Deonna v. Centre Hills Country Club

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

CHLOE DEONNA, No. 4:21-CV-00331

Plaintiff, (Chief Judge Brann)

v.

CENTRE HILLS COUNTRY CLUB,

Defendant.

MEMORANDUM OPINION

DECEMBER 30, 2022

Plaintiff Chloe DeOnna sues her former employer, Defendant Centre Hills

Country Club (“CHCC”), for violations of Title VII of the Civil Rights Act of 1964,

42 U.S.C. § 2000e et seq. (“Title VII”) and the Pennsylvania Human Relations Act

(“PHRA”), 43 P.S. § 951 et seq. However, the Court’s opinion does not address the

merits of DeOnna’s discrimination claim because CHCC argues that it is not subject

to Title VII. It argues is not an “employer” as that term is defined in Title VII.

Instead, CHCC claims to be a private membership club excluded from Title VII’s

ambit and has moved for summary judgment on DeOnna’s claims based on its

private membership club status.

As is explained below, the Court agrees with CHCC that it is a private

membership club under Title VII and accordingly concludes that summary judgment

is appropriate on DeOnna’s Title VII claim. Because the Court finds summary

judgment appropriate on DeOnna’s Title VII claim, it will decline to exercise

supplemental jurisdiction over DeOnna’s PHRA claim and dismiss it without

prejudice. Therefore, for the reasons that follow, CHCC’s motion is granted in part

and denied in part.

I. BACKGROUND1

A. Underlying Facts

CHCC is a golf club founded in 1921 for the purpose of promoting social

relation through athletics.2 It maintains a facility in State College, Pennsylvania

containing two golf courses, a swimming pool, tennis courts, and dining facilities.3

It operates according to its bylaws, which vest all management authority into a

nine-member Board of Directors.4

CHCC holds events throughout the year. Some are only for members; others

may have both members and nonmembers in attendance. Subject to Board approval,

members may host events or sponsor events for third-party organizations and invite

nonmembers to both.5 They may also invite guests to accompany them when they

attend CHCC.6 Nonmembers who live within seventy-five miles of State College are

limited to using CHCC’s main golf course twice in one year but are not limited in

1 Given the Court’s ultimate disposition of this matter, it only recites the facts relevant to

CHCC’s private membership club status.

2 See CHCC Charter, Doc. 22-9 at 1-2.

3 See CHCC Rules and Regulations, Doc. 22-13 at 2-4; CHCC Bylaws, Doc. 22-12 at 1.

4 CHCC Bylaws, Doc. 22-12 at 1.

5 CHCC Rules and Regulations, Doc. 22-13 at 17.

how many times they can use the nine-hole course.7 A member is allowed a total of

three guests at any one time on the golf course.8 CHCC has also been chosen as the

occasional site for professional golf tournaments.9

Interested individuals may contact CHCC for an application.10 To become a

member of CHCC, an individual must fill out a written application and be sponsored

by a CHCC member in good standing.11 At that point, the individual is a prospective

member and has “very limited access” to CHCC facilities.12 Their name is posted

for all members to see for thirty days, during which CHCC conducts a criminal

background check and any CHCC member may contact CHCC’s Board to relay any

reason that the prospective member should not be admitted.13

At some point during the thirty-day period, the Board votes whether to admit

the prospective member.14 The Board may require the prospective member to attend

meetings and answer questions.15 A prospective member must pay an initiation fee

and then pay annual dues if admitted.16 If admitted, both the member and their spouse

become full members of CHCC, but spouses do not count towards the member

7 Id. at 6.

8 Id.

9 Federal Rule of Civil Procedure 30(b)(6) Dep. of CHCC President Damian Mochan, Doc. 22-6

at 41:17-42:14.

10 Id. at 79:5-80:3.

11 Id. at 75:4-18.

12 Id. 75:18-22.

13 Id. at 75:22-76:15.

14 Id. at 77:15-23.

15 Id. at 78:5-21.

quota.17 CHCC’s Board sets a membership quota, which appears to have been 400

members in 2017.18

B. Procedural History

DeOnna sues CHCC for sex discrimination in violation of both Title VII

(Count I) and the PHRA (Count II).19 CHCC moves for summary judgment on both

claims under Federal Rule of Civil Procedure 56.20 Its motion has been fully briefed

and is ripe for disposition.21

II. LAW

Under Rule 56, summary judgment is appropriate where “the movant shows

that there is no genuine dispute as to any material fact and the movant is entitled to

judgment as a matter of law.”22 Material facts are those “that could alter the

outcome” of the litigation, “and disputes are ‘genuine’ if evidence exists from which

a rational person could conclude that the position of the person with the burden of

proof on the disputed issue is correct.”23 A defendant “meets this standard when

there is an absence of evidence that rationally supports the plaintiff’s case.”24

17 Id. at 77:18-78:1

18 Id. at 76:16-77:3. The membership cap is now 350 members. Id.

19 Compl., Doc. 1 ¶¶ 58-68.

20 CHCC MSJ, Doc. 20.

21 CHCC Br., Doc. 28; CHCC Statement of Facts (“SOF”), Doc. 21; DeOnna Opp. Br., Doc. 34;

DeOnna Resp. to CHCC’s Statement of Facts (“RSOF”), Doc. 35 ¶¶ 4-6, 40-44; CHCC Reply,

Doc. 36.

