Citations
- 210 F. Supp. 3d 658
Full opinion text
MEMORANDUM
Stengel, District Judge.
I. INTRODUCTION
The plaintiffs, Mary LaRochelle, Sandra Riker, Emilia Shearer, Candice Galbreath, and Nicole Vasquez brought this employment discrimination action against Lancashire Hall, Wilmac Corporation, Wilmac Health Care, Inc., and McWil Group Limited (collectively “Defendants”). The plaintiffs were formerly employed at Lancashire Hall, a nursing home, as Certified Nurse Assistants (“CNA”). The plaintiffs bring claims under Section 1981 of the Civil Rights Act of 1866 (“Section 1981”), Title VII of the Civil Rights Act (“Title VII”), the Americans with Disabilities Act (“ADA”), and the Pennsylvania Human Relations Act (“PHRA”). Plaintiffs also bring claims for wrongful discharge under Pennsylvania state law. Defendants filed four motions for summary judgment regarding the claims of plaintiffs LaRochelle, Riker, Shearer, and Vasquez. For the reasons that follow, I will deny summary judgment with respect to LaRochelle’s Title VII retaliation claim, Vasquez’s Title VII retaliation claim, and Shearer’s ADA retaliation claim. Defendants’ motion as to all other claims is granted.
II. BACKGROUND
Although the plaintiffs shared the same employer, their allegations of discrimination are factually unique. Therefore, the facts underlying the claims of each plaintiff are set forth, individually, below.
A. Mary LaRochelle
Plaintiff Mary LaRochelle (“LaRoc-helle”) is a forty-seven year old African American female. Doc. No. 29 ¶ 28. LaR-ochelle was hired by Lancashire Hall as a CNA beginning on June 15, 2010. Doc. No. 64-2 ¶ 1. Lancashire Hall is a nursing facility in Lititz, located in Lancaster County, Pennsylvania. Doc. No. 29 ¶ 47. Both parties agree that LaRochelle was hired on a PRN (as needed) basis. Doc. No. 84-2 ¶2. According to LaRochelle, she worked 11:00 p.m. to 6:00 a.m. Sunday through Thursday and 11:00 p.m. to 7:30 a.m. on Friday and Saturday nights. Id. ¶ 4. On September 1, 2010, Lancashire Hall decided that full time, part time, and PRN staff would only be permitted to work full shifts. Doc. No. 64-2 ¶ 4.
Soon after she was hired, LaRochelle claims a co-worker, Teddy Bernard, began to harass her. Doc. No. 84-2 ¶ 27. Bernard was hired on June 29, 2010, shortly after LaRochelle was hired. Id According to LaRoehelle, Bernard came up from behind her and wrapped his arms around her while pressing his body against her and touching her breasts. Id. LaRoehelle also states Bernard said “let’s hook up” to her. Id. Bernard purportedly grabbed LaRoc-helle’s hips and made sexual comments. Id. LaRoehelle alleges she complained about Bernard’s behavior to Human Resources Director Tonya Garcia, Administrator Michael Stuck, and Corporate Vice President of Human Resources Tom Shugars. Id. Following her complaints about Bernard’s behavior, Bernard’s advances apparently intensified and he threatened her saying, “Since I have your attention it would be in your best interest to do what I want.” Id. LaRoehelle says she asked Elizabeth Wo-land to reassign her to a different wing, but Woland told her that because she was PRN she had to work where she was assigned. Id.
In September 2010, LaRoehelle was working on the Rehab Wing under the direction of Charge Nurse Baron Geib. Id. In front of Geib, Bernard allegedly slapped LaRoehelle on the “behind” and said to “give me some of that ass.” Id. LaRoehelle told Bernard to remove his hands and Geib laughed and said, “Teddy keep your hands off our House Nigger.” Id LaRoehelle went to Night Supervisor, Donna Astree, to tell her that she would like to call the police and file a report for assault, but Astree told LaRoehelle that she “was not allowed to call the police because the matter had to be handled in-house.” Id. LaR-ochelle gave a written complaint to Astree who assured that the complaint would go to Human Resources. Id. LaRoehelle then reported the incident to Garcia who told LaRoehelle that she had to follow the “chain of command.” Id. On September 22, 2010, LaRoehelle spoke with Stuck at 3:15 p.m. about Bernard’s behavior toward herself and other female employees, and about Geib’s alleged racial harassment. Id. Following investigation and suspension, Bernard was fired by Defendants on July 6, 2011. Doc. No. 64-2 ¶ 28.
According to LaRoehelle, Geib told her that he was going to request that LaRoc-helle work on his wing because she did not talk “ ‘ghetto’ like every other Nigger there.” Doc. No. 84-2 ¶ 38. Geib said to LaRoehelle that she was “going to be Rehab’s House Nigger.” Id. LaRoehelle told Geib that she was highly offended and went to Supervisor Harold Go’s office to report Geib’s statements. Id. LaRoehelle claims Go told her that Geib was “just joking and that Plaintiff shouldn’t take it so seriously.” Id. LaRoehelle told Go that she was not happy with that and Go said to her that he would speak with Geib. Id.
According to the Defendants’ employee handbook, an employee who is “absent from work for two (2) unexcused days without giving proper notice to the facility will be considered as giving their voluntary resignations (abandonment of job).” Doc. No. 64-2 at ¶ 9 (citing Ex. E, Wilmac Family Handbook). Defendants’ schedule reflects that LaRoehelle was scheduled to work shifts on October 1, 2010 and October 2, 2010. Id. at Ex. D. The Defendants state that LaRoehelle did not call or show for her October 1 and 2, 2010 shifts and therefore LaRoehelle was terminated from her employment. Doc. No. 64-2 at ¶ 9. LaRoehelle disputes her termination, stating that she was terminated on the morning of October 1, 2010, before her 11:00 p.m. shift began. Doc. No. 84-2 at ¶ 7. LaRoehelle states that prior to her termination, she went to Director of Nursing Elizabeth Woland with a written statement of the discrimination and harassment mentioned above. Id. LaRoehelle maintains that Woland tore up LaRochelle’s statement and threw it in the trash. Id. After LaRoehelle left Woland’s office, Woland telephoned LaRoehelle to tell her that her “services were no longer needed” and that she was terminated from employment. Id.
