Equal Emp't Opportunity Comm'n v. JBS United States, LLC

• Decision Date: 19 August 2016
• Docket Number: 8:10CV318
• Parties: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, ABDI MOHAMED, et al., Plaintiffs/Intervenors, FARHAN ABDI, et al., Plaintiffs/Intervenors, v. JBS USA, LLC, Defendant.
• Court: U.S. District Court — District of Nebraska

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,ABDI MOHAMED, et al., Plaintiffs/Intervenors,FARHAN ABDI, et al., Plaintiffs/Intervenors, v. JBS USA, LLC, Defendant.

8:10CV318

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

August 19, 2016

MEMORANDUM AND ORDER

This matter is before the Court on the Motion for Partial Judgment on the Amended Phase II Pleadings (Filing No. 751), the Motion to Dismiss Parties (Filing No. 781), and Motion for Summary Judgment (Filing No. 791), each filed by Defendant JBS USA, LLC ("JBS"). For the reasons stated below, the Motion for Partial Judgment on the Pleadings will be granted in part and denied in part; the Motion to Dismiss Parties will be granted; and the Motion for Summary Judgment will be granted.

PROCEDURAL BACKGROUND

I. Phase I and Bifurcation

On April 15, 2011, Plaintiffs filed a joint Bifurcation Agreement to divide discovery and trial into two phases. Phase I involved pattern-or-practice claims presented by the Equal Employment Opportunity Commission ("EEOC"). (See Filing Nos. 76 at 3, 76-1.) Phase II was to address all individual claims for relief, and "[a]ny claims for which no pattern or practice liability was found in Phase I and any claims not tried in Phase I [to] be tried under the traditional McDonnell-Douglas burden-shifting paradigm [in Phase II], including all claims of harassment/hostile work environment," as well as "[i]ndividual entitlement to back pay, compensatory, and punitive damages." (Filing No. 76.1 at 5.) On May 26, 2011, the Court adopted the Bifurcation Agreement. (Filing No. 81.)

Discovery proceeded, and trial was held on the EEOC's pattern-or-practice claims from May 7, 2013, through May 17, 2013. At the close of the EEOC's evidence, JBS made an oral motion for judgment on partial findings pursuant to Fed. R. Civ. P. 52(c). Based on the agreement of the parties as reflected in the Final Pretrial Order, the Court permitted the submission of deposition designations and objections after the close of trial. (See Filing No. 479 at 12.) On July 1, 2013, the EEOC submitted deposition designations in support of, and in addition to, testimony and evidence presented at the Phase I trial. On October 11, 2013, the Court issued its Findings of Fact and Conclusions of Law. (Filing No. 516.) The Court concluded that although the EEOC established a prima facie case of denial of religious accommodation, the requested accommodations imposed an undue burden on JBS.

II. Structure of Phase II Claims

Plaintiffs remaining at the Phase II stage of proceedings include the EEOC and several individual Plaintiff/Intervenors. For purposes of this Motion, the Plaintiff/Intervenors who remain are divided into three categories, based on their representation by different counsel, or no counsel. The first category consists of Plaintiff/Intervenors Abdi Mohamed, et al. ("First Intervenors"). The second category consists of Plaintiff/Intervenors Farhan Abdi, et al. ("Second Intervenors"). The thirdcategory consists of Plaintiff/Intervenors no longer represented by counsel ("Pro Se Intervenors").

These categories are not to be confused with groupings used for purposes of discovery in the parties' Joint Proposal for Groupings of Claimants and Case Progression for Phase II, adopted by the Court on May 1, 2015 (the "Groupings Order"). (See Filing No. 665 at 1.) The Joint Proposal divided remaining claimants into three groups for purposes of Phase II: Group A included individuals whose employment ended prior to September 18, 2008. Group B included individuals whose employment ended as part of the "mass termination" on September 18 and/or 19, 2008. Group C included individuals whose employment ended after September 19, 2008, or who remained employed by JBS. Discovery for Group B proceeded first. The Plaintiffs collectively selected two claimants from Group B and JBS selected two claimants from Group B, for Phase II discovery. Discovery and trial for Groups A and C are to commence after the Group B trial.

III. Remaining Intervenors and Claims First Intervenors

First Intervenors include Asha Abdi, Fatuma Abdullahi, Sirad Adan, Mohamud Ali, Ahmed Dalmar, Fartun Farah, Mohamed Jama Farah, Mohamed Mohamed, Ahmed Qurey, Istar Said, Shukri Wais, Fartun Warsame, and Burhan Yusuf. (Third Am. Compl., Filing No. 721 at 5-6.) The Court notes that Intervenors Hodan Abdulle, Shamso Abshir, Astur Egal, Khadija Hassan, Khadro Osman, and Deeq Said are all listed in the caption of First Invervenors' Third Amended Complaint and in the List of Phase II Aggrieved Individuals and Phase II Claims for Such Individuals (Filing No.619)¹, but are not listed in the body of the Third Amended Complaint under "Intervenor I members." (Filing No. 721 at 1, 5-6.)

First Intervenors present four counts in their Third Amended Complaint: Count I for wrongful termination based on "their religion, their prayer practices and/or requests for prayer accommodation" in violation of Title VII and the Nebraska Fair Employment Practices Act ("NFEPA"), Neb. Rev. Stat. §§ 48-1101 to 48-1125, 20-148 (Filing No. 721 at 7-8); Count II for wrongful termination based on national origin in violation of Title VII and the NFEPA (Filing No. 721 at 8); Count III for wrongful termination based on First Intervenors' "race/color (black)" in violation of Title VII and the NFEPA (Filing No. 721 at 8-9); and Count IV for wrongful termination based on retaliatory conduct in violation of Title VII and the NFEPA (Filing No. 721 at 9-10).

