Stanley v. Expressjet Airlines, Inc.

• Decision Date: 07 December 2018
• Docket Number: Case No. 16-cv-12884
• Citation: 356 F.Supp.3d 667
• Parties: Charee STANLEY, Plaintiff, v. EXPRESSJET AIRLINES, INC., Defendant.
• Court: U.S. District Court — Eastern District of Michigan

356 F.Supp.3d 667

Charee STANLEY, Plaintiff,

v.EXPRESSJET AIRLINES, INC., Defendant.

Case No. 16-cv-12884

United States District Court, E.D. Michigan, Southern Division.

Signed December 7, 2018

Ahmed M. Mohamed, Carolyn M. Homer, Lena F. Masri, Council on American-Islamic Relations, Gadeir I. Abbas, The Law Office of Gadeir Abbas, Washington, DC, Caridad Pastor Cardinale, Pastor & Associates, PC, Troy, MI, Romin Iqbal, Council on American-Islamic Relations, Columbus, OH, for Plaintiff.

Jessica L. Asbridge, Patrick H. Ouzts, Sarah Wimberly, Ford & Harrison LLP, Atlanta, GA, Joseph A. Starr, William Reed Thomas, Starr, Butler, Alexopoulos, & Stoner, PLLC, Southfield, MI, for Defendant.

OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 33)

Paul D. Borman, United States District Judge

In this religious discrimination action brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. , ("Title VII") and its Michigan counterpart the Elliott-Larsen Civil Rights Act, Mich. Comp. Laws § 37.2101, et seq. , ("the ELCRA"), Plaintiff, a Muslim woman who was employed as a flight attendant for Defendant ExpressJet Airlines, Inc. ("ExpressJet"), alleges that she was discriminated against on the basis of her religion when Defendant refused to accommodate her religiously held belief that prevents her from ever serving alcohol to passengers. Plaintiff further alleges that Defendant retaliated against her by rescinding a previously-granted accommodation and placing Plaintiff on administrative leave pending termination.

In an Opinion and Order issued on June 7, 2017, this Court denied ExpressJet's motion to dismiss because the motion relied on matters outside the pleadings. Stanley v. ExpressJet Airlines, Inc. , No. 16-cv-12884, 2017 WL 2462487 (E.D. Mich. June 7, 2017). Now before the Court is ExpressJet's Motion for Summary Judgment (ECF No. 33). Plaintiff has filed a Response (ECF No. 36) and ExpressJet has filed a Reply (ECF No.37). The Court held a hearing on November 6, 2018. For the reasons that follow, ExpressJet's motion is GRANTED.

I. FACTUAL BACKGROUND

A. Plaintiff's Employment and Termination From Express Jet

Plaintiff began working as a flight attendant for Express Jet on January 31, 2013. (ECF No. 33, Def.'s Mot. Summ. J. Ex. C, January 29, 2018 Deposition of Charee Stanley 56:8-12; Def.'s Mot. Ex. B, May 30, 2018 Declaration of Daniel J. Curtin ¶ 4.) As an Express Jet Flight Attendant, Plaintiff was a member of the International Association of Machinists and Aerospace Workers ("the IAM" or "the Union"), and a Collective Bargaining Agreement ("CBA") governed the relationship between Express Jet and its Flight Attendants. (Def.'s Mot. Summ. J. Ex. A, ASA-AFA 2008 CBA.) Plaintiff was a practicing Christian when she began the interview process for the job with Express Jet, but during the interview process in mid-December, 2012, she met "a young gentleman who talked about Emirates" and expressed the view that if he was to live abroad, he would work for Emirates. (Stanley Dep. 24:9-21, 51:5.) Plaintiff became curious about the possibility of living abroad and working for Emirates and "went home and looked it up." (Stanley Dep. 24:20-24.) She learned that she could "live in Dubai, and [ ] work overseas, and [ ] make tax-free money, and [ ] could travel the world." (Stanley Dep. 24:23-25:1.) Plaintiff researched Emirates and applied for a job with them and "knew that Dubai was a Muslim country but didn't know what that meant." (Stanley Dep. 25:1-4.) Plaintiff began to research the Muslim faith and "fell in love with it" and took her "shahada," or "confession of faith," on January 2 (or 3), 2013. (Stanley Dep. 25:4-7, 51:4.) So Plaintiff was not a practicing Muslim when she interviewed for the job with Express Jet but once she started her training on January 21, 2013, she had converted to the Muslim faith. (Stanley Dep. 25:11-14, 51:3-5.)

During her training, Plaintiff made a request of one of her trainers to be permitted to wear her hijab (head scarf). (Stanley Dep. 65:14-22,67:6.) That verbal request was initially declined but Plaintiff submitted a written a request shortly thereafter, on or about August 26, 2013, which was granted by Express Jet. (Stanley Dep. 66:3-20, 70:8-71:6, 75:1-16; ECF No. 33-6, Stanley Dep. Attach. 9, PgID 1153.)

