Sheri Minarsky v. Susquehanna County

Citation: 895 F.3d 303Docket: 17-2646

Court: Court of Appeals for the Third Circuit; July 3, 2018; Federal Appellate Court

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Sheri Minarsky appeals the decision of the District Court for the Middle District of Pennsylvania, which granted summary judgment to Susquehanna County and its former Director of Veterans Affairs, Thomas Yadlosky. Minarsky alleges that Yadlosky made repeated unwanted sexual advances toward her over several years, including attempts to kiss her, inappropriate embraces, and unsolicited physical contact. Despite being warned twice to cease his behavior, Yadlosky continued his harassment until his termination when the persistence of his conduct towards Minarsky was revealed. Minarsky seeks to hold Yadlosky liable for sexual harassment and Susquehanna County vicariously liable for his actions.

The case hinges on the Faragher-Ellerth affirmative defense raised by Susquehanna County, which claims it took reasonable care to prevent and address harassment and that Minarsky failed to utilize the County's anti-harassment policies effectively. The District Court ruled in favor of the County, asserting that both elements of the defense were satisfied as a matter of law. However, the appellate court concluded that there are factual disputes regarding both the County's actions to prevent harassment and Minarsky's response to the situation, warranting a jury's determination. Consequently, the appellate court vacated the District Court's judgment and remanded the case for further proceedings.

Yadlosky engaged in inappropriate and disturbing conduct towards Minarsky, including questioning her about her lunch hour activities, making personal calls on her days off under the guise of work inquiries, and sending sexually explicit messages to her work email. He displayed hostility when she did not respond to his calls and acted unpredictably, such as initially insisting she take time off to care for her daughter but later reprimanding her for doing so. Minarsky felt intimidated due to Yadlosky's knowledge of her daughter's illness, fearing his potential reactions if she protested.

Yadlosky was previously reprimanded by Sylvia Beamer, the Chief County Clerk, for inappropriate behavior towards other women on two occasions. In 2009, Beamer admonished him for embracing a female employee, and in late 2011 or early 2012, County Commissioner Maryann Warren witnessed him hugging and kissing the Director of Elections, leading to another verbal reprimand from Beamer, who warned of potential termination if behavior did not improve. Despite these reprimands, there was no documented follow-up in Yadlosky's personnel file. Minarsky was aware of the first reprimand but not the second. She recounted an incident witnessed by another employee, Connie Orangasick, where Yadlosky hugged her, dismissing prior warnings by claiming he could do whatever he wanted. Minarsky learned from other colleagues, including Rachel Carrico, that they also experienced similar inappropriate behavior from Yadlosky.

Minarsky read and signed Susquehanna County's General Harassment Policy on her first day, which prohibits harassment based on various protected classifications. Employees are encouraged to report harassment to their supervisors, or to the Chief County Clerk or a County Commissioner if the supervisor is the harasser. Despite experiencing harassment from Yadlosky over four years, Minarsky did not report the incidents, fearing retaliation due to Yadlosky’s warnings against trusting County officials and threats regarding her job security. 

In April 2013, Minarsky disclosed the harassment to her physician, who advised her to document the situation. Following a specific incident in July 2013 where Yadlosky reacted poorly to her request for time off, Minarsky sent him an email expressing her discomfort with his physical affection and requesting that he stop. Yadlosky's response indicated his surprise and concern for his reputation rather than addressing her discomfort. 

Minarsky later confided in co-worker Rachel Carrico, who mentioned the harassment to another employee, leading to a report to Beamer, the Chief County Clerk. Initially hesitant to pursue the matter for fear of job loss, Minarsky eventually cooperated with Beamer's investigation after learning it was already underway. Following interviews, Yadlosky was terminated after admitting to the allegations. The County subsequently hired a Human Resources Director to manage personnel issues. Minarsky resigned years later, citing discomfort due to increased workload and inquiries from her new supervisor about the previous harassment incident.

Minarsky filed multiple complaints against Susquehanna County and Yadlosky, alleging five causes of action, including gender discrimination and sexual harassment claims under Title VII and the Pennsylvania Human Relations Act (PHRA), as well as negligent hiring under state law. Against Yadlosky, the claims included gender discrimination (later withdrawn), intentional infliction of emotional distress (IIED), and assault. The District Court dismissed the IIED claim against Yadlosky but denied the County's motion for judgment on the pleadings. Following discovery, the County's motion for summary judgment was granted, based on a Magistrate Judge’s recommendations, while the assault claim against Yadlosky was dismissed due to lack of supplemental jurisdiction. On appeal, Minarsky argues that the District Court improperly applied the Faragher-Ellerth affirmative defense regarding the hostile work environment claim and erred in dismissing the assault claim. The District Court had jurisdiction under 28 U.S.C. §§ 1331 and 1367, and the appellate court reviews summary judgment grants or denials with plenary authority. To succeed on a hostile work environment claim, a plaintiff must demonstrate intentional discrimination based on sex, severity or pervasiveness of the discrimination, its detrimental effect on the plaintiff, its impact on a reasonable person, and the employer's vicarious liability. Susquehanna County only challenges the vicarious liability aspect.

The Faragher-Ellerth affirmative defense allows employers to avoid liability in workplace harassment cases if no tangible employment action has occurred. A tangible employment action includes hiring, firing, promotions, or significant changes in benefits. In this case, the County maintained an anti-harassment policy and took reasonable actions against an employee, Yadlosky, who had previously been reprimanded for inappropriate conduct and was fired upon further allegations. The Magistrate Judge found that the plaintiff, Minarsky, acted unreasonably by failing to report the harassment, particularly given her familiarity with the anti-harassment policy. The Judge dismissed her concerns about reporting as unfounded and noted that a prolonged failure to report when a reporting mechanism exists is generally unreasonable. The District Court upheld the Magistrate Judge’s findings, concluding that the County successfully established the Faragher-Ellerth defense, as it had taken appropriate steps in response to prior incidents and was unaware of Yadlosky's harassment until it was reported. The Court determined that no reasonable jury could find Minarsky's failure to utilize the available protections was justified.

