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DeCamp v. Dollar Tree Stores6/14/2005
The plaintiff, Maria L. DeCamp (plaintiff), appeals from the entry of summary judgment in favor of the defendants, Dollar Tree Stores, Inc. (Dollar Tree), and the plaintiff's supervisor, Kenneth Braz (Braz) (collectively defendants), dismissing the plaintiff's suit, which alleged employment discrimination based upon her sex and her disability. For the reasons set forth below, we reverse the entry of summary judgment on the claim of sex discrimination and affirm the entry of summary judgment on the claim of disability discrimination.
I. Facts and Travel
Before plaintiff's employment, Dollar Tree investigated Braz, a district manager, after it received several complaints about his improper treatment of employees in late 1999. Dollar Tree regional human resource manager Karen Dravenstott (Dravenstott) testified in her deposition that she verbally counseled Braz about his treatment of women because Dollar Tree was on notice that Braz treated women differently.
Dollar Tree hired plaintiff as a store manager in May 2000. Braz was plaintiff's supervisor for her entire tenure with Dollar Tree. In answers to interrogatories propounded by defendants, plaintiff chronicled multiple incidents of inappropriate treatment by Braz.
In September 2000, Braz warned plaintiff in front of another employee not to dress "like a bum." She believed that he targeted her specifically because she previously had worked for a competitor of Dollar Tree. The plaintiff wore slacks and shoes, rather than jeans and sneakers, to work; she was the only person of forty-five employees dressed so formally.
In October 2000, Braz asked plaintiff what she was doing. When she responded that she was working, Braz said "that remains to be seen." When she asked why he spoke to her in that manner, he replied, "Only to you because you deserve it."
Also in October 2000, plaintiff, after notifying the store opener ahead of time, arrived thirty minutes late to work because she had a doctor's appointment. When she arrived at work, Braz told her to get her "s---together" and that managers were not allowed to be late. After he learned that plaintiff had cleared her late arrival with another employee, Braz demanded to know why she had gone to the doctor. Braz repeated this request until plaintiff admitted that she had gone for a mammogram.
Also in October 2000, plaintiff, who was scheduled to work at 12:30 in the afternoon, arrived at 12:15. Braz accused her of being late. When he learned that she was not scheduled to begin her shift until 12:30, Braz contended that she should come to work a half-hour before her shift. During the rest of her shift Braz verbally harassed plaintiff and rushed her through her dinner break.
Later in October 2000, plaintiff was having trouble balancing the registers at the end of her shift. Braz repeatedly yelled at her because she was adding the checks too slowly. After plaintiff told Braz to add the checks himself, he replied "If I wanted to do it myself, I would not have hired you." The plaintiff then inadvertently hit the clear button as she added up the checks. Braz responded by pounding his fist on the desk and screaming at her to get out of the store. When Braz locked the door behind her after she left, plaintiff realized she had left her keys in the store. Locked out and waiting to get her keys, plaintiff was joined outside by a co-worker who asked whether she was alright. After the two spoke, Braz called plaintiff back into the store. He proceeded to yell at her for telling the co-worker his business, told her she was unprofessional, again told her she needed to get her "s---together," suggested that she "rethink" her p
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