22 Fed. R. Civ. P. 56(a).

23 EBC, Inc. v. Clark Bldg. Sys., Inc., 618 F.3d 253, 262 (3d Cir. 2010) (quoting Clark v. Modern

Grp. Ltd., 9 F.3d 321, 326 (3d Cir. 1993)).

Conversely, to survive summary judgment, a plaintiff must “point to admissible

evidence that would be sufficient to show all elements of a prima facie case under

applicable substantive law.”25

The party requesting summary judgment bears the initial burden of supporting

its motion with evidence from the record.26 When the movant properly supports its

motion, the nonmoving party must then show the need for a trial by setting forth

“genuine factual issues that properly can be resolved only by a finder of fact because

they may reasonably be resolved in favor of either party.”27 The United States Court

of Appeals for the Third Circuit explains that the nonmoving party will not withstand

summary judgment if all it has are “assertions, conclusory allegations, or mere

suspicions.”28 Instead, it must “identify those facts of record which would contradict

the facts identified by the movant.”29

In assessing “whether there is evidence upon which a jury can properly

proceed to find a verdict for the [nonmoving] party,”30 a court “must view the facts

and evidence presented on the motion in the light most favorable to the nonmoving

party.”31 Moreover, “[i]f a party fails to properly support an assertion of fact or fails

25 Id.

26 Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986).

27 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986).

28 Betts v. New Castle Youth Development Center, 621 F.3d 249, 252 (3d Cir. 2010).

29 Port Authority of N.Y. and N.J. v. Affiliated FM Insurance Co., 311 F.3d 226, 233 (3d Cir.

2002) (quoting Childers v. Joseph, 842 F.2d 689, 694-95 (3d Cir. 1988)).

30 Liberty Lobby, 477 U.S. at 252 (quoting Schuylkill & Dauphin Imp. Co. v. Munson, 81 U.S.

442, 448 (1871)).

to properly address another party’s assertion of fact as required by Rule 56(c),” the

court may “consider the fact undisputed for purposes of the motion.”32 Finally,

although “the court need consider only the cited materials, . . . it may consider other

materials in the record.”33

III. ANALYSIS

A. Title VII’s Private Membership Club Exemption

DeOnna brings her claims under Title VII and the PHRA. Title VII regulates

discrimination in American workplaces, prohibiting workplace discrimination on the

basis of race, color, religion, sex, or national origin.34 Accordingly, it applies to

employers, which are defined in Title VII as people or entities “engaged in an

industry affecting commerce” who employ fifteen or more other people.35 But the

class of employers regulated by Title VII does not include “bona fide membership

club[s] . . . which [are] exempt from taxation under [26 U.S.C. § 501(c)].”36

The parties agree as to the test for identifying a bona fide membership club.37

The test comes from the EEOC’s Compliance Manual and was adopted in large part

by the United States Court of Appeals for the Seventh Circuit in EEOC v. Chicago

32 Fed. R. Civ. P. 56(e)(2); see also Weitzner v. Sanofi Pasteur Inc., 909 F.3d 604, 613-14 (3d

Cir. 2018).

33 Fed. R. Civ. P. 56(c)(3).

34 See 42 U.S.C. § 2000e-2.

35 42 U.S.C. § 2000e(b).

36 Id.

Club, which appears to be the only published appellate decision applying the bona

fide membership club exemption to Title VII.38

First, as explicitly expressed in 42 U.S.C. § 2000e(b), to be a private

membership club, an organization must be “exempt from taxation under [26 U.S.C.

§ 501].” DeOnna concedes that CHCC is a tax-exempt entity under section 501, so

there is no factual dispute on this element.39

Second, “an organization is a bona fide private membership club if: (1) it is a

club in the ordinary and common meaning of that word; (2) it is private; and (3) it

requires meaningful conditions of limited membership.”40 To assess whether an

organization is “private,” courts consider “(1) the extent to which it limits its

facilities and services to club members and their guests; (2) the extent to which

and/or the manner in which it is controlled or owned by its membership; and (3)

whether, and, if so, to what extent and in what manner[,] it publicly advertises to

38 86 F.3d 1423, 1433 (7th Cir. 1996). In their papers, both DeOnna and CHCC cite to Title II

cases. DeOnna asks the Court to not rely on CHCC’s Title II cases on the merits of her claim,

see DeOnna Opp. Br., Doc. 34 at 19 n.3, despite her own citation to Title II cases to argue that

CHCC carries the burden to show the private club exclusion applies to it, see id. at 13-14.

