PITTSBURGH – Litigation between a former store supervisor for Sheetz who claimed she was discriminated against and fired because of her sexual orientation and the convenience store chain, has been settled.
Kathy Eutzy of Cumberland County filed suit in the U.S. District Court for the Western District of Pennsylvania on Jan. 3 versus Sheetz Inc. of Altoona, alleging sexual discrimination, harassment and retaliation.
Eutzy, who is a lesbian, served as a shift supervisor at Sheetz store in Shippensburg. She alleged that in November of 2018, she made a complaint about a co-worker who called a customer a derogatory term that the plaintiff found offensive and inappropriate.
Eutzy further alleged after she filed a complaint to human resources about the co-worker’s comment, the co-worker created a hostile work environment and her supervisor began to treat her differently.
She alleged she was fired on Jan. 14, 2019, in retaliation for reporting the harassment based on her sexual orientation. Eutzy then received a right to sue letter from the U.S. Equal Employment Opportunity Agency on Nov. 5.
On March 6, Sheetz responded to Eutzy’s complaint, alleging the plaintiff failed to state a claim and did not show evidence of discriminatory conduct on its part.
“Plaintiff’s complaint fails to state a claim upon which relief may be granted. Defendant’s actions regarding plaintiff were at all times taken for legitimate, non-discriminatory and non-retaliatory reasons. Even if defendant’s actions had been motivated by plaintiff’s gender, sexual orientation, or alleged protected activity, which defendant denies, defendant would have taken all of the same actions with respect to plaintiff,” Sheetz’s answer read, in part.
“Any alleged unlawful acts by defendant’s managing agents would have been contrary to defendant’s good faith efforts to comply with the law. Plaintiff’s claims are barred, in whole or in part, to the extent that the complaint seeks relief for any alleged unlawful conduct that occurred outside the applicable statutes of limitations periods. Plaintiff’s claims are barred, in whole or in part, to the extent plaintiff had an obligation to exhaust administrative remedies and failed to do so.”
UPDATE
After more than two months of mediation spanning May to July, a notice was handed down on July 27 stating the case had been resolved through a settlement, though terms of the settlement were not revealed.
Two days later, on July 29, U.S. District Court for the Western District of Pennsylvania Judge Kim R. Gibson ordered the case closed.
“Upon the Court having been advised that this case has been resolved and the only matters remaining to be completed are the payment of the settlement proceeds, if any, and the submission of a stipulation for dismissal under Federal Rule of Civil Procedure 41(a), and it appearing that there is no further action required by the Court at this time, it is hereby ordered that the Clerk mark the case closed,” Gibson stated.
Gibson further stipulated that the Court expressly retains jurisdiction to consider any issue arising during the period when settlement is being finalized, including, but not limited to, enforcing settlement.
Prior to settlement, the plaintiff sought back and front pay, compensatory damages, attorneys’ fees and costs, while Sheetz seeks dismissal of the case with prejudice.
The plaintiff was represented by Larry A. Weisberg, Derrek W. Cummings and Steve T. Mahan of Weisberg Cummings, in Harrisburg.
The defendant was represented by Allison R. Brown and Robert W. Cameron of Littler Mendelson, in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 3:20-cv-00002
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com