Plaintiff understood that serving beverages was part of her job responsibilities and she understood that alcohol was one of the beverages that was available to passengers to request as part of that beverage service on Express Jet flights. (Stanley Dep. 87:11-23.) Plaintiff testified that the Flight Attendant Manual ("FAM") was a flight attendant's "bible" and was required to be carried at all times and updated as necessary. (Stanley Dep. 89:4-8. 92:13-24; Stanley Dep. Attachment 11, Flight Attendant Manual Excerpts.) The FAM outlines an Express Jet Flight Attendant's job responsibilities, obligates a Flight Attendant to "perform[ ] all duties as outlined in the Express Jet Flight Attendant Manual, Company Policy Manuals, and duties as assigned by the Captain," and specifically references the responsibility of a Flight Attendant to "attend to all passenger requests, including beverages, alcohol and/or other snacks." (FAM Service Policy, PgID 1158, 1170.) Plaintiff understood that she was responsible for performing all of the duties as outlined in the FAM. (Stanley Dep. 93:17-23.) The FAM also outlines the "normal chain of command" on an Express Jet aircraft as follows: "1. Captain, 2. First Officer, 3. Flight Attendant "A", 4. Flight Attendant "B"." (FAM Chain of Command, PgID 1166.) The Chain of Command further provides that "[t]he most senior Flight Attendant at duty-in shall either assume the A position or assign the A position to the other assigned Flight Attendant." (Id. ) Ms. Stanley understood this hierarchy and also understood that the more senior Flight Attendant could choose whether he or she wanted position "A" or position "B" and that Flight Attendant "A" would be positioned in First Class and Flight Attendant "B" would be positioned in the main cabin. (Stanley Dep. 95:8-24.) Ms. Stanley specifically testified to her understanding that seniority "gave you better choices," and that as the senior Flight Attendant "[y]ou have the pick of what position you want on an aircraft." (Stanley Dep. 117:4-118:19.) Ms. Stanley understood that there was this division of responsibilities and that the Flight Attendants were expected to "work as a team," and perform the other Flight Attendant's duties when necessary to get the job done. (Stanley Dep. 96:9-97:8.)

The FAM contains specific detail regarding the duties of a Flight Attendant assigned as the Flight Attendant on a one-Flight Attendant aircraft and the duties assigned to the "A" and "B" Flight Attendants when two Flight Attendants are on board an aircraft. (FAM Phases of Flight Overview PgID 1160-64.) Ms. Stanley also recalled having received, or been given access online to, the Flight Attendant Handbook. (Stanley Dep. 100:9-11; Stanley Dep. Attach. 12, 4/24/15 ExpressJet Flight Attendant Handbook.) The Flight Attendant Handbook ("FAH") outlines many employment related guidelines, including general serving guidelines and parameters, and specifically guidelines regarding the service of alcohol. (FAM § 3-6.1, PgID 1206-11.) The FAM also outlines the general guidelines for service in Delta First Class cabins. Specifically, the FAM provides, among other guidelines, that: "FA "A" is responsible for conducting a pre-departure beverage service to all First Class customers, to include a full selection including alcoholic beverages." (FAM § 3-4.1, PgID 1196.) The FAM further provides that: "FA "B" should assist with First Class pre-departure service. For example, FA "A" may take orders, hang coats and serve beverages, while FA "B" remains in the galley to greet boarding customers, prepare beverages and control boarding traffic to allow FA "A" to move about the First Class cabin." (Id. ) The FAM provides that Flight Attendants are primarily responsible for their "A" or "B" duties but are "encouraged to work together and assist each other with completing all required service on the aircraft." (Id. ) As far as the serving of alcohol, Ms. Stanley testified that "[t]here are flights that no one asks for it, and there are flights when everybody seemingly asks for it," and "everything in between." (Stanley Dep. 123:13-15.) The job posting for the Flight Attendant position that was in effect when Plaintiff applied for a job and to which Plaintiff would have responded in applying for a position as an Express Jet Flight Attendant, expressly stated that the job duties of Flight Attendant required the selling of "food and alcoholic beverages to passengers...." (Stanley Dep. 76:10-77:6; Attachment 3, Job Posting for Flight Attendant.) Ms. Stanley recalled reading the job posting online for the Flight Attendant position, although she could not remember the specific details of the posting. (Stanley Dep. 80:21-81:1.)

And Ms. Stanley performed all of her job responsibilities, and did serve alcohol, through the first year and a half of her service as an Express Jet Flight Attendant, and was considered very professional and attentive and a good employee, with no history of customer complaints. (Def.'s Mot. Summ. J. Ex. F, April 10, 2018 Deposition of Melanie Brown 39:13-41:1. 36:23-37:11.) However, sometime in early June, 2015, Plaintiff learned that she was prohibited not only from consuming alcohol, but also from preparing and/or serving alcohol. (Stanley Dep. 119:7-120:12.) Plaintiff testified that she learned of this prohibition during a conversation with an Imam with whom she discussed questions that would arise as she studied Islam and read the Quran. Plaintiff explained to the Imam that she was required to serve and sell alcohol at work and he told her that she was not supposed to drink or serve/sell alcohol, but...