J. Ream v. PA DPW
872 C.D. 2018
Pa. Commw. Ct.May 3, 2019Background
- Jennifer Ream worked as a residential services aide at Selinsgrove Center from 2005–2014 and generally received satisfactory/commendable evaluations.
- In June 2014 a resident wandered off while Ream was assigned to assist multiple residents; Ream believed another staffer was monitoring the resident.
- Ream resigned on July 10, 2014, stating she quit out of fear she would be terminated; the Department later issued a notice of no-discipline for the incident.
- Ream filed a PHRA complaint alleging hostile work environment, disability-based constructive discharge, retaliatory hostile work environment, and constructive discharge due to retaliation for prior EEOC complaints; she abandoned one count at post-trial.
- After a two-day non-jury trial the trial court entered judgment for the Department; Ream appealed only the verdict on Count IV (constructive discharge due to retaliation).
- The trial court found no evidence the employer threatened discharge, changed responsibilities, demoted, or knowingly retaliated in response to Ream’s confidential EEOC complaints; it credited testimony that coworkers and supervisors did not know of the complaints.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ream proved constructive discharge based on retaliation for protected EEOC activity | Ream argued the timing and totality of events showed retaliatory conduct that forced her to resign | Department argued there was no threat, demotion, altered duties, or knowledge of EEOC complaints by those allegedly responsible | Court held Ream failed to prove constructive discharge due to retaliation (Count IV dismissed) |
| Whether trial court erred by discrediting Ream and reweighing evidence on appeal | Ream contended the court improperly rejected her evidence and credibility | Department asserted the trial court properly weighed credibility and its factual findings are supported by the record | Court upheld trial court findings; appellate review defers to trial judge in non-jury cases |
| Whether confidentiality/lack of notice of EEOC complaints defeats causation for retaliation | Ream argued coworkers’ hostile acts followed her filings | Department argued EEOC complaints were confidential and not known to alleged actors, so no causal link | Court found no actual knowledge by alleged retaliators and thus no causation |
| Whether Ream’s voluntary resignation constitutes a voluntary quit absent coercive employer action | Ream argued resigning from fear of termination amounted to constructive discharge | Department argued her resignation was voluntary and she had satisfactory evaluations and no adverse employment actions | Court treated her resignation as voluntary and insufficient to establish constructive discharge |
Key Cases Cited
- Piston v. Hughes, 62 A.3d 440 (Pa. Super. 2013) (standard of appellate review in non-jury cases)
- Kegerise v. Delgrande, 183 A.3d 997 (Pa. 2018) (definition and standard for constructive discharge)
- Green v. Brennan, 136 S. Ct. 1769 (U.S. 2016) (constructive discharge requires proof a reasonable person would feel compelled to resign)
- Clowes v. Allegheny Hosp., 991 F.2d 1159 (3d Cir. 1993) (examples of employer actions supporting constructive discharge claims)
- Duffy v. Paper Magic Group, Inc., 265 F.3d 163 (3d Cir. 2001) (constructive discharge requires more than ordinary workplace stress)
- Charles v. Unemployment Comp. Bd. of Review, 552 A.2d 727 (Pa. Cmwlth. 1989) (resignation to avoid possible firing is a voluntary quit)
- Walker v. Prudential Prop. & Cas. Ins. Co., 286 F.3d 1270 (11th Cir. 2002) (actual knowledge and intent required to establish retaliation causation)