Chaib v. Geo Group, Inc.

92 F. Supp. 3d 829, 2015 U.S. Dist. LEXIS 19521, 2015 WL 728348
CourtDistrict Court, S.D. Indiana
DecidedFebruary 18, 2015
DocketNo. 1:13-cv-00318-TWP-MJD
StatusPublished
Cited by6 cases

This text of 92 F. Supp. 3d 829 (Chaib v. Geo Group, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chaib v. Geo Group, Inc., 92 F. Supp. 3d 829, 2015 U.S. Dist. LEXIS 19521, 2015 WL 728348 (S.D. Ind. 2015).

Opinion

ENTRY ON MOTION FOR SUMMARY JUDGMENT

TANYA WALTON PRATT, District Judge.

This matter is before the Court on a Motion for Summary Judgment filed by Defendant GEO Group, Inc. (“GEO Group”) (Filing No. 56). Plaintiff, Nora Chaib (“Ms. Chaib”), filed this action against her former employer, GEO Group, alleging she was discriminated against on the basis of her race in violation of 42 U.S.C. § 1981 (“ § 1981”) and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), as well as based upon her sex and national origin in violation of Title VII. In addition, she alleges GEO Group retaliated against her after she complained about discriminatory conduct and for filing a workers’, compensation claim under Indiana state law. GEO Group argues it is entitled to summary judgment on all of Ms. Chaib’s federal claims because she was not meeting legitimate employment expectations and cannot show that GEO Group’s reason for her termination was pretext. For the same reasons, GEO Group contends it did not retaliate against Ms. Chaib in violation of Indiana law. For the reasons set forth below, GEO Group’s Motion for Summary Judgment is GRANTED.

I. BACKGROUND

As the summary judgment standard requires, the undisputed material facts and the disputed evidence are presented by the court in the light reasonably most favorable to Ms. Chaib as the non-moving party. Ms. Chaib was born in France and is of French and Algerian descent. GEO Group provides private correctional and detention management, community re-entry services, and behavioral mental health services to government agencies worldwide. GEO Group operates the Short Term Offender Program (“STOP”) facility in Plainfield, Indiana.1 Ms. Chaib began working for GEO Group as a correctional officer at its STOP facility on or around August 8, 2011. At her orientation, she received and reviewed various GEO Group employment policies, including the Employee Handbook, Conduct Policy, Progressive Discipline Policy, the Sexual Harassment and Workplace Harassment policy, and the Equal Employment Opportunity Policy. On September 23, 2011, Ms. Chaib was promoted to the Assistant Safety Manager position. David Burch (“Superintendent Burch”), STOP’S Superintendent, was Ms. Chaib’s direct supervisor after the promotion.

A. Ms. Chaib’s Complaints

On October 81, 2011, Ms. Chaib complained to Human Resources that a coworker, Denise Bondelie (“Ms. Bondelie”) had made a “racist comment” and that Ms. Chaib “felt offended.” Ms. Bondelie asked Ms. Chaib who a visiting “Black” employee was. When Ms. Chaib answered that he was the director if the region, Ms. Bonde-lie replied that he could not be because GEO Group did not have any Black men in the pictures of corporate representatives in the lobby. Human Resources investigated Ms. Chaib’s complaint, and referred it to the Internal Affairs/Office of Professional Responsibility (“OPR”) for further [833]*833investigation. The Internal Affairs investigator did not substantiate Ms. Chaib’s claims stating that “nobody else had heard the conversation.” GEO Group took no further action on this matter.

On December 19, 2011, Ms. Chaib got into a verbal altercation with her co-worker, Lieutenant Kevin Davis (“Lt. Davis”), about Ms. Chaib working over the weekend as a correctional officer. During the argument, Lt. Davis claimed that she had “stabbed him in the f_back,” called her a “stupid foreigner” and that she would “work sanitation.” Two days later, Ms. Chaib called into GEO Group’s employee hotline number to complain about the incident with Lt. Davis. GEO Group referred her allegation to OPR for investigation by Holly Strong (“Ms. Strong”). Lt. Davis disputed Ms. Chaib’s version of the incident.. Because Ms. Chaib could not corroborate her allegation against Lt. Davis with any other evidence, Ms. Strong concluded her investigation and determined she could not substantiate the allegation.

In late January or early February 2012, Ms. Chaib reported to Acting Assistant Superintendent Daniel LaFlore (“Mr. La-Flore”) that she had discovered a document on her computer titled “Simplex Information” that contained an inappropriate comment. Simplex Grinnell is one of GEO Group’s vendors who provide monitoring of smoke detectors and other alarms for the STOP facility. Specifically, the document was titled Smoke Detectors, but when Ms. Chaib opened the document it contained the statement: “All niggers remain on your bunk or you will be shot.” Ms. Chaib did not know how the document or statement got onto the computer in her office and did not know how long it had been there. Mr. LaFlore asked Ms. Chaib to place the document on an external drive. After she did so, Mr. LaFlore removed the document and returned the drive to Ms. Chaib.

B. Ms. Chaib’s Injury and Termination

On March 6, 2012, Ms. Chaib was injured when a swinging gate struck her on the head. Specifically, on a windy day, the control room released the gate and it swung out suddenly, hitting Ms. Chaib in the head. Later that day, Ms. Chaib went to visit a physician and complained of a headache, progressively blurred vision, nausea, dizziness, vomiting, and light sensitivity. The physician placed Ms. Chaib off work on March 6 and 7, 2012, and noted that she was not to drive. Ms. Chaib returned to the physician’s office on March 8, 2012, with complaints of dizziness when getting up, headaches of 5 out of 10 on a pain scale, and difficulty sleeping. The physician placed Ms. Chaib under restrictions until March 11, 2012 of no lifting over five pounds, no repetitive motions/awkward positions, no walking or standing over an hour, and no operation of motorized vehicles. Ms. Chaib returned to the physician on March 12, 2012. At that visit, she complained that she felt no improvement and had been vomiting over the weekend. She also reported that her headache was 8 out of 10 on the pain’scale and was worse when she stood up, and that she was experiencing trouble sleeping. The doctor placed Ms. Chaib off work on March 12 and 13, 2012, and instructed that she could not drive or operate machinery. She again went to the physician on March 14, 2012 and continued to complain of headaches, dizziness and nausea. The physician again placed Ms. Chaib off work until March 20, 2012 and directed her not to operate motor vehicles.

On or around March 14, 2012, GEO Group’s Director of Claims Management, Kathy Chiarello (“Ms. Chiarello”), directed Sedgwick Claims Management Services, Inc. GEO Group’s workers’ compensation third party administrator, to hire an independent investigator to record Ms. Chaib’s [834]*834activities. Ms. Chiarello, who had never met Ms. Chaib, was suspicious because Ms. Chaib appeared to show no improvement after several days. At Ms. Chiarello’s direction, the contracted investigators videotaped Ms. Chaib on March 17, 18, and 19, 2012, and recorded her changing the tags on her license plates, driving her car and running errands to the tanning salon, Dollar General store, drug store, auto parts store, multiple clothing stores, the grocery store on multiple occasions, a hair accessory store, a park, two gas stations, and several friends’ homes.

On March 20, 2012, Ms. Chaib again visited the physician and complained of daily headaches, nausea, vomiting, and waning concentration.

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Bluebook (online)
92 F. Supp. 3d 829, 2015 U.S. Dist. LEXIS 19521, 2015 WL 728348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaib-v-geo-group-inc-insd-2015.