Mohammed v. Cent. Driving Mini Storage, Inc.
Decision Date | 05 June 2015 |
Docket Number | Civil Action No. 2:13cv469. |
Citation | 128 F.Supp.3d 932 |
Parties | Sean MOHAMMED, Plaintiff, v. CENTRAL DRIVING MINI STORAGE, INC., d/b/a Mini Price Storage, Defendant. |
Court | U.S. District Court — Eastern District of Virginia |
Ari Micha Wilkenfeld, Rosalind Heyroth Herendeen, The Wilkenfeld Law Group, Washington, DC, David John Sullivan, Reaves Coley PLLC, Chesapeake, VA, for Plaintiff.
Lisa Ann Bertini, Andrea Ruege, Bertini & Hammer, PC, Norfolk, VA, for Defendant.
RAYMOND A. JACKSON
, District Judge.
This Memorandum Opinion and Order is issued after a bench trial in the above-styled matter to resolve retaliation claims on the basis of religious discrimination brought under Title VII.
The Court held a two-day bench trial on January 27–28, 2015. The parties have filed posttrial briefs and this matter is now ripe for judicial determination. The Court issues the following Findings of Fact and Conclusions of Law, as required by Rule 52(a) of the Federal Rules of Civil Procedure
. For the reasons set forth herein, the Court FINDS Defendant not liable on Plaintiff's retaliation claim based on reclassification to a floater position. The Court FINDS Defendant liable on Plaintiff's retaliation claim based on his termination and enters judgment for the Plaintiff.
Plaintiff is a Seventh Day Adventist who alleges that his former employer, Mini Price Storage, retaliated against him because he refused to work on Saturday, the religious day of observance for adherents of his faith. Plaintiff, who was at all times employed as an Assistant Manager, alleges that he expressed his concerns to Tashondi Goodman ("Goodman"), the area manager who had the final word regarding his scheduling needs. When he refused to compromise on his need for a religious accommodation, i.e., to have Saturdays off, Plaintiff alleges he was reclassified as a floater and eventually terminated. Defendant argues Plaintiff was made a floater because of a business-wide decision to reduce staff hours and was terminated because of performance issues.
Plaintiff filed a two-count Complaint against Mini Price on August 21, 2013, alleging unlawful religious discrimination, with claims for hostile environment, failure to accommodate and failure to promote, and unlawful retaliation. On March 5, 2014, Defendant filed a Motion to Dismiss Plaintiff's Complaint for lack of subject matter jurisdiction and failure to state a claim. On March 19, 2014, Plaintiff filed a Motion to Amend Complaint along with his opposition to the Motion to Dismiss. On May 28, 2014, the Court granted Plaintiff's Motion to Amend as to his religious accommodation and retaliation claims. The Court denied Plaintiff's Motion to Amend his hostile work environment and failure to promote claims and dismissed them with prejudice. Defendant's Motion to Dismiss was dismissed as moot.
On November 14, 2014, Defendant filed its Motion to Dismiss for Lack of Subject Matter Jurisdiction as to Plaintiff's retaliation claim, arguing that Plaintiff failed to exhaust administrative remedies regarding Defendant's alleged interference with his award of Virginia Employment Commission ("VEC") benefits. On November 25, 2014, Plaintiff filed his Memorandum in Opposition and conceded that he did not exhaust the portion of his retaliation claim related to the VEC benefit award. Plaintiff stipulated that "he has no claim for liability and no entitlement to damages arising from any and all actions taken by Defendant with respect to his VEC unemployment claim" and submitted a proposed order to that effect. On December 23, 2014, upon consideration of Plaintiff's response, the Court granted Defendant's motion to dismiss the VEC unemployment claim.
On November 26, 2014, Defendant filed a Motion for Summary Judgment. On January 22, 2015, after full briefing by the parties, the Court granted in part and denied in part Defendant's Motion for Summary Judgment. The Court dismissed Plaintiff's failure to accommodate claim and Plaintiff's retaliation claim based on a reduction of hours. Plaintiff's retaliation claims based on his reclassification to a floating position and his termination remained.
The parties have stipulated to the following facts, which the Court accepts and finds:
The Court has made the following additional factual findings:
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