Admittedly, the EEOC’s test and the test used in Title II cases share some criteria. Compare

Chicago Club, 86 F.3d at 1433 (adopting the EEOC test), with United States v. Lansdowne

Swim Club, 713 F. Supp. 785, 796 (E.D. Pa. 1989) (building an eight-factor test from Title II

case law, which includes “[w]hether the club advertises for members,” its nonprofit status, and

the “use of the facilities by nonmembers,” among others), aff’d, 894 F.2d 83 (3d Cir. 1990). In

Lansdowne, a Title II case, the Third Circuit rejected a defendant’s argument that the EEOC’s

definition should guide the application of the private club exception in Title II. See 894 F.2d

at 85 n.3. This matter presents the reverse situation. Therefore, the Court does not find Title II

case law persuasive to the extent that it relies on factors that do not closely resemble the factors

in the EEOC’s test adopted by the Seventh Circuit in Chicago Club.

39 Letter from Brian C. Farrell, Esq., Doc. 44.

solicit members or to promote the use of its facilities or services by the general

public.”41 “With respect to conditions of membership, [the] EEOC identifies the

membership’s size, limitations thereon, and eligibility requirements as relevant

considerations.”42 DeOnna concedes the second factor of the “private” analysis, that

CHCC is “controlled or owned by [its] membership.”43

Although they agree to the relevant test, the parties dispute over who carries

the burden of proof with respect to the test laid out above. In its prior Order, the

Court concluded that DeOnna carried the burden because Title VII excludes private

membership clubs from its definition of employers subject to Title VII’s

requirements.44 As the Seventh Circuit concluded in Chicago Club, a party seeking

the benefit of a statutory exception carries the burden to show that the exception

applies to it.45 But a party seeking to include another otherwise exempted party

within the reach of a statute—as DeOnna seeks to do here—carries the burden to

show that the exempted party is not entitled to that exemption.46 Accordingly,

DeOnna carries the burden.

41 Id.

42 Id.

43 DeOnna Opp. Br., Doc. 34 at 14, 14 n.1.

44 December 16, 2022 Order, Doc. 40 at 1-2 (citing Chicago Club, 86 F.3d at 1429).

45 Chicago Club, 86 F.3d at 1429 (citing Mills Music, Inc. v. Snyder, 469 U.S. 153, 188 n. 20

(1985) (White, J., dissenting); United States v. Columbus Country Club, 915 F.2d 877, 881-82

(3d Cir. 1990)).

46 Id. (citing Ryan v. Carter, 93 U.S. 78 (1876); United States v. Dickson, 40 U.S. 141, 165

The Court will begin by discussing the first two elements of the exemption

together: whether CHCC is a club and whether it is a private club. Then the Court

will address CHCC’s conditions on membership, the third element.

B. CHCC Is A Private Club

As stated above, to be a bona fide membership club, CHCC must both be “a

club in the ordinary and common meaning of that word” and be “private.”47 The

EEOC has adopted the dictionary definition of “club,” defining it as “an association

of persons for social and recreational purposes or for the promotion of some common

object (as literature, science, political activity) usually jointly supported and meeting

periodically, membership in social clubs usually being confirmed by ballot and

carrying the privilege of use of the club property.”48 DeOnna does not appear to

contest that CHCC is an organization that promotes social and recreational purposes

or that its members are elected into CHCC and are privileged to use CHCC

property.49 Therefore, the undisputed facts show that CHCC meets the ordinary

definition of “club.”

To determine whether a club is private, the Court considers (1) “the extent to

which it limits its facilities and services to club members and their guests”; (2) “the

47 Chicago Club, 86 F.3d at 1433.

48 EEOC, Section 2 Threshold Issues, No. EEOC-CVG-2000-2 (2000) (quoting Quijano, 617

F.2d at 131). This document, which is part of the EEOC’s sub-regulatory guidance, superseded

the EEOC Compliance Manuals that the Chicago Club court cited. See id.

49 DeOnna RSOF, Doc. 35 ¶¶ 4-6, 40-44. Although DeOnna argues that CHCC has

impermissibly allowed nonmembers to use its facilities, the definition of club adopted by the

EEOC does not consider the presence of nonmembers. DeOnna’s arguments about nonmember

extent to which and/or the manner in which it is controlled or owned by its

membership”; and (3) “whether, and, if so, to what extent and in what manner[,] it

publicly advertises to solicit members or to promote the use of its facilities or

services by the general public.”50 DeOnna argues CHCC is not private because it

impermissibly allows nonmembers to use its property. The Court next addresses the

elements of the “private” analysis.