B. Sandra Riker
Sandra Riker is a white female born in 1964. Doc. No. 29 ¶ 46. On May 19, 2009, Riker was hired as a CNA at Lancashire Hall. Id. at ¶ 47. In February 2009, Riker reported a work injury to her thumb as a result of a combative patient. Doc. No. 85-4 ¶ 3. The injury did not result in time lost from work or light duty and Riker did not collect workers’ compensation for that injury. Id. Around two years later, on June 23, 2011, Riker left a note under the door of the Human Resources Director, Tonya Garcia, reporting co-worker Teddy Bernard for sexual harassment and patient abuse. Doc. No. 66-2 ¶4. Riker’s June 23rd note states that “Teddy Bernard came up behind me, hugging me (from behind) & saying ‘You know you still my girl.’ Because this behavior has largely been ignored by licensed staff I fear retaliation for my concerns.” Def.’s MSJ Ex. E. In response to Riker’s note, on June 27, 2011, Garcia contacted Riker. Def.’s MSJ Ex. F. Riker explained the incident with Bernard to Garcia and advised Garcia that she did not want Garcia to look into the incident further, but rather she just wanted the nurses to know what to do if someone reports an incident to them. Id. Riker also stated that she felt comfortable working on the floor with Bernard, but that she was going to talk to Bernard herself to let him know she felt uncomfortable with the situation. Id. Riker revealed that many other employees felt uncomfortable working with Mr. Bernard, but she would not give the names of those employees to Garcia. Id. A few days after her conversation with Riker, Garcia launched an investigation of Bernard which spanned from June 30, 2011 through July 1, 2011. Doc. No. 66-2 ¶ 10. Garcia took statements from several of the employees working with Bernard. Id. ¶ 11. Bernard was suspended following the investigation. Id. ¶ 14. On July 6, 2011, Bernard was terminated. Id. ¶ 16.
Riker contends that the June 23, 2011 letter to Garcia was not the first time that she had reported Bernard. Doc. No. 85-4 ¶4. The first time that Riker says she brought up concerns regarding Bernard’s behavior was around June 2010. Id. Riker told RN Supervisor Donna Astree that Bernard would “yell and scream at Plaintiff Riker so loudly that the incident caused Plaintiff Riker panic attacks and ‘horrific memories of her ex-husband.’ ” Id. On September 26, 2010, Riker reported to Garcia and Administrator Michael Stuck that Bernard had sexually harassed another co-worker, Joanne Leon-Jeremiah, after Leon-Jeremiah had told him to “stop touching her and stay out of her personal space.” Id. Additionally, Riker reported that Bernard had brought in alcohol for a resident patient and had conspired with that resident to accuse Leon-Jeremiah of abusing the resident. Id. According to Riker, Garcia told Riker that she would only accept Riker’s statement once Riker “was an actual sexual assault recipient of Teddy Bernard and not just a third party victim of harassment.” Id. (citing Riker Resp. to Interrog. p. 15 Ex. N).
Riker also requested that Linda Davis, a Staff Development member, provide her a copy of the company’s sexual harassment policy and for Davis to identify the compliance officer by name and provide a phone number for the officer. Id. Riker claims the name and phone number of the compliance officer was never provided to Riker and that the company’s Handbook was missing pages for sexual harassment policy. Id. When Davis asked Riker why Riker wanted the policies, Riker states she told her about Bernard’s behavior. Id.
Riker alleges that she called and left a message on the company’s hot line regarding Bernard’s behavior for the Vice President of Human Resources, Tom Shugars, but Shugars never called her back. Id. Additionally, Riker reported Bernard’s behavior to Charge Nurse Margaret Boulton, Director of Nursing Kathy Umberger, LPN Charge Nurse Mischaelle Santiago and LPN charge Nurse Tara Osborne. Id. In addition to reporting Bernard, Riker also reported to Garcia that there was a pattern and practice of sexual harassment from male supervisors including Titus Lei-toro, Jim Hernandez, and Loi Nguyen and that female staff were treated “differently and disparately.” Id.
Five months after Bernard was fired, on October 30, 2011, Riker slipped and fell on ice outside of the Lancashire Hall building. According to the Defendants, Riker was issued a Notice of Ability to Return to Work by Dr. John Perry on April 19, 2012 which permitted Riker to go back to her pre-injury job without restrictions. Doc. No. 66-2 ¶ 19. Riker disputes this and states that her treating physicians, Lancaster Orthopedic Group, returned her to work with light duty restrictions. Doc. No. 85-4 ¶ 19. The Defendants also claim that after being issued the notice by Dr. Perry, Riker advised Garcia that she had received non-work related burns while she was out on workers’ compensation and could not return because of those injuries. Doc. No. 66-2 ¶20. Riker claims that the Defendants initially accepted Riker’s work injury claim but on January 20, 2012, the Defendants denied her workers’ compensation claim and refused to accommodate Riker’s “non-work related” disability. Doc. No. 85-4 ¶ 20. According to Riker, January 3, 2012 was her last day of work. Id. However, on February 14, 2013, in connection with settling workers’ compensation claims against Defendants, Riker signed a resignation letter which declared that her resignation was voluntary. Def.’s MSJ Ex. L. Riker was represented by counsel when she signed the resignation letter, and she testified that she understood it and had no questions concerning the letter or any other documents involving the settlement of her workers’ compensation claims. Ex. P to Defs.’ MSJ Regarding Riker, Riker Dep. 7:16-19; id. 13:6-18.
Riker filed her charge of discrimination with the EEOC on February 1, 2012, alleging gender and age discrimination. Doc. No. 85-4 at ¶ 23. Riker collected unemployment compensation benefits from the Defendants beginning with waiting week ending February 4, 2012. Id. at ¶ 20. On August 30, 2012, Riker filed an amended charge of discrimination with the EEOC, adding claims of retaliation and disability discrimination, and a charge of discrimination on the basis of association with protected individuals under Title VII. Id. at ¶ 23. On February 14, 2013, Riker also signed a Compromise & Release Agreement, which was a “full settlement of all claims against Lancashire Hall/McWill Group or its Workers’ Compensation Carrier for all injuries Claimant sustained on 10/30/11 or 2/1/11 or at any other time Claimant was employed by Defendant. Defs.’ MSJ at Ex. K, p. 3.
C. Emilia Shearer
Plaintiff Emilia Shearer (“Shearer”) is a Hungarian female born in 1960 who, according to herself, speaks English with a heavy accent. Doc. No. 29 ¶¶ 63, 64. Shearer was hired at Lancashire Hall as a CNA in March 2010. PI. Emilia Shearer’s Counter-Statement of Disputed/Undisputed Material Facts (“PI. Shearer’s Counter”) ¶ 1. Shearer started her position as CNA working the night shift on the Baker Wing. Id. at ¶ 2. After a time, Shearer requested that she be moved from Baker Wing to another floor because a co-worker, Maddie Mentzer, was allegedly ridiculing Shearer’s accent and ethnicity. Id. at ¶ 4. Shearer was then moved to the Rehab Unit. Id. at ¶ 6. While working in the Rehab Unit, Shearer began to have problems with Supervising Nurse Lisa Noll and Charge Nurse Baron Geib. Id. at ¶ 7. Shearer alleges that Geib called her a “stupid immigrant” and a “bitch.” Id. Shearer also alleges that Geib told her that “if I was your husband I would beat the crap out of you,” and “all aliens should be made to return to their countries.” Id. Furthermore, Shearer claims Geib instructed co-workers not to help Shearer even in situations where two persons were needed. Id. According to Shearer, Noll tolerated and encouraged Geib’s behavior. Id. When Shearer confronted Supervisor Noll about the harassment that she was suffering, Shearer claims Noll “tormented and retaliated” against Shearer. Id.
