FREDRIKSEN v. CONSOL ENERGY INC., No. 2:2018cv00379 - Document 57 (W.D. Pa. 2019)

Court Description: OPINION granting in part and denying in part 38 Motion for Summary Judgment. The Court concludes that Defendant has no successor liability for any claims within Plaintiffs Amended Complaint, which may have arisen before November 28, 2017. Fredri ksen did not establish that Defendant paid Fredriksen or her male comparators disparately; therefore, Fredriksen cannot sustain wage discrimination claims under the EPA or Title VII, Counts I and III. Therefore, Defendants Motion for Summary Judgm ent is granted against Plaintiff on Count I and any Title VII-wage discrimination claim in Count III of the Amended Complaint. Finally, at the summary judgment stage, Fredriksen has sufficiently met her burden that a reasonable juror could find that she could recover against Defendant for retaliation claims under the EPA (Count II) and Title VII (Count IV) and for a Title VII gender discrimination claim (Count III). Accordingly, Defendants Motion for Summary Judgment is denied as to retaliation claims in Counts II and IV and as to the Title VII gender discrimination claims in Count III. A separate Order will be entered consistent with this opinion. Signed by Judge Marilyn J. Horan on 5/14/2019. (bjl)