Russell v. Enterprise Rent-a-Car Co. of Ri

160 F.Supp.2d 239

Lynne M. RUSSELL, Plaintiff, v. ENTERPRISE RENT-A-CAR COMPANY OF RHODE ISLAND and Enterprise Rent-A-Car Company, Inc., Defendants.

No. CIV. A. 99-165-L.

United States District Court, D. Rhode Island.

September 11, 2001.

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Andrew H. Berg, Catherine A. Sammartino, Sammartino & Berg, Providence, RI, for Plaintiff.

Robert G. Sullivan, Adler Pollock & Sheehan, Providence, RI, Susan J. Baronoff, Murtha Cullina Roche Carens & DeGiacomo LLP, Boston, MA, for Defendants.

OPINION AND ORDER

LAGUEUX, District Judge.

Plaintiff Lynne M. Russell presents this Court with a multi-count complaint against defendants Enterprise Rent-A-Car Company of Rhode Island ("Enterprise RI") and its parent corporation, Enterprise Rent-A-Car Company, Inc. ("Enterprise National"). Plaintiff claims employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (1994), and the Rhode Island Fair Employment Practices Act ("FEPA"), R.I. Gen. Laws § 28-5-1 et seq. (2000). In Count I plaintiff makes a disparate treatment claim, i.e. that she was the subject of discrimination regarding her hire, tenure, compensation, and terms and conditions of employment because of her gender. In Count II, plaintiff makes a disparate impact claim, allegedly stemming from defendants' advancement, disciplinary, and promotional policies. In Count III she alleges sexual harassment and a hostile working environment. Counts IV VI set forth corresponding state law claims. In plaintiff's final two counts, she makes federal and state law claims for retaliatory discharge.

This matter is before the Court on defendant Enterprise National's motion to dismiss all claims for lack of personal jurisdiction pursuant to Rule 12(b)(2), and for failure to state a claim on which relief can be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure. In the alternative, Enterprise National moves for summary judgment under Rule 56(c). Defendant Enterprise RI moves for summary judgment under Rule 56(c) on all counts except Counts I and IV (the federal and state disparate treatment claims).

For the reasons that follow, the Court is persuaded by each of Enterprise National's arguments and grants judgment for that entity on all of plaintiff's claims. Enterprise RI's motion for summary judgment is granted on the disparate impact and sexual harassment claims. Enterprise RI's motion for summary judgment on plaintiff's retaliation claims is denied.

I. Background and Procedural History

In considering a motion for summary judgment, the Court must view the evidence in the light most favorable to the nonmoving party.¹ Viewing the evidence in that manner, the facts in this case are as follows:

Defendant Enterprise RI is a corporation with its principal place of business in Cranston, Rhode Island. The parent company, Enterprise National, has its principal place of business in St. Louis, Missouri. Enterprise National maintains a central corporate headquarters for Enterprise Rent-A-Car, the nation's largest car rental business. Enterprise RI is a whollyowned subsidiary of Enterprise National. Enterprise RI rents and leases cars to the public using branch offices located throughout Rhode Island.

Plaintiff is a Rhode Island citizen. In November 1992, Enterprise RI hired her as a management trainee in its Warwick, Rhode Island branch. Between 1992 and 1995, plaintiff was promoted to Assistant Manager, Branch Rental Manger, and finally to Area Rental Manager of the Southern Rhode Island region. Plaintiff's immediate supervisor was Matthew Darrah ("Darrah"), a Vice President at Enterprise RI. Darrah completed all employee performance evaluations and made or recommended all hiring, promotion, and firing decisions, including those made with respect to plaintiff. Plaintiff always received positive and encouraging evaluations, consistently ranked number one in monthly sales, and led the overall average in operating profit figures and customer service for her area. In her November 1995 evaluation, it was noted that all aspects of her performance met or exceeded the requirements and expectations of her position. Darrah conducted this evaluation and specifically commented on plaintiff's strong leadership abilities, good decision-making skills, and her ability to command trust and respect by example. Plaintiff was given a performance-based pay raise in February of 1996.

