Zippittelli V Jc Penny
Zippittelli v. J.C. Penney Co.
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
February 28, 2007
JOANNE ZIPPITTELLI, PLAINTIFF
v.
J.C. PENNEY COMPANY, INC., J.C. PENNEY TELEMARKETING, INC., AND JAMES JOHNSON, DEFENDANTS
The opinion of the court was delivered by: Judge James M. Munley United States District Court
MEMORANDUM
Before the court is defendants' motion for summary judgment (Doc. 18). Having been fully briefed and argued, the matter is ripe for disposition.
I. Background
The plaintiff, who is 66 years old, brought this employment discrimination suit against her employer, J.C. Penney, after the company failed to promote her to the position of shift operations manager at the company's Moosic, Pennsylvania Customer Service Center. (See Complaint (Doc. 1)). She alleged violations of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000(e) et seq., retaliation claims under both acts, and the same claims under the Pennsylvania Human Relations Act (PHRA), 43 P.S. § 951 et seq. She brought these claims against both the company and the PHRA claims against her supervisor at the Moosic center, James Johnson.
Plaintiff sought relief in the form of appointment to the position she was denied, back pay, costs and attorney's fees, front pay, and punitive and liquidated damages.
Plaintiff was hired by J.C. Penney on July 18, 1988. (Defendant's Statement of Material Facts (hereinafter "Defendant's Statement of Facts") (Doc. 19) at ¶ 1)*fn1 .
She was the first associate hired at the new Customer Service Center in Moosic. James Johnson became personnel manager at the facility in March 1990. (Defendant's Statement of Facts at ¶ 5). Johnson was promoted to manager of the call center in March 1999 (Id. at ¶).*fn2 After Johnson came to the facility, plaintiff frequently sought promotion to a management position. In 1990, she sought promotion to
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
February 28, 2007
JOANNE ZIPPITTELLI, PLAINTIFF
v.
J.C. PENNEY COMPANY, INC., J.C. PENNEY TELEMARKETING, INC., AND JAMES JOHNSON, DEFENDANTS
The opinion of the court was delivered by: Judge James M. Munley United States District Court
MEMORANDUM
Before the court is defendants' motion for summary judgment (Doc. 18). Having been fully briefed and argued, the matter is ripe for disposition.
I. Background
The plaintiff, who is 66 years old, brought this employment discrimination suit against her employer, J.C. Penney, after the company failed to promote her to the position of shift operations manager at the company's Moosic, Pennsylvania Customer Service Center. (See Complaint (Doc. 1)). She alleged violations of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000(e) et seq., retaliation claims under both acts, and the same claims under the Pennsylvania Human Relations Act (PHRA), 43 P.S. § 951 et seq. She brought these claims against both the company and the PHRA claims against her supervisor at the Moosic center, James Johnson.
Plaintiff sought relief in the form of appointment to the position she was denied, back pay, costs and attorney's fees, front pay, and punitive and liquidated damages.
Plaintiff was hired by J.C. Penney on July 18, 1988. (Defendant's Statement of Material Facts (hereinafter "Defendant's Statement of Facts") (Doc. 19) at ¶ 1)*fn1 .
She was the first associate hired at the new Customer Service Center in Moosic. James Johnson became personnel manager at the facility in March 1990. (Defendant's Statement of Facts at ¶ 5). Johnson was promoted to manager of the call center in March 1999 (Id. at ¶).*fn2 After Johnson came to the facility, plaintiff frequently sought promotion to a management position. In 1990, she sought promotion to