Gaub v. Prof'l Hosp. Supply, Inc.

Gaub v. Prof'l Hosp. Supply, Inc.

Opinion

 [*1123]  MEMORANDUM AND ORDER RE: MOTIONS FOR SUMMARY JUDGMENT

Plaintiffs Randy F. Gaub and Milissa M. Gaub brought this action against their employer, defendant Professional Hospital Supply, Inc. ("PHS"), alleging retaliation and sexual harassment pursuant to Title VII of the Civil Rights Act of 1964. Currently before the court are PHS's motions for summary judgment of all claims pursuant to Federal Rule of Civil Procedure 56.

I. Relevant Facts

It is undisputed that the Gaubs were both employees of PHS. Randy Gaub was hired by PHS as a speciality representative on July 9, 2002, and became a full  [**2] line representative in May of 2007. (Bailey Aff. Exs. 1, 2 (Docket No. 37).) Milissa Gaub became a PHS employee in January of 2008, when she was hired as a full line sales representative. (Bailey Aff. Ex. 6.) In their work, the Gaubs were both directly supervised by Bob Umdenstock, another PHS employee. (Def.'s Statement of Material Undisputed Facts II ¶ 3 (Docket No. 38); R. Gaub Aff. ¶ 2 (Docket No. 50.).)

Mrs. Gaub suffers from chronic anxiety and chronic depression. (Bailey Aff. Ex. 9 ("M. Gaub Dep. I") at 27:5-28:25, 50:14-17.) She is also an alcoholic. (Id. at 58:16.) In March of 2008, she was treated for alcoholism at Intermountain Hospital, a drug, alcohol, and psychiatric treatment facility, where she stayed for less than a week. (Id. at 61:10; Tharp Aff. Ex. A ("R. Gaub. Dep. II") at 275:3-16 (Docket No. 43); M. Gaub Aff. ¶ 14 (Docket No. 42).)

In May of 2008, Mrs. Gaub and Mr. Umdenstock traveled to Pocatello, Idaho in order to meet with several of Mrs. Gaub's customers. (Bailey Aff. Ex. 19 ("Umdenstock Dep. I") at 71:1-73:17.) On May 20, 2008, Mrs. Gaub and Mr. Umdenstock made a sales call to Portneuf Medical Center ("Portneuf"). (Id. at 73:9-20; Tharp Aff. Ex B ("M. Gaub  [**3] Dep. II") at 101:20-25.) Mrs. Gaub acknowledges that there were some complaints regarding her performance, but characterizes the fact  [*1124]  that Mr. Umdenstock came along on the trip as "routine." (Bailey Aff. Ex. 10 at 7.) According to PHS, Mr. Umdenstock accompanied Mrs. Gaub on this trip because of complaints Portneuf had made about Mrs. Gaub's performance. (Tharp Aff. Ex. C ("Umdenstock Dep. II") at 71:7-18.)

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