History
  • No items yet
midpage
Burton v. Pennsylvania State Police
990 F. Supp. 2d 478
M.D. Penn.
2014
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: Burton v. Pennsylvania State Police
Court Name: District Court, M.D. Pennsylvania
Date Published: Jan 2, 2014
Citation: 990 F. Supp. 2d 478
Docket Number: Case No. 1:11-CV-1968
Court Abbreviation: M.D. Penn.