Second Intervenors

Second Intervenors present four counts in their Second Amended Complaint (Filing No. 724), though not all Second Intervenors assert the same claims. Under Count I, Intervenors Rahma Mohamed Abdi, Sahra Botan, Saynab Farah, Mohammed Isak, Hawa Mohamud, Nimo Mohamed, Abdighani Muse, Maryan Muse (f/k/a Asha Muse), and Ayan Osman allege hostile work environment and harassment on the basis of their religion, race, and national origin in violation of Title VII. Under Count II, Intervenors Faydero Abdirahman, Abdirizaq Abdulle, Yasin Ahmed, Yusuf Dulane,Amina Farah, Amina Gelle, Hawa Mohamud, Sugra Olad (f/k/a Hodan Sirad), and Abdirahman Ahmed Yusuf allege discriminatory discipline, retaliation, and unlawful discharge on the basis of their religion, race, and national origin in violation of Title VII. Under Count IV,² Intervenors Rahma Mohamed Abdi, Sahra Botan, Saynab Farah, Hawa Mohamud, Nimo Mohamed, Abdighani Muse, Maryan Muse (f/k/a Asha Muse), and Ayan Osman allege hostile work environment on the basis of their religion, race, and national origin in violation of 42 U.S.C. § 1981. Finally, in Count IV, Intervenors Bashir Abdi, Farhan Abdi, Faydero Abdirahman (f/k/a Saynab Abdirahman), Abdirizaq Abdulle, Ahmed Adam, Mohamed Adan, Said Ali Ahmed, Sugule Ahmed, Yusuf Dulane, Amina Farah, Hassan Gabow, Amina Gelle, Abdikhadar Hassan, Mohamed Isak, Mohamed Isman, Musa Abdalla Mohamed, Sugra Olad (f/k/a Hodan Sirad), Mukhtar Omar, Ali Shire, Yusuf M. Solad, and Abdirahman Ahmed Yusuf allege discriminatory discipline, retaliation, and discharge on the basis of their religion, race, and national origin in violation of 42 U.S.C. § 1981.

Pro Se Intervenors

Intervenors Asli Abdille Abdullahi (a/k/a Ambiya R. Roble), Said Adoow, Noor Ahmed, Ahmed Farah Ali, Ayan Ali, Rashid Yusuf Hundule, Abdirisak Adan Abdulahi (a/k/a Hussein Hussein), Abdulkadir Jama, Mohamed Jama, Abdalle Hassan Mahamud, Hanad Mohammed, Yusuf Hassan Mohamud (a/k/a Abdalle Ali Mohamud), Astur Mur (a/k/a Astur Nur), Warsame Nur, Ali Abdi Hakim Said, and Abdulqani Yusuf are no longer represented by counsel. (Order dated July 27, 2015, Filing No. 710.) JBS hasfiled a Motion to Dismiss these Pro Se Intervenors due to "failure . . . to comply with the Court's July 28, 2015 and September 17, 2015 Orders." (Filing No. 782 at 3.)

IV. EEOC Claims

The EEOC filed its Third Amended Complaint ("EEOC Complaint"), alleging three causes of action on behalf of several aggrieved individuals identified in Revised Attachment A to the EEOC Complaint (the "Aggrieved Individuals").³ (EEOC Compl., Filing No. 730 at ECF 16-19.) Count I alleges religious discrimination in violation of Title VII on behalf of "aggrieved Somali Muslim employees" of JBS. (Filing No. 730 at 9.) Count II alleges discrimination on the basis of the Aggrieved Individuals' national origin, in violation of Title VII. Count III alleges JBS illegally retaliated against the Aggrieved Individuals based on their requests for religious accommodation, in violation of Title VII. The EEOC seeks injunctive relief against JBS, as well as money damages to make whole the Aggrieved Individuals due to loss in compensation and other pecuniary and nonpecuniary losses.

V. Group B Claimants

The parties selected the following four representative claimants for Group B discovery purposes: Shamso Abshir, Tufah Hassan (formerly known as Sahara Noor and referred to in this Memorandum and Order as Sahara Noor), Abdiaziz Jama and Shukri Wais (referred to collectively as "Group B Claimants"). The EEOC seeks individual relief on behalf of all four Claimants. (See EEOC Compl. Doc. No. 730 at ECF 16-19.) First Intervenors seek individual relief for three of the Claimants: Abshir, Noorand Wais. None of the four Claimants is a member of Second Intervenors. (See Filing No. 724.)

DISMISSAL FOR FAILURE TO COMPLY

The Court first addresses JBS's argument that the Pro Se Intervenors should be dismissed for failure to comply with the Court's Order of July 28, 2015 (Filing No. 711) and September 17, 2015 (Filing No. 748.

On July 27, 2015, counsel for the Farhan Abdi, et al., Plaintiff/Intervenors filed a Motion to Withdraw, seeking to withdraw as attorneys for 16 Plaintiff/Intervenors. (Filing No. 708.) The Court granted this motion on July 28, 2015, and the Council on American-Islamic Relations ("CAIR-Chicago") was granted leave to withdraw as counsel for the 16 Plaintiff/Intervenors. (Filing No. 711.)

The Court ordered...