1. CHCC Limits Its Facilities and Services to Club Members

and Their Guests

DeOnna alleges that guests of these events “enjoy[ed] unlimited access to

[CHCC’s] property.”51 She therefore argues that CHCC does not distinguish

between members and nonmembers at all and accordingly should not be able to

claim it is “private.” For that proposition, DeOnna cites to EEOC v. University Club

of Chicago.52 There, the court concluded that the 3000-member University Club of

Chicago treated members and nonmembers alike, because it issued guest cards to

nonmembers that allowed them to access all of the Club’s facilities without being

accompanied by a member.53 The court also noted that nonmember guests could host

their own events.54 Even third-party organizations without any relation to a member

50 Chicago Club, 86 F.3d at 1433. Again, DeOnna concedes the second element of that analysis.

DeOnna Opp. Br., Doc. 34 at 14 n.1.

51 Id. at 19.

52 763 F. Supp. 985 (N.D. Ill. 1991).

53 Id. 987-88.

were allowed to host events.55 Those lax restrictions undermined the Club’s

“private” status.56

The Court agrees with DeOnna that if there was no meaningful distinction

between guests and members, CHCC could not be a private club. But the Chicago

Club court concluded that requiring any guest to be invited by a member was a

sufficient restriction to maintain a club’s privacy and that there was no need to show

“depth of intimacy” between the member and their guest.57 Therefore, DeOnna must

show that CHCC’s restrictions on guests are akin to the lax restrictions in University

Club, which she ultimately fails to do.

a. Guest Access at CHCC

First, DeOnna fails to show that guests had “unfettered access” to CHCC at

events throughout the relevant period of 2015 to 2018.58 Her arguments fall along

two related lines: (1) that CHCC held events without meaningful restrictions on who

could attend them as guests and (2) that CHCC held events for third-party

organizations with limited control over the attendance at said events. Neither of these

arguments establish that CHCC’s guest restrictions are sufficiently lax to conclude

that it is not a private club.

55 Id.

56 Id.

57 86 F.3d at 1436.

CHCC’s rules provide that “guest[s] may use the Club when escorted by a

member.”59 “Members of the Club are responsible for the character and conduct of

any persons whom they invite onto Centre Hills Country Club premises” and that

“[a] guest must be escorted by a member at all times; however, exceptions may be

made with approval of the General Manager or his/her designee.”60 Guests may

“may play the [original] course a total of two times on the original 18 holes

(excluding member-guest tournaments) during any year, regardless of the number of

members introducing them.”61

As for events, “a member must sponsor the function, must be in attendance,

and must accept responsibility for the conduct and attire of guests.”62 Of course,

CHCC’s rules do not dictate whether it is a private club, it must adhere to its

restrictions on guests to maintain its status. The Court now turns to CHCC’s actual

practices.

It appears that nonmembers had the most access when they attended golf

tournaments held at CHCC. In most tournaments, nonmembers were allowed to

access the CHCC pro-shop, locker rooms, and certain dining facilities.63 But there

were other areas of the club, including the Grill Room, which were restricted to

59 CHCC Rules and Regulations, Doc. 22-13 at 17.

60 Id. at 15. The rules also provide that

61 Id. at 6. Guests were allowed to play on the “new course” an unlimited number of times as

long as they are accompanied by a member. Id.

62 Id. at 19.

63 See DeOnna Resp. to CHCC’s Statement of Facts (“RSOF”), Doc. 35 ¶ 8 (citing Mochan Dep.,

members.64 DeOnna makes much of the number of areas the club could access but

ignores the context of the nonmembers’ access.65 It is perfectly reasonable that

nonmembers visiting CHCC a golf club for a golf tournament had access to most of

the facilities relevant to the sport of golf. It is also reasonable that most of the

facilities available at CHCC—again, a golf club—are related to playing golf. Even

so, it appears that at most tournaments—if not all—CHCC only allowed nonmember

guests to use certain facilities at certain times.66

As laid out above, there are clear restrictions on nonmembers who attend

functions at CHCC both in CHCC’s rules and in practice. The record does not show

any instance where CHCC failed to adhere to its rules with respect to its tournaments,

but even occasional departures are insufficient to overcome private membership

status.67 DeOnna therefore fails to establish a material factual dispute that CHCC

treats members and nonmembers alike in their access to CHCC facilities.

64 It appears that guests who were specifically invited by CHCC members could access any area

a member could so long as they were accompanying the member who invited them.

65 DeOnna Opp. Br., Doc. 34 at 18.

66 See Mochan Dep., Doc. 22-6 at 13:4-18, 18:17-19:16, 21:16-20, 27:19-29:6.

67 See Chicago Club, 86 F.3d at 1436 (finding two instances of events of nonmember

organizations hosting events without hosting members insignificant); Kelsey v. U. Club of

Orlando, Inc., 845 F. Supp. 1526, 1530 (M.D. Fla. 1994) (finding “isolated accounts of

incidents when members failed to abide by [the] defendant’s rules” de minimis); Thomas, 2021

WL 716703, at *6 (finding the defendant was “still is a bona fide private membership

organization even though nonmember guests and employees may use certain amenities on a

b. CHCC’s Relationships With Other Organizations

DeOnna next argues that CHCC’s hosting events for third-party organizations

undermines its private nature.68 These events break into two categories: events for

organizations connected to a CHCC member and events for organizations

unconnected to any individual CHCC member. As is explained below, DeOnna’s

second argument fares no better than her first.

