Burton v. Pennsylvania State Police
990 F. Supp. 2d 478
M.D. Penn.2014Background
- Plaintiff Maurice Burton, African-American PSP Trooper, supervised subordinates in the Programming Division.
- Burton socially interacted with Pamela Yandrich, a white coworker, at PSP headquarters, triggering workplace concerns.
- Initial informal admonitions to reduce time together were only temporarily effective; conduct persisted.
- Lt. Harrison stated a racially charged remark: any time a black man talks to a white woman, there’s an issue.
- In May 2008 Burton’s Sergeant promotion panel included Lt. Margeson; Burton’s scores were mediocre and he did not receive the promotion.
- After complaints about assignments and treatment, Burton faced IAD investigations (2009-0190) into Stein’s conduct and his own conduct; Stein denied allegations, while Yandrich corroborated some assertions.
- Major Stein and Lt. Harrison left PSP in 2009–2010; Burton retired July 8, 2011, five years early, with pension reduction.
- A December 2010 five-day suspension (later reduced to two days) followed investigations that Burton alleges were retaliatory.
- Burton asserted Title VII, PHRA, and 42 U.S.C. § 1983 claims; Defendants moved for summary judgment arguing lack of cognizable adverse actions and exhaustion of remedies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of administrative remedies | Burton argues his later claims arise from the pendency of EEOC charges. | PSP argues additional claims were not within the scope of the EEOC charge. | Exhaustion satisfied; claims within scope and pendency. |
| Discrimination under Title VII/PHRA | Burton claims race-based discrimination in supervision, discipline, and promotion. | Defendant argues no prima facie case and legitimate nondiscriminatory reasons supported actions. | No prima facie case; actions were based on workplace conduct and were not pretextual. |
| Retaliation under Title VII/PHRA (Counts III–VI) | Burton asserts retaliation for filings and complaints. | Defendant contends no but-for causation and actions not materially adverse. | No prima facie case; investigations and actions not shown to be but-for retaliation. |
| Constructive discharge claim | Burton contends intolerable conditions forced retirement. | No causal link and absence of intolerable conditions. | Constructive discharge not established; retirement not causally tied to discrimination/retaliation. |
| Section 1983 freedom of association claim against Lt. Winterbottom | Plaintiff claims retaliation for association with Yandrich. | Association with coworker not protected; conduct not actionable. | Summary judgment for Winterbottom; no protected association injury. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Sup. Ct. 1973) (framework for circumstantial discrimination claims)
- Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (Sup. Ct. 1998) (adverse action framework; tangible/employment change)
- Waiters v. Parsons, 729 F.2d 233 (3d Cir. 1984) (scope of EEOC charges; nexus to later claims)
- Antol v. Perry, 82 F.3d 1291 (3d Cir. 1996) (scope of EEOC investigation covers related acts)
- Anjelino v. N.Y. Times Co., 200 F.3d 73 (3d Cir. 1999) (interpretation of EEOC charge scope; pendency)
- Sarullo v. United States Postal Serv., 352 F.3d 789 (3d Cir. 2003) (flexible approach to prima facie framework)
- Fuentes v. Perskie, 32 F.3d 759 (3d Cir. 1994) (pretext standard for proving discrimination)
- Weston v. Pennsylvania, 251 F.3d 420 (3d Cir. 2001) (reprimands not necessarily adverse actions)
- Goosby v. Johnson & Johnson Med., Inc., 228 F.3d 313 (3d Cir. 2000) (evidence of similarly situated staff and discrimination)
