H. Brandy v. UCBR
2425 C.D. 2015
| Pa. Commw. Ct. | Nov 22, 2016Background
- Claimant Holly Brandy worked as a receptionist (July 2011–June 2015); after reporting sexual harassment by two managers she was placed on paid leave while Employer investigated. The two managers were discharged and Brandy returned to work May 26, 2015.
- After return, several coworkers allegedly shunned and ostracized Brandy; she testified the change caused anxiety and required medication.
- On June 18, 2015 Brandy resigned, stating she was forced to quit because of a hostile work environment and alleged retaliatory treatment following her harassment complaint; she did not request a transfer or further meetings after June 3, 2015.
- The UC Service Center denied benefits; a referee and the Unemployment Compensation Board of Review (Board) affirmed, concluding Brandy voluntarily quit without necessitous and compelling cause and that she failed to make reasonable efforts to preserve employment.
- The Commonwealth Court affirmed: it found the workplace ostracism unpleasant but not intolerable, that Brandy did not credibly show medical necessity, and that she failed to sufficiently attempt to preserve employment or show futility in doing so.
Issues
| Issue | Brandy's Argument | Employer's Argument | Held |
|---|---|---|---|
| Whether resignation was for necessitous and compelling cause (hostile work environment/retaliation) | Ostracism and retaliatory conduct after reporting sexual harassment made workplace intolerable and compelled resignation | Conduct was unpleasant but constituted normal workplace strains, not intolerable; precipitating incident (alleged reprimand) did not justify quit | Court: No necessitous and compelling cause; ostracism was not tantamount to intolerable conditions |
| Whether Brandy made reasonable efforts to preserve employment before quitting | She reported harassment and post-return hostility to HR and supervisor multiple times; further attempts would have been futile given employer inaction | Brandy did not report the final incident or otherwise attempt to preserve employment after June 3; employer requested she report specific incidents | Court: Brandy failed to show reasonable efforts or futility; last communication was June 3 and she didn’t report the June 17/18 incident |
| Whether medical reasons justified the quit | Anxiety and medication allegedly caused by workplace hostility made continued work medically untenable | Medical claims were not credibly established with competent evidence and accommodation was not sought | Court: Brandy did not credibly establish a medical necessity meeting required criteria |
| Whether prior sexual harassment and employer’s response converted the situation into necessitous and compelling cause | Employer substantiated the harassment and discharged harassers; subsequent retaliation made continued employment untenable | Even if harassment occurred earlier, the record does not show the initial harassment was the precipitating cause for the quit | Court: Rejected argument that initial harassment alone justified quit; focus on post-return conditions and Brandy’s failure to preserve employment |
Key Cases Cited
- Bell v. Unemployment Comp. Bd. of Review, 921 A.2d 23 (Pa. Cmwlth.) (claimant bears burden to prove separation involuntary)
- Lee v. Unemployment Comp. Bd. of Review, 33 A.3d 717 (Pa. Cmwlth.) (definition of voluntary quit)
- Brunswick Hotel & Conf. Ctr., LLC v. Unemployment Comp. Bd. of Review, 906 A.2d 657 (Pa. Cmwlth.) (elements for necessitous and compelling cause)
- Ann Kearney Astolfi DMD PC v. Unemployment Comp. Bd. of Review, 995 A.2d 1286 (Pa. Cmwlth.) (normal workplace strains insufficient; conditions must be intolerable)
- Comitalo v. Unemployment Comp. Bd. of Review, 737 A.2d 342 (Pa. Cmwlth.) (employer bears responsibility to eliminate harassment; futility of further complaints may justify quit)
- Hussey Copper, Ltd. v. Unemployment Comp. Bd. of Review, 718 A.2d 894 (Pa. Cmwlth.) (precipitating event focus for voluntary quit analysis)
- Lee Hosp. v. Unemployment Comp. Bd. of Review, 637 A.2d 695 (Pa. Cmwlth.) (medical evidence standards for quitting for health reasons)
- Collier Stone Co. v. Unemployment Comp. Bd. of Review, 876 A.2d 481 (Pa. Cmwlth.) (certain conduct need not be tolerated; employer responsibility to stop harassment)
- Mercy Hosp. of Pittsburgh v. Unemployment Comp. Bd. of Review, 654 A.2d 264 (Pa. Cmwlth.) (when employer cannot alleviate harassment after notice, quit may be justified)