With respect to the first category, DeOnna argues that CHCC did not set

meaningful restrictions on what sort of a relationship a member had to have with the

third-party organization. The most prominent example of this is an annual

tournament held at CHCC for the Pennsylvania Special Olympics. CHCC would

have one of its members sponsor the event each year, but the member usually had

no relation to the Special Olympics.69 Despite DeOnna’s arguments to the contrary,

CHCC’s practice does not undermine its status. Even if a member sponsored the

tournament at CHCC’s behest, the member still must do so of their own volition and

assume responsibility for the event.70 Their reason for sponsoring is immaterial.

Other examples include a tournament held by a CHCC member who served

as president of a local bank and hosted the tournament for the bank’s customers,

some of whom were also CHCC members71; a similar tournament held for a local

68 See DeOnna Opp. Br., Doc. 34 at 18.

69 Mochan Dep., Doc. 22-6 at 14:15-15:15.

70 See Thomas v. Buffalo Club, 2021 WL 716703, at *6 (W.D.N.Y. Feb. 24, 2021) (rejecting a

similar argument for the same reasons).

Catholic school hosted by several CHCC members who also served on the board of

the school72; and a round of an international tournament sponsored by Audi and

hosted by a CHCC member who owned local car dealerships.73 The record is clear

that each of these events shared the same essential features: member sponsorship

and limited access for nonmember guests.74 Therefore, these events to not strip

CHCC of its private-club status.

However, there are several events that were not sponsored by any individual

CHCC member.75 Several of these “club-sponsored” events were member-guest

torments, in which a CHCC member could invite one guest to play.76 Although

guests were not restricted to certain areas of the club, they were essentially allowed

wherever their inviting member went.77 Other tournaments involved CHCC

members competing against teams of members from other clubs throughout the

year.78 It is not clear that each non-CHCC-member participant was invited by a

member, but the nonmember participants were still restricted in their use of the

72 Id. at 49:15-20, 56:2-57:21.

73 Id. at 57:17-59:1.

74 All other tournaments and events held at CHCC were sponsored by members, and where the

event was held for a third-party organization, the sponsoring member had “direct ties” to the

organization. Id. at 59:14-61:6.

75 Id. at 41:17-44:32.

76 Id. at 40:14-41:2.

77 Id. at 41:3-19; contra University Club, 763 F. Supp. at 988 (“The uncontested facts also show

that the persons the University Club designates as guests are not guests in the usual sense of

the word. For example, there is no requirement that the ‘guest’ be accompanied by his or her

‘host.’”).

facility and CHCC members still had to sponsor the event, even though the

nonmembers were billed separately.79

Two additional club-sponsored events were golf tournaments held at CHCC

by the Professional Golfers Association (“PGA”), one for qualifying senior golfers,

the other for qualifying juniors.80 Although CHCC did not control who qualified and

could play in those tournaments, attendees were again restricted to certain areas of

the club.81 Nonparticipant spectators were allowed to attend, but CHCC retained

some control over nonparticipant attendance.82 It appears some CHCC members

played in both of those tournaments, but the number is small.83

Another club-sponsored event was a tournament held by CHCC’s course

superintendent for superintendents from other clubs, in which no CHCC members

played.84 That event involved about sixteen nonmembers and CHCC had complete

control over the attendance and other aspects of the event; the attendees were only

allowed to play the course.85

DeOnna lastly relies on a bridal shower held at CHCC for an employee paid

for by that employee’s family. CHCC’s manager approved the event, but it was not

member-sponsored and involved about fifteen people, none of whom were CHCC

79 Id. at 28:11-29:1.

80 Id. at 49:2-9, 53:4-55:16.

81 Id. at 44:7-23 (senior tournament); id. at 53:4-15 (junior tournament).

82 Id. at 45:7-46:9 (senior tournament); id. at 54:2-55:16 (junior tournament).

83 Id. at 43:20-24 (senior tournament); id. at 53:10-15 (junior tournament).

84 Id. at 50:1-51:3.

members.86 Although the event was held in specific rooms, it does not appear that

the attendees were otherwise restricted in their access to CHCC.87

Although all of these events had a significant nonmember presence and no

sponsorship by an individual member, they are isolated instances occurring over a

four-year period, and therefore not “significant breach[es] of [CHCC’s]

privateness.”88 The Court accordingly concludes that there is no material dispute of

fact regarding the extent to which CHCC limited its facilities to its members.