On October 30, 2010, Shearer hurt herself while repositioning a resident and reported the claim as a workers’ compensation injury. Id. at ¶ 8. Following her injury, Shearer was placed on light duty'. Id. at ¶ 9. On May 23, 2011, Shearer was suspended for three days after a resident reported alleged abuse to Social Services. Defs.’ Facts Re. Shearer ¶ 11. Upon employment, Shearer signed a copy of the Wilmac Corporation Resident Abuse Policy which states that “[i]f the allegations are not substantiated, the employee will be returned to work with no loss of earnings and no negative report or record will be documented.” Id. at ¶ 10; Defs.’ MSJ Ex. C. Shearer was issued an Employee Discipline Notice for the incident on June 9, 2011. Id. at ¶ 12; Defs.’ MSJ Ex. E. On June 2, 2011, Shearer received a second report of abuse allegations and was suspended from June 2 until June 6, 2011. Id. at ¶ 14.
On July 30, 2011, Shearer reported another work injury to her back and she was sent to the company doctor, Dr. Rochester. Id. at ¶ 16. Dr. Rochester placed Shearer on light duty for two (2) months. Id. On or about September 21, 2011, Shearer requested FMLA leave to care for her husband and was eligible for FMLA provided that she gave sufficient certification by October 6, 2011. Defs.’ Facts Re. Shearer ¶ 17; Defs.’ MSJ Ex. G. On September 27, 2011, Shearer was accused of resident abuse again for yelling at a resident. Id. at ¶ 18. According to Shearer, Diana Myers, the Director of Nursing (“DON”), called Shearer on the phone, placed her on suspension and asked her to come into work to make a statement regarding the alleged abuse. PI. Shearer’s Counter at ¶ 19.
On the same day that the alleged abuse occurred, September 27, 2011, Shearer suffered another work injury. Id. The Defendants contend that Shearer reported that she had suffered a work injury around 2:30 a.m. to Human Resources after giving her statement regarding the alleged abuse to Ms. Myers. Defs.’ Facts Re. Shearer ¶ 20. Shearer disputes this and states that the work injury was “instantly reported to Charge Nurse LPN Sarah Hilles that [sic] heard Plaintiff fall and assisted Plaintiff from getting up off the floor.” PL Shearer’s Counter at ¶ 20. Moreover, Shearer states that Garcia prepared a Supervisor’s Report of Employee Incident that erroneously documented the time of the injury at 5:30 a.m. Id. The day after her injury, Shearer sought medical attention and had her doctors send work restrictions to Defendants. Ex. UU to PI. Shearer’s Resp. Two days later, following the Defendants’ investigation into the alleged abuse, Shearer was terminated. Ex. T to PI. Shearer’s Resp. On January 9, 2012, Shearer filed a charge of discrimination with the EEOC alleging that she was discriminated against on the basis of race, sex, age, national origin, and retaliation. Id. at ¶ 33.
D. Nicole Vasquez
Plaintiff Nicole Vasquez (“Vasquez”) is a Hispanic Female. Doc. No. 29 ¶ 97. Lancashire Hall hired Vasquez as a part-time CNA on January 20, 2009. PI. Nicole Vasquez’s Counter-Statement of Disputed/Undisputed Material Facts (“PI. Vasquez’s Counter”) ¶ 3. Vasquez was changed over to a full-time CNA in June 2009 until January 2012. Id. at ¶ 4. Beginning in March 2013, Vasquez changed to a pro re nata (“PRN”) agreement in which she was required to work three (3) days a month— two weekend days and one weekday. Defs.’ (Unredacted) Statement of Material Facts Regarding Plaintiff Nicole Vasquez (“Defs.’ Facts Re. Vasquez”) ¶ 6.
Vasquez was assigned to the Rehab Wing of Lancashire Hall on the second shift when she was hired in 2009. Id. at ¶ 7. According to Vasquez, she was subjected to sexual harassment from Bernard when their shifts overlapped. PL Vasquez’s Counter ¶ 9. Bernard allegedly “stalked [her], solicited her for dates and sex, violated her personal space and subjected her to unwelcomed touching. Id. He would touch her on her back and head, caress her shoulders, come from behind or next to her at the Nurse’s Station doing her charting so she would not be on notice of his fast approach.” Id. Additionally, Bernard would regularly ask her out to eat and to go out on dates. Id. Vasquez refused Bernard’s advances. Id. Bernard would allegedly follow Vasquez into the laundry room to harass her with propositions for “dates and sex.” Id. The Defendants contend that Vasquez did not report Bernard’s alleged behavior until asked to do so as part of Human Resources’ investigation into Bernard following Riker’s statements about Bernard. Defs.’ Facts Re. Vasquez ¶ 20. Vasquez testified that she did not report Bernard’s alleged behavior because she was “afraid of H.R. Representative, Tonya Garcia’s alleged boyfriend, and Teddy Bernard’s alleged drug dealing father.” Id. ¶ 17 (citing Vasquez II, 29:18-24). Vasquez disputes this and states that she reported Bernard’s behavior to her Supervisor Alice. Pl. Vasquez’s Counter ¶ 17. In her statement made during the investigation by Human Resources into Bernard, Vasquez writes that Bernard’s advances toward her stopped after she told him she “was going to get other people involved.” Defs.’ Facts Re. Vasquez ¶ 21. Additionally, Vasquez wrote that she did not report Bernard because she “did not want to make it a big deal and he eventually stopped asking me.” Id. (citing Defs.’ MSJ Ex. H). On April 13, 2012, Vasquez filed a charge with the EEOC alleging that she had been “subjected.to sexual harassment by Teddy Bernard.” Id. at ¶ 23 (citing Defs.’ MSJ Ex. J).
On February 25, 2008, Lancashire Hall hired Mr. Titus Leitoro as a Charge Nurse. PI. Vasquez’s Counter ¶ 24. Mr. Leitoro was then moved into the position of Shift Supervisor on February 2, 2010 and eventually became Vasquez’s supervisor. Defs.’ Facts Re. Vasquez ¶¶ 24-25. On August 10, 2012, Vasquez named Leitoro in her EEOC complaint stating that Leito-ro treated her “in a rude, demeaning and retaliatory manner,” and that Leitoro “extended] preferential treatment towards female employees that recipr'ocate[d] his sexual advance [sic].... ” PL Vasquez’s Counter ¶ 26 (citing PI. Resp. Ex. Z). Vasquez states that Leitoro asked her if he could take her out on a date after their shift was over and when Vasquez told Lei-toro no because she had a boyfriend Leito-ro responded by saying that he did not care and still wanted to go on a date with her. Defs.’ Facts Re. Vasquez ¶ 26 (citing Defs. MSJ Vasquez Dep. I 57:24; 28:1-2, 3-10). According to Vasquez, in 2011, she called Shugars to report Leitoro but Shu-gars told her to report her complaints to Administrator Stuck. PI. Vasquez’s Counter ¶ 27. Vasquez also handwrote a statement reporting Leitoro’s invitation to her and put it in the mail slot of the Human Resources department, but she never received a response to that statement. Id. at ¶ 28. Vasquez testified that Leitoro’s harassment was intolerable and interfered with her ability to work and therefore, she reduced her work hours to part-time to limit her contact with Leitoro. Id.
