Ware v. Hyatt Corp.
Decision Date | 23 February 2015 |
Docket Number | Civil Action No. 12–0395 ABJ |
Citation | 80 F.Supp.3d 218 |
Parties | James Ware, Plaintiff, v. Hyatt Corporation, Defendant. |
Court | U.S. District Court — District of Columbia |
Donald M. Temple, Donald M. Temple, P.C., Washington, DC, for Plaintiff.
Kelly M. Scindian, Akin Gump Strauss Hauer & Feld LLC, Washington, DC, Nathan Joshua Oleson, Akin Gump Strauss Hauer & Feld LLP, San Antonio, TX, for Defendant.
Plaintiff James Ware brings this action against the Hyatt Corporation, alleging that the defendant subjected him to a hostile work environment on the basis of both his age and his race, in violation of the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), 29 U.S.C. § 621 et seq. and Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), 42 U.S.C. § 2000e et seq. Defendant has moved for summary judgment on both claims. Def.'s Mot. for Summ. J. [Dkt. # 35] (“Def.'s Mot.”). Because the Court finds that there is no genuine dispute of material fact regarding the severity and pervasiveness of the age-related conduct at issue, and because plaintiff's Title VII hostile work environment claim is time-barred, defendant is entitled to judgment as a matter of law on both claims. Therefore, the Court will grant defendant's motion for summary judgment and dismiss the case.
Plaintiff James Ware is a 66–year old African–American male. 3d. Am. Compl. [Dkt. # 17] (“3d Am. Compl.”) ¶ 3. From 1976 until 2009, he worked full-time in the culinary department at the Hyatt Regency hotel on Capitol Hill (“the Hyatt” or “the hotel”). Def.'s Statement of Undisputed Material Facts in Supp. of Def.'s Mot. [Dkt. # 35–2] (“Def.'s SOF”) ¶¶ 9, 11. Over the years, plaintiff received several promotions, eventually holding the position of sous chef in the hotel's Park Promenade restaurant. Id. ¶ 10. As a sous chef, plaintiff's responsibilities included preparing and producing food, menu planning, assisting with scheduling, handing out work assignments to the Park Promenade staff, and ensuring staff compliance with defendant's policies. Id. ¶ 14. Plaintiff received an hourly wage plus approximately ten hours of overtime per week, and he typically worked Tuesday through Saturday. Id. ¶¶ 11, 13.
During the relevant period of his employment, plaintiff first reported to executive chef Greg Bauer, from November 1996 to May 2006, and then to executive chef Michael Barber, from May 2006 through plaintiff's departure. Id. ¶¶ 15, 20. Plaintiff also reported to executive sous chefs Kevin Villalovos, from August 2006 to March 2008; Trevor Burt, from February 2007 to March 2009; Tom Olson, from April 2007 through plaintiff's departure; and Nicolas Flores, from August 2008 through plaintiff's departure. Id. ¶¶ 16, 20.
Plaintiff alleges that beginning in approximately 2002, when he was diagnosed with diabetes
and arthritis, his managers at the hotel began to treat him differently. 3d Am. Compl. ¶ 6. Specifically, plaintiff claims that he was singled out on the basis of his age and race, and that he was subjected to a hostile work environment in violation of the ADEA and Title VII. Id. ¶¶ 8, 20– 31; see generally Pl.'s Corrected Opp. to Def.'s Mot. for Summ. J. [Dkt. # 38–1] (“Pl.'s Opp.”).2
In support of his ADEA hostile work environment claim, plaintiff alleges that he was subjected to numerous instances of discriminatory conduct, including certain statements made by the executive chef:
pain caused by long periods of standing were removed from plaintiff's work station. Pl.'s Opp. at 5, 11; Ware Dep. in Supp. of Pl.'s Opp. 93:23–94:8. Plaintiff does not know who moved the floor mats or why they were taken. Ware Dep. in Supp. of Pl.'s Opp. 94:9–11. Plaintiff discussed the missing mats with Barber, who told him “if [he] was a younger man, [he] wouldn't need the mats,” and that “the hotel can't afford them, so [he]'d just have to buy more BenGay.” Pl.'s Opp. at 5, 11–12; Ware Dep. in Supp. of Pl.'s Opp. 93:23–94:8.
According to plaintiff, executive sous chef Tom Olson also made comments about plaintiff's age:
Plaintiff recounts comments about his age made by other staff, as well:
In addition, plaintiff offered evidence of comments made to or overheard by other employees when plaintiff was not present:4
In support of his Title VII hostile work environment claim based on racial discrimination, plaintiff asserts that Restaurant Manager Matt Zylstra called plaintiff “black boy” “more than one time,” although this did not occur “frequently.” Pl.'s Opp. at 2; Ware Dep. in Supp. of Pl.'s Opp. 163:3–20. Plaintiff also states, in connection with the Title VII count, that Zylstra addressed him by saying, “hey, dummy” “on more than one occasion,” and called him “fat” more than ten, but less than twenty, times. Pl.'s Opp. at 2; Ware Dep. in Supp. of Pl.'s Opp. 162:17–20, 178:4–22.
Plaintiff also put forth evidence of race-related comments that were made to or overheard by other employees when plaintiff was not present:
Finally, plaintiff points to certain facially-neutral events that he alleges were based on his age and/or race and contributed to the hostile work environment:
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