Ahmed v. Mass. Bay Transp. Auth.

• Decision Date: 03 September 2020
• Docket Number: Civil Action No. 18-cv-10847-ADB
• Citation: Ahmed v. Mass. Bay Transp. Auth., Civil Action No. 18-cv-10847-ADB (D. Mass. Sep 03, 2020)
• Parties: HASSAN AHMED, Plaintiff, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, Defendant.
• Court: U.S. District Court — District of Massachusetts

HASSAN AHMED, Plaintiff, v. MASSACHUSETTS BAYTRANSPORTATION AUTHORITY, Defendant.

Civil Action No. 18-cv-10847-ADB

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

September 3, 2020

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION TO STRIKE

BURROUGHS, D.J.

PlaintiffHassan Ahmed("Plaintiff"), an employee with the Massachusetts Bay Transportation Authority ("Defendant"), filed this action against his employer alleging discrimination and retaliation in violation of the Civil Rights Act of 1964,42 U.S.C. § 2000e, et seq., andMassachusetts General Laws Chapter 151B.[ECF No. 1].Presently before the Court is Defendant's motion for summary judgment.[ECF No. 37].For the reasons set forth below, Defendant's motion, [ECF No. 37], is GRANTED in part and DENIED in part.In addition, Plaintiff has filed a motion to strike the affidavit of Daniel Kazakis from the summary judgment record, [ECF No. 45], which Defendant opposes, [ECF No. 47].The Court has not relied upon the affidavit in reaching its findings on summary judgment, therefore the motion to strike, [ECF No. 45], is DENIED as moot.

I.BACKGROUND

A.Factual Background

Except as otherwise noted, the following facts are not in dispute.¹Plaintiff is a practicing Muslim and a Black male of Sudanese descent.[ECF No. 39 ¶ 3("SOF")].On February 9, 2016, he began working for Defendant as a part-time streetcar motorperson on the Green Line, [id.¶ 4], and started an eight-week training program that all new motorpersons are given at the start of their employment, [id.¶ 5].As a new employee, Plaintiff was given copies ofDefendant's policies, "including, among others, the General Rules, Discipline Policy, and Attendance Policy."[Id.¶¶ 6-7].

1.Complaints About Coworkers and Supervisors

Ahlam Samrin ("Samrin") was assigned as a training instructor for Plaintiff and two other trainees, Richard O'Shea("O'Shea") and Armand Ivy("Ivy").[SOF ¶ 8].On March 15, 2016, Ivy submitted a complaint about Samrin's teaching style and tone, though the complaint did not make any reference to discrimination or sexual harassment.[Id.¶¶ 10-11].Defendant investigated the complaint and took statements from Samrin, Plaintiff, and O'Shea.[Id.¶ 12].Plaintiff was advised that there was "no retaliation at the MBTA or in training."[Id.¶ 13(quotingECFNo. 39-1at 97)].Ivy ultimately resigned, citing stress and pressure from Samrin's training, as well as personal concerns about his safety despite the policy of no retaliation.[Id.¶ 15;ECFNo 44-16("SOF Response")at 3(quotingECFNo. 39-2at 5, Ivy's resignation e-mail)].On March 17, 2016, Plaintiff was assigned to a new training instructor, and he completed his training on April 8, 2016.[SOF ¶¶ 16-17].

On April 4 and April 8, 2016, Plaintiff submitted complaints about Samrin.[SOF ¶¶ 18, 23].In both letters, Plaintiff mentioned comments that Samrin had made to him when he was training with her, including comments about "Muslim terrorists."[Id.¶¶ 21, 24;ECFNo. 39-2at 9(April 4th letter);ECFNo. 39-2at 12(April 8th letter)].During his deposition, Plaintiff testified that at a training on emergency evacuations, Samrin said to him, "I hope you are not one of those Muslims blowing shit up."[SOF ¶ 25].In his April 8th letter, Plaintiff reported that, during training, Samrin made the following comment: "When you look at me, do you think of me as one of those girls in a bikini.I bet if I give you my number you'll be calling me all the time asking to go out."[Id.¶ 26].During his deposition, Plaintiff testified that, after askingwhether Plaintiff was single, Samrin told him, "I bet you if you got my phone number you would want to bang me."[Id.¶ 27].He also testified that she touched his inner thigh on several occasions, [id.¶ 29], and caused her breasts to come into contact with his body, [id.¶ 30].Defendant's Office of Diversity and Civil Rights("ODCR") investigated the complaints raised in Plaintiff's April 4th and April 8th letters, and interviewed witnesses Plaintiff identified in the letters.[Id.¶¶ 31-32].ODCR completed its investigation on May 4, 2016, telling Plaintiff that it found insufficient evidence of a violation of Defendant's anti-discrimination/harassment policy and was therefore entering a "no cause" finding.[Id.¶ 33].

