Mandel v. M&Q Packaging Corp, No. 11-3193 (3d Cir. 2013)Annotate this Case
In 1996, Mandel was hired by M&Q. She claims that, throughout her employment, she was sexually harassed and discriminated against by male managers, supervisors, and owners. In 2007, during a meeting, a manager became angry, repeatedly called Mandel a “bitch,” and screamed “shut the fuck up.” As a result, Mandel resigned; she then accepted another position. In her resignation, Mandel did not complain of harassment or discrimination, apparently concerned she would be denied her vacation time. Although Mandel complained about being told to make coffee, she did not complain about other alleged incidents. Mandel testified that she understood policies in the employee handbook but felt uncomfortable going to the named managers. Mandel occasionally used profanity and sent emails containing sexual humor, but was never disciplined. The EEOC dismissed her request for charges. Mandel sued, alleging discrimination, sexual harassment, and retaliation (42 U.S.C. 2000e), violation of the Pennsylvania Human Relations Act, and intentional infliction of emotional distress. The district court granted M&Q summary judgment. The Third Circuit affirmed with respect to the retaliation, PHRA, and Title VII sex discrimination claims, but reversed on the hostile work environment and constructive discharge claims.