In December 2010, Vasquez was placed on light duty restrictions by her physician. Id. at ¶ 30. During this time, Vasquez alleges that the Defendants did not abide by her light duty restrictions and assigned Vasquez to train a worker which Vasquez was unable to physically do. Id. Leitoro “yelled” at her because she was training one of the workers and told her “to shut her mouth, that she wasn’t worth anything, and that he’s her boss.” Id. Vasquez called the anonymous 1-800 company hotline to report Leitoro’s behavior and spoke with Shugars who told her he could do nothing about it. Id. at ¶ 32. On August 14, 2012, Vasquez filed an amended charge with the EEOC, adding allegations that she was harassed by Leitoro and treated in a “retaliatory manner” after she refused his requests for a date. Defs.’ Facts Re. Vasquez ¶ 33 (citing Defs.’ MSJ Ex. N).
In November 2009, Vasquez had breast reduction surgery. PI. Vasquez’s Counter ¶ 34. When she returned from surgery, James Hernandez, the House Supervisor, told Vasquez that her breasts were “beautiful” and “looked better smaller.” Id. at ¶ 35. Vasquez reported these comments to Supervisor Donna Astree, but not to Human Resources. Id. at ¶ 36; Defs.’ Facts Re. Vasquez ¶ 36.
Vasquez also alleges that she was subject to racial harassment from Geib. Id. at ¶¶ 37-40. Geib told Vasquez that “she was not good enough to live in the United States of America, that she need [sic] to go back to where she came from (Puerto Rico).” Id. at ¶ 38. Geib also told Vasquez that “[she] did not speak the American white proper English, and that us spic need to learn how to speak the white American English.” Defs.’ Facts Re. Vasquez ¶ 38 (citing Defs.’ MSJ Vasquez Dep. II 16:16-22). Vasquez reported Geib’s comment to LPN Kelly. Id. After this comment, Geib continued to address Vasquez as “spic.” Pl. Vasquez’s Counter ¶ 39.
On August 13, 2013, Garcia terminated Vasquez’s employment with Lancashire Hall for Vasquez’s failure to work the three shifts per month required under her PRN agreement. Id. ¶ 45. There is some contention regarding Vasquez’s termination. Vasquez claims that although she changed her status to PRN in March 2013, she never signed a PRN agreement which laid out her required hours. Id. Vasquez states that she tried to obtain work hours from the Defendants but was denied them despite work being available. Id. at ¶ 44. However, Vasquez states that pay roll records indicate that she worked three shifts in July. Id. at ¶ 45. Defendants deny that Vasquez was refused work hours despite them being available. Defs.’ Facts Re. Vasquez ¶ 44. According to the Defendants, Vasquez did not work the required three shifts a month and therefore, she was terminated. Id. at ¶ 45.
III. LEGAL STANDARD
Summary judgment is proper “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A factual dispute is “material” only if it might affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). For an issue to be “genuine,” a reasonable fact-finder must be able to return a verdict in favor of the non-moving party. Id.
A party seeking summary judgment initially bears responsibility for informing the court of the basis for its motion and identifying those portions of the record that it believes demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing relevant portions of the record, including depositions, documents, affidavits, or declarations, or showing that the materials cited do not establish the absence or presence of a genuine dispute, or showing that an adverse party cannot produce admissible evidence to support the fact. Fed. R. Civ. P. 56(c). Summary judgment is therefore appropriate when the non-moving party fails to rebut the moving party’s argument that there is no genuine issue of fact by pointing to evidence that is “sufficient to establish the existence of an element essential to that party’s ease, and on which that party will bear the burden of proof at trial.” Celotex, 477 U.S. at 322, 106 S.Ct. 2548.
Under Rule 56 of the Federal Rules of Civil Procedure, the court must draw “all justifiable inferences” in favor of the non-moving party. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. The Court must decide “not whether ... the evidence unmistakably favors one side or the other but whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented.” Id. at 252, 106 S.Ct. 2505. In an employment discrimination case, the court must ascertain “whether... there exists sufficient evidence to create a genuine issue of material fact as to whether the employer intentionally discriminated against the plaintiff.” Hankins v. Temple Univ. (Health Sciences Ctr.), 829 F.2d 437, 440 (3d Cir.1987). In the context of employment discrimination claims, “eonclusory allegations of discrimination, in the absence of particulars, are insufficient to defeat summary judgment.” Taylor v. Cherry Hill Bd. of Educ., 85 Fed.Appx. 836, 839 (3d Cir.2004).
IV. DISCUSSION
The plaintiffs bring a variety of claims pursuant to Section 1981, Title VII, the ADA, and the PHRA. The plaintiffs have also brought wrongful discharge claims under Pennsylvania law. As explained in further detail below, the Defendants are entitled to summary judgment on all claims except for LaRochelle’s Title VII retaliation claim, Vasquez’s Title VII retaliation claim, and Shearer’s ADA retaliation claim.
A. Gender Discrimination Under Title VII and the PHRA
The plaintiffs have brought two different types of gender discrimination claims pursuant to Title VII and the PHRA. First, plaintiffs allege gender-based disparate treatment claims. Doc. No. 29 ¶¶ 19, 22. Second, plaintiffs allege gender-based hostile work environment claims. Id.
1. Disparate Treatment
Title VII makes it unlawful for an employer to discharge or “otherwise discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a). Plaintiffs pursuing discrimination claims under Title VII may proceed under either a “pretext” or “mixed motive” theory. Connelly v. Lane Const. Corp., 809 F.3d 780, 787-88 (3d Cir.2016). In a mixed motive claim, the plaintiff claims that the employer’s stated reason for termination was based on both legitimate and illegitimate reasons. Id. at 788. Contrarily, in a pretext claim, the plaintiff claims that the employer’s stated reason was false. Id. Here, plaintiffs have pursued a “pretext” theory in their disparate treatment claims. Doc. No. 29 ¶¶ 28, 75, 111. The plaintiffs’ claims are subject to the familiar three-step burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).