2. CHCC Does Not Publicly Advertise or Solicit New

Membership

DeOnna argues that CHCC advertises and actively solicits members through

its website.89 But she offers nothing to support her argument beyond the fact that

CHCC has a public website through which one can obtain a membership application

or request more information.90 The Court rejects DeOnna’s invitation to hold that a

static website offering information about joining an organization constitutes active

solicitation or advertisement for new members.91 Accordingly, DeOnna fails to

create a genuine dispute of material fact regarding the extent to which CHCC

86 Dep. of Jennifer Read, Doc. 22-7 at 29:3-30:4.

87 Id. at 33:8-15.

88 Chicago Club, 86 F.3d at 1436; see also Thomas, 2021 WL 716703, at *6 (“[T]he Club still is

a bona fide private membership organization even though nonmember guests and employees

may use certain amenities on a limited basis.”).

89 DeOnna Opp. Br., Doc. 34 at 20.

90 See DeOnna RSOF, Doc. 35 ¶ 31.

91 See Chicago Club, 86 F.3d at 1435 (“Prudently increasing membership to increase revenue

while not abandoning selective membership practices exhibits nothing more than fiscal

advertises or solicits new members. The record shows that CHCC consistently

followed its guest policies and consistently restricted nonmembers to certain areas

of its facilities. DeOnna therefore fails to materially dispute that CHCC is a club in

the ordinary sense of that word or that it is private.

C. CHCC is Sufficiently Selective In Its Membership Criteria

With regard to CHCC’s lack of selectiveness, DeOnna points to several

aspects of CHCC’s application process: (1) CHCC has a publicly available website

and does not charge an application fee, (2) spouses (and to a limited extent,

dependents) of admitted members are afforded full membership without restriction

and do not count towards the membership cap, (3) CHCC’s background check is

merely a Google search, and (4) CHCC has accepted every applicant for membership

except one.92 The Court concludes that none of these aspects undermine CHCC’s

selectivity in choosing its members.

It would appear that anyone can request a membership application to CHCC.

But who can obtain an application and who is actually selected for membership are

two different aspects of the application process. Only the latter affects an

organization’s selectivity. As for the application fee, although it does not appear that

a member must pay for the privilege of applying, they must submit a check covering

CHCC’s initiation fee along with their application.93 It is unclear if CHCC cashes

92 DeOnna Opp. Br., Doc. 34 at 20.

the check immediately or only when the member is fully admitted, but clearly a

prospective member must take on some financial impairment to apply. That weighs

toward private membership club status. Whether this is called an “application fee”

or an “initiation fee” is an irrelevant matter of nomenclature.

Other than disputing whether a membership committee made up of CHCC

members makes a recommendation to the Board regarding an applicant and the

nature of the background check CHCC runs, DeOnna does not dispute how the

membership process operates.94 That process is consistent with the membership

processes approved by other courts applying the private membership club analysis:

an applicant must be sponsored by a current member and voted in by the

organization.95 As for DeOnna’s dispute regarding the membership committee, the

Court will infer in her favor that there is no membership committee recommendation

made to the Board. Although the added procedural step would slightly weigh in favor

of private club status, DeOnna does not dispute the more important

member-sponsorship or Board-vote requirements.

DeOnna next points to the fact that upon admission, a member’s spouse and

dependents are also admitted without having to satisfy any criteria. First, it appears

that should CHCC have concerns about a prospective member’s spouse, it can

94 See DeOnna RSOF, Doc. 35 ¶¶ 32-44.

95 See Mochan Dep., Doc. 22-6 at 75:4-76:15; Chicago Club, 86 F.3d at 1436-37 (similar

procedures). Contra University Club, 763 F. Supp at 989-90 (explaining that the only criterion

enforced by the defendant was the “requirement that resident and non-resident members have

require the member or spouse to answer questions before accepting or rejecting

them.96 Second—and more fundamental—is the fact that membership of a

prospective member’s family rises and falls with the member.97 Therefore, any

criteria that apply to that member in essence applies to his or her family. Any CHCC

member who sponsors an individual effectively sponsors that individual’s

dependents and spouse for membership.

DeOnna’s argument that members’ spouses and dependents are not subject to

the membership cap fares no better. With respect to spouses, their admission, at

most, doubles the membership. Although it is unclear what happens to dependents

of members when they turn twenty-five, the Court will assume in DeOnna’s favor

that they are accepted into CHCC’s membership.98 That could substantially increase

CHCC’s membership.

The Chicago Club court noted that “[a]n organization’s size may inform its

private or nonprivate status to the extent that it illuminates the organization’s

membership admission practices,” but “[t]he size of an organization is not, without

more, probative of its privateness.”99 The EEOC disagrees with the Seventh Circuit’s

96 See id. at 78:5-21.

97 See id. at 76:5-9.

98 CHCC’s rules state that “[a]t the point in time when a person is no longer qualified to be a

Junior member, he/she will be accepted to Active or Young Adult status on an exception to

quota basis.” CHCC Rules and Regulations, Doc. 22-13 at 5. It is unclear whether dependents

are excepted from the quota entirely or subject to the quota with discretionary exceptions.

