJ at Exhibit 12 (12/23/2013 Email). O'Rourke wrote that "Varec has been harassing [Renna] and doing things to his supplies [ ] ever since we had our meeting with [the Union]," "[he] was concerned for [Renna's] work environment," and he needed to know how to handle the situation. Id. On December 24, 2013, O'Rourke wrote in his notes that "[Renna] grows increasingly fed up with [Varec and Von Oehsen] not pulling their end of things. He states he feels like he is in a hostile work force!" Handwritten Notes of O'Rourke; O'Rourke Deposition at 49-50. On December 25, 2013, O'Rourke wrote in his notes that Renna called him to tell him that he had "words" with Varec, and Renna wanted "HR involvement" and "harassment filed on" Varec and Von Oehsen, but O'Rourke's opinion was that there was "no solid proof." Handwritten Notes of O'Rourke.

Nevertheless, at some point in response to Renna's escalating complaints, O'Rourke re-assigned Varec, Von Oehsen, and Bundy to different floors to separate them from Renna. O'Rourke Deposition at 15-16. Furthermore, two HR representatives, Scouras and Sara Sorenson, conducted an investigation of Renna's complaints in early February 2014. See MSJ at Exhibit 14 (Notes from HR interview of Renna), Exhibit 15 (Notes from HR Interview of O'Rourke, Varec, Von Oehsen, Bundy, and Rice), and Exhibit 16 (Summary of HR Investigation).

During Renna's interview, he told Scouras and Sorensen about several "pranks" he attributed to Varec and Renna's belief that Renna made Varec look bad. Renna Deposition at 104-05; Notes from HR Interview of Renna (stating that "[Renna] feels that he was making [Varec] look bad because [Renna] was doing a good job and [Varec wasn't. Renna] is the new guy and seems like he's the butt of things. [Renna said] ‘I can take some type of harassment but not this repeated harassment.’ ").

During their interviews, O'Rourke, Bundy, and Rice told HR that they had not personally witnessed Varec performing the acts that Renna was alleging, although O'Rourke and Bundy believed it was Varec because he had performed a similar act against Von Oehsen by throwing away his cleaning supplies. MSJ at Exhibit 16 (HR Report from Investigation of Renna's 11/2013 Complaint). They sensed Varec did not like Renna because of Renna's strong work ethic. Id. During his interview, Varec denied performing the acts. Id.

During Bundy's interview, Scouras and Sorensen learned that in December 2013, Varec had made a statement about Renna to Bundy. Specifically, Bundy reported that Varec told him he was "going to start working on [Renna]" and that he would "send someone to [Renna's] house." MSJ at Exhibit 7 (N.T., 9/13/2017 (Scouras Deposition), at 29); Notes from HR Interview of Bundy. Sometime after the HR interviews, Bundy told Renna about Varec's statement. Renna Deposition at 87-89. Renna interpreted the statement as a death threat.⁶ Id. at 217.

At the conclusion of the HR investigation, PPL determined Varec made comments to Bundy, including "I am going to start working on [Renna]," "I'm going to send someone to [Renna's] house," "[Bundy] and [Renna] make a cute couple," and "[Bundy] forgot his tail (referring to [Renna]," and such comments created "a hostile working environment ... in violation of the PPL Standards of Integrity...." HR Report from Investigation of Renna's 11/2013 Complaint. Accordingly, on March 18, 2014, O'Rourke issued Varec a written warning pursuant to PPL's Responsible Behavior Program. MSJ at Exhibit 17 (Written Warning to Varec). The warning indicated that his behavior would be monitored for 12 months and any additional problems could result in further discipline, up to and including termination of employment. Id. Ultimately, Varec resigned from employment at PPL on April 24, 2014. MSJ at Exhibit 18 (Varec Resignation Letter).

Renna's Transfer Requests

In February and March 2014, Renna repeatedly requested a transfer to PPL's facility at the Martin Creek Plant or the Pocono Service Center. Renna Deposition at 91-92, 235-46; MSJ at Exhibits 19 (3/13/2014 Email Chain), 20 (3/24/2014 Email Chain). In one of his emails requesting a transfer, Renna told Scouras in HR that he did not feel safe in the work environment, he believed he was the target of harassment by Varec and Miguel Aponte,⁷ and that he "should not be forced to work in such a hostile environment." 3/13/2014 Email Chain. Scouras told him he has been meeting with management to discuss Renna's "situation" and asked him to "hang in there a little bit longer." Id. Scouras requested that Grabowski, the vice president of the Union, inform Renna where the CBA would permit Renna to transfer. Scouras Deposition at 24-25. Grabowski told Renna that he could not transfer to the...