Four months later, without any notice or warning, plaintiff was offered three options: accept a substantial demotion to Branch Regional Manager, accept a demotion to a low-level administrative position, or accept termination with severance pay. The only reasons given to justify these options were that plaintiff "lacked presence" and a fellow employee had "beaten her" in establishing a new branch location in Bristol, Rhode Island. Plaintiff refused both demotions but accepted her severance package on June 13, 1996. A male employee, Michael Renzi, was immediately promoted to plaintiff's position.

During her employment at Enterprise RI, plaintiff was treated differently than other male employees. Enterprise National publicly advertises its preference for "athletes, fraternity types-especially fraternity presidents, social directors," and "ex-college frat house jocks." Darrah regularly organized and participated on all-male softball teams, golf tournaments, and poker games designed to boost group morale and provide opportunities to socialize with upper management. The women in the office were never invited. In addition, Darrah routinely gave male employees the benefit of advance notice and corrective counseling regarding their performance problems. A male manager, Brendan Kane, once commented that he had spent so much time in Darrah's office receiving constructive criticism that his "ass hurt." However, plaintiff was denied a similar opportunity to work with Darrah and take corrective action. The only time Darrah was unhappy with plaintiff's performance, he abruptly offered her one of the three options discussed above.

Plaintiff's working environment at Enterprise RI also included various offensive and inappropriate actions. During meetings with Darrah and other Area Rental Managers, the men joked about sleeping with each other's wives and referred to the female employees as "hotties," and commented on female employees' breast and body sizes. Offensive photographs were passed around at one particular meeting. In one photograph of two male Area Managers, one man was on all fours and the other appeared to be entering him from behind. In another photograph, one male manager was holding a dildo up to his genital area while the other man had his mouth open and tongue out. On another occasion, plaintiff overheard rumors about her sleeping with another co-worker. She also heard Darrah discussing a sexual "threesome" in which he was supposedly involved.

On or about January 27, 1997, plaintiff filed a charge of discrimination with the Rhode Island Commission for Human Rights (RICHR) and the Equal Employment Opportunity Commission (EEOC). Each agency issued plaintiff a notice of right to sue. Plaintiff filed her complaint with this Court on April 2, 1999. Thereafter, defendants filed these motions which were briefed and argued. The matter is now in order for decision.

II. Standards for Decision

Enterprise National moves to dismiss all claims for lack of personal jurisdiction and for failure to state a claim upon which relief can be granted. In ruling on a motion to dismiss, the court construes the complaint in the light most favorable to the plaintiff, taking all well-pleaded allegations as true and giving the plaintiff the benefit of all reasonable inferences. Figueroa v. Rivera, 147 F.3d 77, 80 (1st Cir.1998). Under Rule 12(b)(6), dismissal is only appropriate if "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957).

Enterprise National also moves, in the alternative, for summary judgment on all counts. Therefore, the Court will consider that motion under Rule 56(c) of the Federal Rules of Civil Procedure. Defendant Enterprise RI seeks summary judgment on Counts II, III, V, VI, and VII. Enterprise RI seeks summary judgment under Rule 56(c), but its motion is more properly considered under Rule 56(d) as a motion for partial summary judgment since it has not moved against Counts I and IV.

Partial summary judgment under Rule 56(d) is separate and distinct from a Rule 56(c) motion. Rule 56(d) provides the court with a tool to "narrow the factual issues for trial." Rivera-Flores v. Puerto Rico Tel. Co., 64 F.3d 742, 747 (1st Cir. 1995). The rule provides that when "judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court ... [may] ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted." Fed.R.Civ.P. 56(d). Based on this inquiry, the court may then devise an appropriate order "directing such further proceedings in the action as are just." Id.

The standard for ruling on a Rule 56(d) motion is identical to that used to decide a motion under Rule 56(c). URI Cogeneration Partners, L.P. v. Bd. of Governors for Higher Educ., 915 F.Supp. 1267, 1279 (D.R.I.1996) (citing Flanders + Medeiros Inc. v. Bogosian, 868 F.Supp. 412, 417 (D.R.I.1994), aff'd in part, rev'd in part, 65 F.3d 198 (1st Cir.1995)). Rule 56(c) of the Federal Rules of Civil Procedure sets forth the standard for ruling on a summary judgment motion:

The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together...