99 Chicago Club, 86 F.3d at 1435 (citing Welsh v. Boy Scouts of America, 993 F.2d 1267, 1276-77

conclusion that a private club’s size, by itself, is irrelevant, maintaining that “[a]

large membership suggests that an organization should not fall within the exemption

because large membership inhibits intimacy in association, prevents full

participation by all members, and suggests that a club is not exclusive.”100 It is

unclear what the EEOC means by a “large” organization.

The University Club court, in addition to considering the University Club’s

size, considered the fact that the 3000-member organization continued to approve

members after its cap was reached (although it did not inform the member until there

was a spot available) and the fact that no one was ever rejected due to the

membership cap.101 The Chicago Club court simply noted that the Chicago club’s

membership was below the maximum authorized by its bylaws.102

In any event, the Court does not discern a real difference between the Seventh

Circuit’s position that “[t]he size of an organization is not, without more, probative

of its privateness” and the EEOC’s position that large organization suggests that the

organization is not exclusive.103 If a large organization’s size actually impedes its

membership from accomplishing the organization’s purpose, size may affect

whether the organization is a private club. But even with all inferences in her favor,

DeOnna fails to show that CHCC’s size affects its private status. She presents no

100 Section 2 Threshold Issues, supra note 32.

101 See 763 F. Supp at 986.

102 Chicago Club, 86 F.3d at 1435

evidence that CHCC’s membership has grown so large that is an obstacle to CHCC’s

goals of fostering relationships between its members.

As for the background check, DeOnna offers no support for her bald assertion

that all CHCC runs is a Google search on the applicant. CHCC’s process is

admittedly simple, but there is no requirement that private clubs must force their

applicants to run a gauntlet to retain their private status. Moreover, CHCC’s reliance

on member sponsorship is already meaningfully selective.104

DeOnna last cites to CHCC’s high acceptance rate as an indication that it is

not a private club. This argument ignores the self-selecting nature of private club

membership.105 Given the need for a sponsorship by current member of CHCC, it is

entirely unsurprising that CHCC accepts most of its applicants. This factor does not

weigh in favor of finding that CHCC is not a private club.

At most, DeOnna has identified occasional drift from CHCC’s policies

throughout the relevant period. The Court does not find these minor instances to

create a material dispute of fact. Therefore, it concludes that CHCC is a private

membership club under 42 U.S.C. § 2000e(b) and exempt from DeOnna’s Title VII

suit. In light of that conclusion, the Court need not address the CHCC’s

104 See id. at 1436-37.

105 See id. at 1436 (“One presumably affiliates with a private club because of the community of

interests or agendas shared by the membership. The integrity of those common interests or

agendas has much at stake in the membership selection process, and membership participation

in the selection of new members is a crucial attribute of a private club. By participating in the

selection process, members guarantee that the interests they share with other members will

administrative exhaustion defense or the merits of DeOnna’s discrimination claim.

Accordingly, summary judgment is appropriate on Count I.

D. The Court Will Not Exercise Supplemental Jurisdiction Over

DeOnna’s PHRA Claim

The Court had federal question jurisdiction over DeOnna’s Title VII claim

under 28 U.S.C. § 1331. However, now that the Court has granted summary

judgment in CHCC’s favor because it is a private membership club, the only basis

for retaining this matter in federal court is supplemental jurisdiction, as governed by

28 U.S.C. § 1367.

Section 1367(c)(3) “provides that ‘[t]he district court may decline to exercise

supplemental jurisdiction over a claim’ if “the district court has dismissed all claims

over which it has original jurisdiction.”106 The Court has now granted summary

judgment on DeOnna’s Title VII claim, the only claim over which it had original

jurisdiction. Therefore, the Court must determine whether exercising supplemental

jurisdiction is appropriate, considering “judicial economy, convenience and fairness

to the litigants.”107 Given the language of section 1367(c)(3), it appears that dismissal

of state-law claims is appropriate on the sole basis that the federal claims have been

dismissed.108

106 Annulli v. Panikkar, 200 F.3d 189, 202 (3d Cir. 1999), overruled on other grounds by Rotella

v. Wood, 528 U.S. 549 (2000) (quoting 28 U.S.C. § 1367(c)(3)).

107 New Rock Asset Partners v. Preferred Entity Advancements, Inc., 101 F.3d 1492, 1505 (3d Cir.

1996) (quoting United Mine Workers v. Gibbs, 383 U.S. 715, 726-27 (1966)).

