Ahmed v. Lowe's Home Centers, Inc.

346 F. App'x 816
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 9, 2009
DocketNo. 08-3422
StatusPublished

This text of 346 F. App'x 816 (Ahmed v. Lowe's Home Centers, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ahmed v. Lowe's Home Centers, Inc., 346 F. App'x 816 (3d Cir. 2009).

Opinion

OPINION

McKEE, Circuit Judge

Masood Ahmed appeals the district court’s grant of summary judgment in favor of Lowe’s Home Centers, Inc. on Ahmed’s claims of retaliation, discrimination, hostile work environment, and intentional infliction of emotional distress (“IIED”). For the reasons that follow, we will affirm.

I.

As we write primarily for the parties, who are familiar with the facts of this case, we need not recite the factual or procedural history in detail.

We review the district court’s grant of summary judgment de novo and apply the same test on review as the district court. See MBIA Ins. Corp. v. Royal Indem. Co., 426 F.3d 204, 209 (3d Cir.2005). Summary judgment is appropriate where there are no genuine issues of material fact. Fed.R.Civ.P. 56(c); see also Fasold v. Justice, 409 F.3d 178, 183 (3d Cir.2005). Genuine issues of fact exist where “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id. (quoting Anderson v. Liberty Lobby Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). In reviewing a grant of summary judgment, we view all facts in the light most favor[819]*819able to Ahmed as the nonmoving party. See Bowers v. Nat’l Collegiate Athletic Ass’n, 475 F.3d 524, 535 (3d Cir.2007).

Ahmed argues that the district court erred in concluding that he failed to a establish a prima facie case as to retaliatory discharge, and dismissing his retaliation claim for failure to establish that he was the victim of a retaliatory discharge that resulted from his complaints to the Human Resources Department about alleged unfair treatment by his supervisor, Doug Schmidt.

To establish a prima facie case of retaliatory discharge, Ahmed must show that: (1) he engaged in conduct protected by Title VII; (2) he was subject to an adverse employment action; and (3) there is a causal nexus between the protected conduct and the adverse action. See Wilkerson v. New Media Tech. Charter Sch. Inc., 522 F.3d 315, 320 (3d Cir.2008); see also Moore v. City of Phil, 461 F.3d 331, 340-41 (3d Cir.2006). The district court held that Ahmed failed to present evidence sufficient to raise any genuine issue of material fact as to the first prong of his retaliatory discharge claim, i.e. whether Ahmed’s conduct was protected under Title VIL

To qualify as protected conduct under Title VII, Ahmed must show that he made Lowe’s aware that he felt he was being discriminated against specifically because of his race or national origin. See Slagle v. County of Clarion, 435 F.3d 262, 268 (3d Cir.2006) (holding that a complaint that does not explicitly or implicitly allege that membership in a protected class was the reason for mistreatment is too general to constitute protected conduct under Title VII).

Ahmed contends that his complaints to the Human Resources Department of Lowe’s should be considered a protected activity under Title VII. However, there is nothing to support a finding that Ahmed mentioned mistreatment due to his race and national origin during his employment with Lowe’s. Rather, the record indicates that while Ahmed did complain to the Human Resources Department about Schmidt on at least two separate occasions, Ahmed never alleged that Schmidt’s treatment was based on Ahmed’s race or national origin.1

Absent any such evidence there is nothing to support Ahmed’s retaliatory discharge claim.

II.

Ahmed also argues that the district court erred in dismissing his claim of discrimination based on race and national origin.

The district court found that although Ahmed had successfully made out the elements of a prima facie case of illegal employment discrimination based on race,2 he failed to adduce evidence that the proffered reasons for terminating him were pretextual. See McDonnell-Douglas [820]*820Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).

Under the shifting burdens analysis of McDonnell-Douglas, once a plaintiff establishes a prima facie case of discrimination, “the burden [shifts] to the employer to articulate some legitimate, nondiscriminatory reason for” the adverse employment action. Id. at 802, 93 S.Ct. 1817. Thereafter, the plaintiff must show by a preponderance of the evidence that the legitimate, nondiscriminatory reasons offered by Lowe’s are merely pretext for discrimination. See Jones v. Sch. Dist. of Phil., 198 F.3d 403, 410 (3d Cir.1999) (citing Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981)). To successfully make a showing of pretext, Ahmed must present evidence that either: (1) casts sufficient doubt upon each of the legitimate reasons proffered by Lowe’s so that a fact-finder could reasonably conclude that each reason was a fabrication; or (2) allows the factfinder to infer that discrimination was more likely than not a motivating or determinative cause in termination. See Fuentes v. Perskie, 32 F.3d 759, 762 (3d Cir.1994).

Here, there is nothing to rebut the employer’s claim that Ahmed was terminated because he violated the company’s sexual harassment policy. On July 6, 2004, an Area Human Resources Manager for Lowe’s, Diane Chuprun conducted an investigation regarding complaints filed by Dawn Madara. Madara claimed that Ahmed had made sexually inappropriate comments and advances towards her on two separate occasions.3 After meeting with several employees separately, including Ahmed, to confirm Madara’s account of the incidents, Chuprun forwarded her investigative materials to her supervisor, Regional Human Resources Manager Kenneth Zrowka. Zrowka subsequently met with Chuprun and another Human Resources manager on July 7, 2004 and decided to terminate Ahmed’s employment.

Ahmed alleges that the Human Resources Department fast-tracked the sexual harassment investigation against him but failed to address several complaints he lodged about unfair treatment with regard to a citation he received from Schmidt for allegedly using profanity in the workplace. Ahmed asserts that the alleged disproportionate treatment of the two claims by Human Resources creates an inference of pretextual discrimination.

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346 F. App'x 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahmed-v-lowes-home-centers-inc-ca3-2009.