The first element of the Faragher-Ellerth affirmative defense examines whether the County took reasonable steps to prevent and promptly address sexual harassment. The County had a written anti-harassment policy, which Minarsky reviewed on her first day, outlining procedures for reporting harassment. However, the District Court found the County’s policies adequate as a matter of law, a conclusion contested here. Despite reprimanding Yadlosky and ultimately terminating him, evidence suggests that the County's responses were insufficient. Minarsky’s deposition revealed a pattern of Yadlosky’s harassment towards multiple women, including inappropriate advances toward supervisors Beamer and Warren. Both Beamer and Warren were aware of Yadlosky's behavior but did not take significant action to discipline him. This raises questions about the effectiveness of the County's policy and whether it was appropriate for Minarsky to be left alone with Yadlosky, indicating a potential failure to protect her. The summary concludes that there is a substantial dispute of material fact regarding whether the County exercised reasonable care, warranting jury consideration.

The second element addresses Minarsky’s failure to report Yadlosky's behavior. While her silence may be seen as a failure to prevent further harm, it could also be interpreted as reasonable given the circumstances she faced. The Supreme Court's guidance emphasizes that the second element of Faragher-Ellerth relates to preventing harm rather than seeking redress, suggesting that a plaintiff should not be penalized for failing to avoid harm if the employer also had shortcomings. Although past judgments have viewed inaction after a significant duration as unreasonable, Minarsky's testimony provides context that could lead a jury to determine that her actions were not unreasonable in light of her experiences.

The appeal arises amid widespread allegations of sexual misconduct, highlighting the exploitation of power by individuals in authority who made unwanted advances. Victims often did not report these incidents due to fear of severe repercussions, including adverse employment consequences, leading to a reasonable rationale for their silence. Although the legal framework established by Faragher-Ellerth typically places the burden on employees to report harassment, the court acknowledges that non-reporting may be justifiable. A jury could find that a victim's belief in potential retaliation is both genuinely held and objectively reasonable, warranting a jury's assessment rather than dismissal by the court.

Minarsky, the plaintiff, presents several reasons for not reporting Yadlosky’s harassment, including fear of his hostility, potential job loss, and perceived futility due to the ongoing nature of the misconduct despite others' awareness. Her financial struggles related to her daughter's cancer treatment further complicated her situation. The dynamics of Minarsky's relationship with Yadlosky, characterized by isolated working conditions and his ongoing control over her work environment, contribute to her fears. The appellees contend that the power imbalance is typical in such cases; however, the court emphasizes that the specific degree of control is significant in understanding the plaintiff's fears and the context of her decision not to report. Minarsky’s attempts to assert herself were met with negative responses from Yadlosky, which exacerbated her reluctance to disclose his misconduct.

Minarsky described a hostile work environment where her supervisor, Yadlosky, exhibited unpredictable and ill-tempered behavior, particularly when she requested personal days or ignored his calls. She felt compelled to monitor her behavior and speech to avoid worsening her situation, believing that any dissent would lead to harsher treatment. Minarsky expressed a fear of retaliation that stemmed from her need to keep her job to pay for her daughter's medical expenses, which inhibited her ability to protest Yadlosky's unwanted advances, such as his attempts to kiss her. Although she attempted to assert herself, she felt she could not speak up against him.

The document distinguishes Minarsky's situation from cases where employees have only a generalized fear of retaliation, asserting that her fears were specific and supported by evidence. Courts have recognized that substantiated fears of retaliation can justify delays in reporting harassment, and in this case, Minarsky's concerns were compounded by Yadlosky's discouragement of reporting to higher authorities, whom he claimed she could not trust. His warnings about potential job loss amplified her fear, making it difficult for her to consider using the anti-harassment policy.

The District Court's dismissal of Minarsky's fears as unfounded was contested, as Yadlosky's status as her harasser did not negate the credibility of his warnings about authority figures. Minarsky's understanding that the County had previously overlooked Yadlosky's behavior further contributed to her belief that reporting would be futile. A jury could conclude that her fear of retaliation was reasonable and that she acted within her rights given the circumstances.

In Harvill v. Westward Commc’ns, LLC, the court noted that an employee experiencing harassment is not required to report it if they reasonably believe that doing so would be futile. The case highlights Minarsky's prolonged experience of harassment over three-and-a-half years, during which she faced unwanted physical contact and explicit communications from her boss, Yadlosky. Minarsky's reluctance to report the harassment stemmed from fears of worsening her situation and potential repercussions for her family’s financial stability. She only disclosed the harassment to her husband years later and acted on her doctor's advice to confront Yadlosky about the inappropriate treatment. The court emphasized that a jury could reasonably consider the severity and duration of Minarsky's harassment when evaluating her actions. Minarsky’s decision to refrain from using the County’s anti-harassment policy was her attempt to communicate to Yadlosky that she would resort to the policy if his behavior did not change. The court concluded that the question of whether Minarsky's actions were reasonable should be left for a jury to decide, thus vacating the District Court’s summary judgment in favor of the County and remanding for further proceedings. Additionally, since the hostile work environment claim under Title VII was reinstated, the District Court could now exercise supplemental jurisdiction over Minarsky's state-law assault claim against Yadlosky. The judgment of the District Court was vacated and the case remanded for further action consistent with the court's opinion.