The first step of the McDonnell Douglas framework requires the plaintiffs to make out a prima facie case of discrimination. To establish a prima facie case of disparate treatment under Title VII, a plaintiff must establish that: (1) she belongs to a protected class; (2) she was qualified for the position; (3) she suffered an adverse employment action despite being qualified; and (4) under circumstances that would raise an inference of discriminatory action, the employer continued to seek individuals with qualifications similar to the plaintiffs to fill the position. Sarullo v. U.S. Postal Serv., 352 F.3d 789, 797 (3d Cir.2003). As an alternative to the fourth prong, a plaintiff may attempt to show that similarly situated individuals who are not members of the plaintiffs protected class were treated more favorably than the plaintiff. Anderson v. Wachovia Mortg. Corp., 621 F.3d 261, 273-74 (3d Cir.2010); McNeil v. Greyhound Lines, Inc., 69 F.Supp.3d 513, 522 (E.D.Pa.2014). If the plaintiff makes out a prima facie case, then he effectively creates a presumption that the employer discriminated against him. McNeil, 69 F.Supp.3d at 522.
Once the plaintiff successfully establishes a prima facie case, the burden then shifts to the employer who must “articulate a legitimate, non-discriminatory reason for its employment decision.” Smith v. Borough of Wilkinsburg, 147 F.3d 272, 278 (3d Cir.1998). At this stage, the employer’s burden is “relatively light.” Fuentes v. Perskie, 32 F.3d 759, 763 (3d Cir.1994). As explained by the U.S. Supreme Court, the burden here is one of production rather than persuasion, thus involving no credibility assessment. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). “The employer need not prove that the tendered reason actually motivated its behavior, as throughout this burden-shifting paradigm the ultimate burden of proving intentional discrimination always rests with the plaintiff.” Fuentes, 32 F.3d at 763. Provided the employer articulates a legitimate non-discriminatory reason, the presumption of discrimination is eliminated. McNeil, 69 F.Supp.3d at 522.
If an employer articulates a legitimate non-discriminatory reason for its employment decision, the third and final step under McDonnell Douglas requires the plaintiff to prove, by a preponderance of the evidence, that the articulated reason is simply pretext for discrimination. Smith, 147 F.3d at 278. At this final juncture, the plaintiff must come forth with “some evidence, direct or circumstantial, from which a factfinder could reasonably either (1) disbelieve the employer’s articulated reasons; or (2) believe that an invidious discriminatory reason was more likely than not a motivating factor or determinative cause of the employer’s action.” Fuentes, 32 F.3d at 764. In order to raise disbelief under the first method of proof, the evidence must indicate “such weaknesses, implausibilities, inconsistencies, incoheren-cies, or contradictions in the employer’s proffered legitimate reasons” sufficient to show that the employer’s reason for termination was nondiscriminatory. Willis v. UPMC Children’s Hosp., 808 F.3d 638, 644-45 (3d Cir.2015). Pointing to evidence of the following will satisfy the second method of proof: (1) the defendant previously discriminated against the plaintiff; (2) discriminated against others within plaintiffs protected class; or (3) treated other similarly situated individuals outside plaintiffs class more favorably. Id. at 645.
a. Shearer’s Gender-Based Disparate Treatment Claim
To establish a prima facie case of gender discrimination, Shearer must show that (1) she belongs to a protected class; (2) she was qualified for the position; (3) she suffered an adverse employment action despite being qualified; and (4) under circumstances that would raise an inference of discriminatory action, the employer continued to seek individuals with qualifications similar to the plaintiffs to fill the position. Sarullo, 352 F.3d at 797. Defendants do not dispute that plaintiff Shearer has established the elements of a prima facie case.
i. Legitimate Non-Discriminatory Reason
Assuming Shearer has made out a prima facie case of gender discrimination, Defendants must articulate a legitimate, non-discriminatory reason for its employment decision. Smith, 147 F.3d at 278. Again, the burden at this stage is one of production rather than ultimate persuasion. Reeves, 530 U.S. at 142, 120 S.Ct. 2097. Defendants have set forth a legitimate, non-discriminatory reason for its termination of Shearer. Defendants fired Shearer following several documented incidents of alleged patient abuse. On May 23, 2011, Defendants suspended Shearer for three days after a resident at Lancashire Hall reported that Shearer physically abused her. See Ex. D to Defs.’ MSJ Regarding Shearer. One month later, Shearer was again suspended for a separate report regarding a different resident for allegedly misappropriating the resident’s property. See Ex. F to Defs.’ MSJ Regarding Shearer. The third and final report of abuse, which came a few months later (and eventually led to Shearer’s termination) involved a Lancashire Hall resident’s claim that Shearer “talks to me like I’m a dog.” Doc. No. 65-2 ¶ 22. Based on these incidents, Defendants concluded that Shearer had violated Defendants’ resident abuse policy and fired her based on that. Defendants’ Resident Abuse Policy states, in part: “It is the policy of Wilmac Corporation that all residents residing in its facilities deserve to live in a safe and protected environment from any form of verbal, mental, sexual or physical abuse.” Def.s’ Ex. C. Hence, Defendants have met their burden of production.
ii. Pretext
To establish pretext, Shearer has two options. First, she may point to evidence that Defendants’ proffered reason is subject to such weaknesses and implausibilities sufficient to satisfy the factfinder that Defendants’ actions could not have been for nondiscriminatory reasons. Willis, 808 F.3d at 644-45. Second, she may elect to point to evidence leading a factfinder to reasonably believe that a discriminatory reason was more likely than not a motivating or determinative factor in her termination. Id. at 645.
1. First Method of Proving Pretext
Shearer has failed to show that her termination was pretext for gender discrimination. Shearer does not argue that Defendants’ proffered reason for termination (patient abuse) is implausible or untrue. See Doc. No. 76-1 at pp. 12-14. Rather, she challenges the veracity of Defendants’ decision to suspend and terminate her for the reports of patient abuse against her. She does this by pointing to her record in the Pennsylvania Nurse Aide Registry, which indicates that she has no “substantiated” findings of abuse, neglect or misappropriation. Ex. EE to PI. Shearer’s Resp. The parties vigorously dispute whether or not the Pennsylvania Department of Health (“DOH”) has ever substantiated Defendants’ reports of Shearer’s abuse. Defendants contend that plaintiffs have attempted to cloud the record and that evidence demonstrates that the DOH has in fact substantiated abuse allegations against Shearer. However, Defendants’ argument here is misplaced. The documents Defendants rely on are reflections of their own internal investigation and not the DOH’s findings. For example, Defendants rely on a DOH Complaint Investigation Report. Ex. J to Defs.’ MSJ Regarding Shearer. Under the section titled “Allegations,” the DOH representative who filled out this report indicated that Defendants’ finding per their investigation was “substantiated.” Id. Defendants take this to mean that the DOH itself found the allegation to be substantiated. However, a close examination of the report proves otherwise. Specifically, on the last page of the report, the DOH recognized that Lancashire Hall had “substantiated” the allegations, but the DOH’s recommendation was to not proceed further with the allegation against Shearer. Id. This, combined with the Pennsylvania Nurse Aide Registry record on Shearer, makes clear that the Pennsylvania DOH has no record of substantiated abuse findings. Ex. EE to PI. Shearer’s Resp.
