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Martin v. Unemployment Compensation Board of Review3/28/2000
SUBMITTED: December 17, 1999
Dawn Martin petitions for review of a decision of the Unemployment Compensation Board of Review (Board) that reversed a referee's decision to grant Martin unemployment compensation benefits under Section 402(b) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง802(b). The issues presented are whether Martin acted with common sense when she failed to inform the Community Action Agency of Delaware County, Inc. (Employer) of sexual harassment perpetrated against Martin by her immediate supervisor prior to resigning and whether the verbal harassment experienced by Martin constituted a necessitous and compelling cause for her resignation.
I.
In January 1993 Martin was hired by Employer as a receptionist. In June 1996 Martin was promoted to the position of site manager in Employer's social services program (Program). Rodney Coley was Coordinator of the Program and became Martin's direct supervisor. Coley was responsible for ensuring that certain reports were submitted in a timely manner by Employer's managers. Coley would then compile the reports into a monthly report which would be submitted to Edward Coleman, Executive Director of the Program. As site manager, Martin was responsible for submitting reports to Coley, and Martin did not always submit her reports in a timely manner. Martin and Coley worked in offices located several miles apart, and Coley would frequently visit the office in which Martin worked.
During 1997 Coley asked Martin out on dates, touched her breasts and buttocks on numerous occasions, propositioned her and offered her money to be his mistress. In November 1997 Martin complained to Coley's immediate supervisor, Sharon Grasty, Director of the Program. Martin alleged that Coley harassed her in the manner in which he communicated his requests for her timely submission of reports. Martin described the harassment as repeated telephone calls regarding the reports and verbal abuse. Martin did not disclose Coley's touching, propositioning or other sexually-related conduct. Based on Martin's complaint and complaints from other employees regarding Coley's verbal behavior, Grasty disciplined Coley by giving him a verbal warning and included the complaints in his annual performance evaluation. Employer also sent Coley to seminars on improving his communications skills.
In January 1998 Martin submitted a memorandum to Grasty which cited Coley's continued harassment and stated her intent to resign. The memo described "unnecessary pressure and feeling of harassment" and "irreconcilable differences" between her and Coley. After discussing her complaints with Grasty and Coleman, Martin decided not to resign. In speaking with Coleman, Martin disclosed that in 1994, she dated Coley for approximately six months. Again, Martin did not indicate that Coley had sexually harassed her. In January 1998 Employer issued another verbal warning to Coley to improve his communication with Martin.
In March and April 1998, Martin again complained to Grasty regarding Coley's verbal behavior. In response, Grasty promoted Martin to a level equal to that of Coley and gave her a pay increase. Although the new position removed Martin from Coley's direct supervision, she was still required to interact with and provide reports to Coley. Grasty also instructed Coley and Martin to communicate only through Grasty rather than directly with each other. Despite this instruction, Martin continued to communicate with Coley. In May 1998 Employer issued another verbal warning to Coley which advised him that he would be terminated if communication between him and Marti
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