108 See Kach v. Hose, 589 F.3d 626, 650 (3d Cir. 2009) (“Here, the District Court plainly

As for economy, convenience, and fairness, the Court recognizes that the

parties have invested a considerable amount of time and resources in this matter. The

Court appreciates their investment. But dismissal of supplemental claims is the risk

federal plaintiffs run when they choose to file in courts of limited jurisdiction.109

Moreover, the same evidence can be used to litigate DeOnna’s PHRA claim in state

court.110 Indeed, the Third Circuit affirmed an order of this Court, issued by the late

Honorable Malcolm Muir, declining to exercise jurisdiction in a case with “1,800

pages of deposition testimony, and 2,800 pages of discovery documents” where the

defendants filed their motion for summary judgment on the eve of trial.111

Here, by contrast, the Court has not yet addressed the merits of DeOnna’s

discrimination claim in ruling on CHCC’s motion. Nor has this matter been set for

a trial date.112 Furthermore, it is not entirely clear that the PHRA exempts clubs like

CHCC in the same way that Title VII does.113 Therefore, the Court will decline to

but, having dismissed all of her federal claims, declined to do so for a reason that Congress

explicitly green-lighted under these circumstances.”).

109 See Annulli, 200 F.3d at 202-03 (collecting cases in which courts dismissed supplemental

claims in situations similar to this matter).

110 See Knabe v. Boury Corp., 114 F.3d 407, 410 n.5 (3d Cir. 1997) (“Employer liability under

the [PHRA] follows the standards set out for employer liability under Title VII.” (citing Hoy

v. Angelone, 691 A.2d 476 (Pa. 1997)).

111 Annulli, 200 F.3d at 202-03; see also id. at 203 (noting that the plaintiff could use the same

evidence to pursue its claims in state court).

112 See July 20, 2022 Order, Doc. 38 (removing this matter from the November 2022 trial list to

be rescheduled after resolution of any dispositive motions).

113 In most circumstances, “[t]he proper analysis under Title VII and the [PHRA] is identical, as

Pennsylvania courts have construed the protections of the two acts interchangeably.” Weston

v. Pennsylvania, 251 F.3d 420, 425 n.3 (3d Cir. 2001), overruled in part on other grounds

by Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006); see also Jones v. Sch. Dist.

of Philadelphia, 198 F.3d 403, 410 (3d Cir. 1999). But that is not always the case, especially

exercise supplemental jurisdiction and dismiss Count II of DeOnna’s complaint

without prejudice114

IV. CONCLUSION

DeOnna has failed to establish a material dispute of fact as to CHCC’s status

as a private membership club. Therefore, summary judgment is appropriate on her

Title VII claim because CHCC is not subject to Title VII. That leaves only DeOnna’s

PHRA claim, which does not have an independent basis for federal jurisdiction. The

Court declines to exercise supplemental jurisdiction over DeOnna’s PHRA claim

because it has dismissed all federal claims. The Court’s disposition of the instant

motion has no effect on the merits of DeOnna’s PHRA claim, and it appears that the

PHRA defines employers, in relevant part, as “any person employing four or more persons

within the Commonwealth [of Pennsylvania]” but does not include “religious, fraternal,

charitable or sectarian corporations or associations.” 42 P.S. § 954(b). That exemption is

somewhat similar to the Title VII exemption. However, unlike Title VII, the PHRA provides

that “[t]he term ‘employer[,]’ with respect to discriminatory practices based on race, color,

age, sex, national origin or non-job related handicap or disability, includes religious, fraternal,

charitable and sectarian corporations and associations employing four or more persons within

the Commonwealth.” Id. It is possible that CHCC is a fraternal organization under the PHRA,

but there does not appear to be any precedent interpreting the scope of that exemption.

However, it also appears that CHCC employs more than four people. See, e.g., Dep. of Chloe

DeOnna, Doc. 22-1 at 39:14-17; Dep. of David Krauth, Doc. 22-4 at 12:13-13:5; Dep. of

Elizabeth Mischock, Doc. 22-5, at 16:4-11; Dep. of Jennifer Reagan, Doc. 22-7 at 12:4-11;

Dep. of Brandin Gray, Doc. 22-8 at 7:8-22 (indicating that Gray worked at CHCC and had ten

employees under his supervision). Therefore, the Court notes—but does not decide—that for

the purposes of DeOnna’s PHRA claim—which alleges that CHCC engaged in discriminatory

practices—CHCC is an employer subject to the PHRA. Although this does not appear to be a

complex or novel issue as the statute as to justify declining jurisdiction under 28 U.S.C. §

1367(c)(1), it militates in favor of declining jurisdiction over concerns of comity. See Gibbs,

383 U.S. at 726.

PHRA does not similarly exempt CHCC. For the foregoing reasons, CHCC’s

Motion for Summary Judgment is granted in part and denied in part.

An appropriate Order follows.

BY THE COURT:

s/ Matthew W. Brann

Matthew W. Brann

Chief United States District Judge