The parties’ disagreement over the term “substantiated” centers around a misunderstanding of the term as it relates to DOH findings of abuse versus findings of abuse per the Defendants’ Resident Abuse Policy. A finding of “substantiated” by the Pennsylvania DOH is a formal term the Pennsylvania Department of Aging uses in finding that an elderly person is “in need of protected services.” On the other hand, a finding of “substantiated” by Defendants’ is subject to their own internal policies, which may not necessarily rise to the level of abuse necessary to warrant a formal DOH finding. Ex. C to Defs.’ MSJ .Regarding Shearer. Plaintiffs’ reliance on the fact that the Pennsylvania DOH has not “substantiated” any formal findings against Shearer misses the point. Plaintiffs’ position relies on a premise that Defendants’ legitimate non-discriminatory reason for firing Shearer (patient abuse) must be unbelievable or implausible simply because the DOH has not substantiated such allegations. As made clear by this circuit’s precedent, that is not the case.
In Willis v. UPMC Children’s Hospital, the Third Circuit addressed a similar dilemma at the “pretext” stage on a motion for summary judgment. 808 F.3d 638, 647 (3d Cir.2015). There, the employer proffered a nondiscriminatory reason for firing the employee: the employee had been subject to three disciplinary incidents based on allegations of patient abuse, including the use of profanity. Willis, 808 F.3d at 641-42, 646-47. In response, plaintiff did not dispute violating the employer’s policy, but nonetheless argued that the employer’s reason was “riddled with inconsistencies” because she disagreed that her conduct warranted disciplinary action. Id. at 648. The Third Circuit affirmed the district court’s finding that this was not sufficient evidence of pretext to defeat summary judgment. Id. at 648-49. Importantly, the court explained, “at the pretext stage it is not a court’s role to “rul[e] on the strength of cause for discharge. The question is not whether the employer made the best, or even a sound,. business decision; it is whether the real reason is [discrimination].” Id. at 647 (alterations in original). Accordingly, it did not matter whether the employee’s alleged use of profanity was actually heard by others; rather, it mattered whether the use of the profanity “was the reason” the employer disciplined the employee. Id. In arriving at its decision, the Third Circuit stressed that the relevant inquiry in this type of factual situation is whether the employer’s disciplinary actions were taken in furtherance of its own internal goals and policies. Id. at 647-48. Merely challenging the veracity of the employer’s decision did not render it “unworthy of credence.” Id. (quoting Fuentes, 32 F.3d at 765).
Likewise, here, it does not matter whether Shearer’s allegations of abuse have been formally substantiated by the DOH for them to form the basis of her employer’s decision to terminate her. The record is clear that Defendants relied on their Resident Abuse Policy, multiple times, in disciplining Shearer for patient abuse. To show pretext, Shearer must present evidence sufficient to lead a fact-finder to believe that Defendants’ reason is riddled with inconsistencies and contradictions. She does not do this. Rather, like the plaintiff in Willis, Shearer argues: “[a] reasonable jury could find for Plaintiff that she did not yell at the resident but acted appropriately....” Doc. No. 76-1 at p. 13. The issue is not whether a juror could find that she acted appropriately but whether the Defendants’ “did not in fact rely on its articulated reasons when terminating her employment.” Willis, 808 F.3d at 647; see also McNeil, 69 F.Supp.3d at 524 (“[A]n employer may use statements and complaints by co-workers when making a decision to terminate an employee, and the employee cannot later establish pretext by simply challenging the veracity of such statements.”) (internal quotation marks omitted); id. (“So long as the decision-maker reasonably credited the allegations, an employee’s denial is not enough to establish pretext.”) (quoting McCormick v. Allegheny Valley Sch., No. 063332, 2008 WL 355617, at *16 (E.D.Pa. Feb. 4, 2008)); Montgomery v. Pa. Airlines, 1994 WL 527455, at *6 n. 10 (E.D.Pa. Sep. 22, 1994) (“[A] Title VII plaintiff must offer evidence of pretext or discriminatory motives; evidence showing plaintiffs disagreement with the decision is insufficient.”).
Shearer quotes Defendants’ Resident Abuse Policy, which states that if allegations are not “substantiated,” then the employee will be returned to work without consequence. Doc. No. 76-1 at p. 14 (citing •Ex. C to Defs.’ MSJ Regarding Shearer). According to Shearer, it follows that Defendants’ proffered reason is implausible because the Pennsylvania DOH—not Defendants—failed to “substantiate” formal findings of abuse against Shearer. Id. This argument misunderstands the difference between an investigation between the DOH per the law and an investigation by Defendants per their abuse policy. Accepting plaintiffs position as true would mean that Shearer (or any employee) could defeat summary judgment simply by showing that a state agency did not enter formal findings of abuse against that employee. Clearly, such a position is not tenable. The record is clear that Defendants relied in good faith on their Resident Abuse Policy in deciding to terminate Shearer. The evidence Shearer points to, and the arguments she makes, are insufficient to create disbelief so that a factfinder could rationally find that Defendants did not rely on their proffered reasons in terminating Shearer.
2. Second Method of Proving Pretext
In terms of the second method of proving pretext, Shearer does not offer any evidence to allow a factfinder to believe that her gender was “more likely than not a motivating or determinative cause” or Defendants’ decision to terminate her. Willis, 808 F.3d at 645. Shearer does not point to evidence of other similarly situated men who were treated differently than her. Doc. No. 76-1 at pp. 13-14. Nor does she present any evidence that she was terminated because she is a female. The sole allegation involving her gender is that her co-worker, Geib, would at times call her a “bitch.” Ex. D to PL Shearer’s Resp, Shearer Dep. at p. 122. Although a coworker’s name calling is certainly inappropriate, it does not create evidence showing that Defendants’ decisionmakers fired Shearer because of her gender. Hazen Paper Co. v. Biggins, 507 U.S. 604, 610, 113 S.Ct. 1701, 123 L.Ed.2d 338 (1993) (“Whatever the employer’s decisionmaking process, a disparate treatment claim cannot succeed unless the employee’s protected trait actually played a role in that process and had a determinative influence on the outcome.”). The record is devoid of evidence that could lead a factfinder to conclude that invidious discrimination based on Shearer’s gender was “more likely than not a motivating or determinative cause” of Defendants’ decision to terminate her.
The evidence in the record is insufficient to show that Defendants’ reason for terminating Shearer was pretext for gender discrimination. Therefore, I will grant Defendants’ motion for summary judgment on this claim.
2. Hostile Work Environment
Sexual harassment is a type of discrimination that is prohibited by Title VII. Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 65, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). The term “sexual harassment” embodies both quid pro quo harassment as well as claims for a hostile work environment. Id. at 65-67, 106 S.Ct. 2399. To make out a claim for hostile work environment, a plaintiff must show that (1) she suffered intentional discrimination because of her sex; (2) the discrimination was pervasive and regular; (3) the discrimination detrimentally affected her; (4) the discrimination would have detrimentally affected a reasonable person of her sex in her position; and (5) respondeat superior liability exists. E.g., Kunin v. Sears Roebuck & Co., 175 F.3d 289, 293 (3d Cir.1999).