On May 19, 2016, Plaintiff and a coworker, Paul Cyr("Cyr"), had an argument, leading Plaintiff to file a complaint stating that he was afraid Cyr was going to hit him.[SOF ¶ 34;SOF Responseat 6;ECFNo. 39-2at 56(complaint)].Plaintiff did not allege that Cyr made any discriminatory remarks or that Cyr was retaliating against Plaintiff for his prior complaints about Samrin.[SOF ¶ 35].²On June 1, 2016, Plaintiff submitted a letter about the incident, which also did not reference discriminatory remarks or retaliation.[Id.¶ 38;ECFNo. 39-3at 4].³That same day, Plaintiff met with Cyr, Annette Gonsalves-Byner("Gonsalves-Byner"), who was aSupervisor of Light Rail Operations, and a union representative to discuss the May 19th incident.[SOF ¶ 36].Plaintiff again did not make any allegations about discrimination or retaliation during that meeting.[Id.¶ 37].

On June 9, 2016, Plaintiff and Cyr had another disagreement.[SOF ¶ 39].Plaintiff filed a new complaint the next day, reporting that Cyr refused to communicate when Plaintiff tried to alert him to a potential problem with a passenger who was laying down in the train.[Id.¶ 41;ECFNo. 39- 3at 6].This complaint also did not make any allegations of discrimination or retaliation.[SOF ¶ 40].During a July 12, 2016 meeting with Plaintiff, Gonsalves-Byers, Cyr, and a union representative, Plaintiff likewise did not make any allegations of discrimination or retaliation.[Id.¶¶ 42-43].That same day, Plaintiff submitted a letter to Defendant outlining the incident and complaining about Cyr.[Id.¶ 44;ECFNo. 39-3at 14].The letter did not make any allegations of discrimination or retaliation.[SOF ¶ 45;ECFNo. 39-3at 14].⁴

Plaintiff testified that on his first day on the job, Inspector Robert Carvalho("Carvalho") said he had heard about Plaintiff and did not appreciate the way Plaintiff had treated Samrin.[ECF No. 44 ¶ 12;ECFNo. 44-1at 27].On July 29, 2016, Plaintiff submitted a letter to Defendant about his interactions with both Cyr and Carvalho, noting that Carvalho had criticized him for frequently arriving late into the station at the end of his runs.[SOF ¶ 46;ECFNo. 39-3at 17].In the letter, Plaintiff stated that he felt he was "being targeted as [a] black Muslim Sudanese-American."[SOF ¶ 46;ECFNo. 39-3at 17].Plaintiff's letter did not describe anyspecific instance of discriminatory conduct or allege that the incidents were in retaliation for his earlier report about Samrin.[SOF ¶ 47].⁵

On August 2, 2016, an attorney submitted a letter to Defendant on Plaintiff's behalf, stating that Plaintiff had "experienced racial, ethnic, and religious harassment in a series of incidents since March 2016, and has been threatened with retaliation as a result of these incidents."[SOF ¶¶ 48-49].The letter did not contain new allegations about Samrin, Cyr, or Carvalho although it did include several new allegations about other coworkers, such as a female coworker's threat to hit Plaintiff, Gonsalves-Byner's alleged statement during the July 12th meeting that she would not take any action against Cyr and that she would file a complaint against Plaintiff, and an allegation that on July 22, 2016, mechanical issues were used to set Plaintiff up for delaying a train.[Id.¶¶ 50-53].

On August 11, 2016, Plaintiff submitted a letter detailing other incidents with coworkers dating back to May 2016.[SOF ¶ 54].In addition to repeating previously reported incidents, Plaintiff stated that some coworkers yelled at him, seemingly for no reason, that Gonsalves-Byner said she would punch Plaintiff if he complained to her again, and that Cyr and Carvalho had asked him about what his attorney had written in the August 2nd letter.[Id.¶ 55-56;ECFNo. 39-3at 26].In addition, Plaintiff stated that, on May 11, 2016, a female coworker threatened to hit him for complaining about Samrin.[SOF ¶ 55;ECFNo. 39-3at 26].

On August 25, 2016, Carvalho spoke to Plaintiff in front of other employees, asking Plaintiff to stop making false allegations about him.[SOF ¶ 60].Plaintiff has alleged generally that Cyr and Carvalho made discriminatory statements to him in 2016, including a commentfrom Carvalho about Muslims "killing each other" and a statement from Cyr that Plaintiff should "go back where [he] came from."[Id.¶¶ 61-62].

On November 23, 2016, Plaintiff filed a complaint with the Massachusetts Commission Against Discrimination("MCAD"), which Defendant received on December 5, 2016.[SOF ¶¶ 109-10].Plaintiff's MCAD complaint alleged that "he(i) was being discriminated against on the basis of his race, religion, and national origin; (ii) had been sexually harassed by Ms. Samrin; and (iii) was being retaliated against for complaining about discrimination and sexual harassment."[Id.¶ 111].

In 2017, Plaintiff complained to Defendant about several interactions with his coworkers.[SOF ¶¶ 112-20].

2.Disciplinary Actions

In August 2016, Plaintiff missed seven days of work in order to serve as a translator for his father, who was hospitalized.[SOF ¶¶ 65-66].Plaintiff was not preapproved for this leave and was not eligible to take leave under the Family and Medical Leave Act("FMLA") because he had not worked enough hours.[Id.¶¶ 67-69].As a result, his absence was deemed an "unexcused absence" under Defendant's attendance policies.[Id.¶ 70].In August 2016, Plaintiff was still on probation as a new employee and as such, any discipline for an attendance violation would be a "Final Warning."[Id.¶¶ 71-72].On September 13, 2016, Plaintiff was issued a Final Warning...