In determining whether a plaintiff has sufficiently made out a claim, courts must consider the totality of the circumstances, including “the frequency of the discriminatory conduct, its severity, whether it is physically threatening or a mere offensive utterance, and whether it reasonably interferes with an employee’s work performance.” Harris v. Forklift Sys., Inc., 510 U.S. 17, 23, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). “[S]imple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the terms and conditions of employment.” Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) (citation omitted). Regarding the final element— respondeat superior—the Third Circuit has explained that the “basis of an employer’s liability for hostile environment sexual harassment depends on whether the harasser is the victim’s supervisor or merely a coworker.” Huston v. Procter & Gamble Paper Prods., 568 F.3d 100, 104 (3d Cir.2009). In cases where the alleged sexual harassment is done by a co-worker (not a supervisor) liability only attaches if the employer “failed to provide a reasonable avenue for complaint or, alternatively, if the employer knew or should have known of the harassment and failed to take prompt and appropriate remedial action.” Id.
a. LdRochelle’s Hostile Work Environment Claim
LaRoehelle’s sex-based hostile work environment claim is premised upon allegations that her co-worker, Teddy Bernard, touched her inappropriately and made sexually inappropriate comments and advances to her. All these incidents allegedly occurred in a three-and-a-half month time frame during LaRochelle’s employ with Defendants. Defendants assert two bases for granting summary judgment on this claim. First, Defendants argue that the alleged harassment was not “severe or pervasive” enough to warrant liability. Second, Defendants contend that LaRochelle has failed to establish a genuine issue of material fact regarding the fifth element (respondeat superior liability) of her claim. Because I find vicarious liability inapplicable as a matter of law, Defendants’ motion for summary judgment on this claim is granted.
As explained above, vicarious liability for a hostile work environment claim depends upon whether the alleged harasser is a supervisor or co-worker. Huston, 568 F.3d at 104. LaRochelle does not dispute that Bernard was her co-worker. Hence, Defendants can only be held liable for Bernard’s alleged harassment if “there was no reasonable avenue for complaint or [they] knew or should have known of the harassment and failed to take prompt and appropriate remedial action.” Miller v. Thomas Jefferson Univ. Hosp., 908 F.Supp.2d 639, 654 (E.D.Pa.2012) (quoting Huston, 568 F.3d at 104). Defendants had a formal complaint procedure that was available and known to LaRochelle. Ex. Q to Defs.’ MSJ Regarding PI. LaRochelle. Thus, the remaining inquiry focuses on whether Defendants knew or should have known of the harassment and failed to take prompt and appropriate remedial action.
The evidence cited by LaRochelle demonstrates that LaRochelle made it known to her supervisors that she felt she was being harassed by Bernard Nonetheless, the evidence fails to show that Defendants failed to act promptly to adequately remediate the situation. LaRochelle’s testimony indicates that she aired her complaints to several supervisors in the month or two preceding her termination. Ex. D to LaRochelle’s Resp. at pp. 20-50. Specifically, LaRochelle testified she gave a written statement to a supervisor, a few weeks prior to being terminated. Id. 39:3-17. LaRochelle also notified Administrator, Michael Stuck, of Bernard’s alleged harassment a few weeks prior to her termination. Id. 34:22-35:5. Stuck responded by telling LaRochelle that he would look into these allegations. Id. Thus, it is clear that LaRochelle’s complaints in mid-September sparked an investigation into Bernard by the Defendants.
The dispositive issue with LaRochelle’s claim is that the investigation into Bernard was not yet completed at the time LaRochelle was terminated and, thus, appropriate remedial action could not possibly have been taken. See Knabe v. Boury Corp., 114 F.3d 407, 412 (3d Cir.1997) (“Even if a company’s investigation into complaints of sexual harassment is lacking, the employer cannot be held hable for the hostile work environment created by an employee under a negligence theory of liability unless the remedial action taken subsequent to the investigation is also lacking.”); Miller v. Thomas Jefferson Univ. Hosp., 908 F.Supp.2d 639, 654 (E.D.Pa.2012) (granting summary judgment because the employer took prompt and appropriate remedial action even assuming the alleged harasser’s conduct was severe and pervasive). In other words, it is not enough for LaRochelle to argue that Defendants’ investigation was lacking. Knabe, 114 F.3d at 412. Rather, LaRoc-helle must demonstrate that the actual remedial action “subsequent to” the investigation was lacking. Id.
In the same vein, no reasonable factfin-der could conclude that Defendants failed to act promptly when they were only given notice of LaRochelle’s allegations a few weeks prior to her termination. This is the case even if LaRochelle’s allegations (that Bernard subjected her to unwelcome touching and comments) were severe and pervasive. Miller, 908 F.Supp.2d at 654. The fact that LaRochelle ceased working at Lancashire Hall obviated Defendants’ need to take any action to prevent further harassment of LaRochelle because, obviously, LaRochelle no longer worked there. See id. (noting that, in determining whether remedial action was adequate, courts consider whether the action was “reasonably calculated to prevent further harassment”). Nonetheless, the evidence shows that Defendants did in fact continue their investigation of Bernard’s sexual harassment in the months following LaRochelle’s termination. See Ex. L to Defs.’ MSJ Regarding LaRochelle. This investigation included numerous witness statements and ultimately led to Bernard’s termination. Id.; Ex. N to Defs.’ MSJ Regarding LaR-ochelle. Simply because the investigation into Bernard’s alleged harassment did not conclude in one or two weeks does not make the Defendants’ subsequent actions lacking. Simply put, no reasonable jury could conclude that Defendants failed to take prompt and appropriate remedial action with respect to LaRochelle.
Therefore, I will grant Defendants’ motion for summary judgment on LaRoc-helle’s sex-based hostile work environment claim.
b. Riker’s Hostile Work Environment Claim
Plaintiff Riker also brings a gender-based hostile work environment claim. Defendants are entitled to summary judgment as to Riker’s gender-based hostile work environment claims because: (1) the alleged discrimination was not sufficiently severe or pervasive to impose liability, and (2) there can be no respondeat superior liability.
Riker was employed at Lancashire Hall for nearly three years—from May 2009 to January 2012. Doc. No. 85-1 at pp. 6, 14. Within this time period, Riker points to an incident where co-worker, Bernard, carpe up from behind her and rubbed her on her shoulders. Id. at 6. According to Riker, she reported this incident to her supervisors, but she does not indicate when this was reported. Id. Riker contends that she reported Bernard in June 2010 because he would yell and scream at her. Doc. No. 85-4 ¶ 4. On June 28, 2011, Riker made a report to her supervisors that Bernard had hugged her from behind and made a comment to her. Doc. No. 66-2 ¶ 4. One week later, Defendants launched an investigation into Bernard’s conduct, which resulted in Bernard’s suspension. Id. ¶¶ 10-14. One week after that, on July 6, 2011, Defendants terminated Bernard Id. ¶ 16.
Viewing the facts in a light most favorable to Riker, there is insufficient evidence to create a triable issue as to two of the five required elements in a hostile work environment claim. The complained of conduct, as a matter of law, fails to rise to the level of “severe or pervasive” harassment. Regarding the “severe and pervasive” element, Riker has at best established sporadic and isolated incidents of harassment. The two specific incidents she cites (the shoulder rubbing and the hug) occurred over a nearly three-year period. See Rosati v. Colello, 94 F.Supp.3d 704, 716 (E.D.Pa.2015) (finding that three specific incidents over a four-month period “is not a continuous period of harassment”); Saidu-Kamara v. Parkway Corp., 155 F.Supp.2d 436, 439-40 (E.D.Pa.2001) (granting summary judgment on hostile work environment claim because four incidents over a period of a year and a half are insufficient evidence of a hostile work environment); Funayama v. Nichia America Corp., Civ. Action No. 08-5599, 2011 WL 1399844, at *13 (E.D.Pa. April 13, 2011) (finding that co-worker’s asking plaintiff out on dates, touching her side, and making comments about her body over four-year period was not sufficiently severe or pervasive). Over the years she was employed at Lancashire Hall, the unwelcome hug and rubbing of Riker’s shoulders was undoubtedly crass and unwelcome, but that does not necessarily make the Defendants liable. While being “yelled at” by Bernard may be unpleasant, these types of allegations, without reference to her gender, do not support a gender-based hostile work environment claim. See Hegyes v. U.S. Steel Corp., No. 2:04CV1283, 2007 WL 218711, at *13 (W.D.Pa. Jan. 25, 2007) (granting summary judgment on female plaintiff ’s Title VII hostile work environment claim when the alleged harassers did not “refer to plaintiffs gender in the process of cursing, yelling or screaming at her”). Moreover, Riker is often unable to identify even approximate dates for the alleged incidents. See Shesko v. City of Coatesville, 292 F.Supp.2d 719, 726 (E.D.Pa.2003) (granting summary judgment on sex-based hostile work environment claim in part because of plaintiffs inability to identify “even approximate dates of the alleged comments, and in some instances ... the year”). In the totality of the circumstances, the isolated instances Riker refers to do not rise to the level of severe or pervasive conduct needed to maintain a hostile work environment claim.
Even assuming Bernard’s conduct toward Riker was severe and pervasive, Riker’s hostile work environment claim fails because there is no genuine issue of fact regarding the fifth element: responde-at superior liability. Riker alleges that she was harassed by Bernard, who is a coworker rather than a supervisor. Because Bernard is not a supervisor, Defendants can only be held vicariously liable if they “failed to provide a reasonable avenue for complaint or, alternatively, if [they] knew or should have known of the harassment and failed to take prompt and appropriate remedial action.” Huston, 568 F.3d at 104. It is undisputed that Riker wrote her supervisor a note, on June 23, 2011, indicating Bernard had hugged her and made comments to her. See Doc. No. 66-2 ¶ 4 (citing Ex. E). It is also undisputed that a week later Defendants suspended Bernard, following an investigation into the hugging incident, for violating company policy. Id. ¶ 14 (citing Ex. H). A week after Bernard’s suspension, he was fired. Id. ¶ 16 (citing Ex. J). Although Riker claims she complained earlier about Bernard’s alleged harassment of others, the only evidence adduced shows that June 23, 2011 is the first time Riker actually complained that Bernard had personally harassed her. In response to this complaint, Defendants investigated Riker’s allegations about Bernard, gathered witness statements, suspended Bernard, and fired Bernard, all within two weeks. As such, Defendants cannot be held vicariously liable because they took prompt and appropriate remedial action.
For these reasons, I will grant Defendants’ motion regarding Riker’s gender-based hostile work environment claim,
c. Shearer’s Hostile Work Environment Claim
Plaintiffs argue that “[substantial evidence was presented that... Defendants tolerated unabated severe and pervasive harassment against Plaintiff Shearer on the basis of her ... sex.” Doc. No. 76-1 at p. 3. However, plaintiffs do not point to any evidence of Bernard’s alleged sexual harassment of her. Without citation to the record, plaintiffs claim that “the sexual harassment was tolerated.” Id. at p. 7. Defendants maintain that Shearer’s gender-based hostile work environment claim must fail based primarily on Shearer’s testimony. Specifically, Defendants point to Shearer’s deposition testimony in which Shearer was asked whether or not Bernard ever sexually harassed her. Doc No. 90 at p. 4. In response to this question, Shearer stated: “No, he didn’t.” Id. (citing Shearer Dep. at p. 152).
In Harris v. Forklift Systems, Inc., 510 U.S. 17, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993), the U.S. Supreme Court expounded upon the requirements of a successful hostile work environment claim. There, the court explained: “if the victim does not subjectively perceive the environment to be abusive, the conduct has not actually altered the conditions of the victim’s employment, and there is no Title VII violation.” Harris, 510 U.S. at 21-22, 114 S.Ct. 367; see also Petril v. Cheyney Univ. of Pa., 789 F.Supp.2d 574, 579 (E.D.Pa.2011) (noting that in Harris “the Supreme Court explained that a hostile work environment is actionable when the harassing conduct is both objectively hostile, as perceived by a reasonable person, and subjectively hostile, as perceived by the plaintiff herself’). Certainly, no reasonable jury could find that Shearer subjectively perceived Bernard harassed her when Shearer herself testified that Bernard had never sexually harassed her. See Minnig v. PNC Bank, 2008 WL 4083007, at *4-6 (E.D.Pa. Aug. 28, 2008) (granting summary judgment on hostile work environment claim when plaintiff “admitted during her deposition testimony that [the alleged harasser] did not harass her”). Shearer’s testimony that she was never sexually harassed eliminates any genuine issue of material fact as to her gender-based hostile work environment claims.
Although Shearer also claims that Geib and Leitoro sexually harassed her, Shearer does not point to any specific incident of sexual harassment nor does she provide any factual allegations to support her claim that they sexually harassed her. Shearer’s sexual harassment claims against Geib and Leitoro cannot survive summary judgment on conclusory allegations alone. In the context of employment discrimination claims, “conclusory allegations of discrimination, in the absence of particulars, are insufficient to defeat summary judgment.” Taylor v. Cherry Hill Bd. of Educ., 85 Fed.Appx. 836, 839 (3d Cir. 2004); Shesko, 292 F.Supp.2d at 726. Accordingly, I will grant summary judgment for the Defendants on this claim.
d. Vasquez’s Hostile Work Environment Claim
Defendants make several arguments in support of their motion for summary judgment on Vasquez’s gender-based hostile work environment claim, including that the claim is time-barred. Doc. No. 67-1 at p. 6. I will grant Defendants’ motion because I find that Vasquez’s gender-based hostile work environment claim is time-barred.
To bring suit under Title VII in a deferral state,