Chavis v. Wal-Mart Stores, Inc.

265 F. Supp. 3d 391
CourtDistrict Court, S.D. New York
DecidedJuly 18, 2017
Docket15 Civ. 4288 (DC)
StatusPublished
Cited by12 cases

This text of 265 F. Supp. 3d 391 (Chavis v. Wal-Mart Stores, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chavis v. Wal-Mart Stores, Inc., 265 F. Supp. 3d 391 (S.D.N.Y. 2017).

Opinion

OPINION

CHIN, Circuit Judge:

In 2013, plaintiff Cory Chavis, an Asset Protection Manager at the Walmart store in Suffern, New York, requested a religious accommodation permitting her not to work on Sundays so she could observe the Sabbath. She brought this action against defendants Wal-Mart Stores, Inc. and Wal-Mart Stores East, LP (together, “Walmart”) under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”), seeking damages and alleging that Walmart employees unlawfully harassed her and discriminated against her on the basis of her religion and retaliated against her for pressing her accommodation request. Defendants move for summary judgment to dismiss the complaint in its entirety. Because genuine issues of material fact preclude the entry of summary judgment on certain of Chavis’s [397]*397claims, defendants’ motion is granted in part and denied in part.

BACKGROUND

The following facts are summarized from the evidentiary record and are construed in the light most favorable to Chav-is, the party opposing summary judgment.

Chavis works for Walmart as the Asset Protection Manager (“APM”) of the Suf-fern, New York store. ECF 67, Consol. Stmt, of Mat. Facts (“Consol. Stmt.”) ¶ 1. She has worked for Walmart since 1994 and has been an APM at the Suffern store since 2006. Id. Chavis is a member of the Apostolic Pentecostal Church and observes the Sabbath on Sundays by, among other things, refraining from work. Id. ¶¶ 47-60.

For approximately six years in the APM position, Chavis was able to arrange her schedule to avoid work on Sundays. In March 2013, however, Walmart changed its policy to require APMs to work every third Sunday. Id. ¶¶ 63, 142. Chavis requested an accommodation not to work on Sunday due to her religious observance. Id. ¶ 54. The request was not granted, and Chavis was. told that she could either use vacation days to avoid working on Sundays or find another position that did not require any Sunday work. Id. ¶ 65. For near-' ly six months, Chavis used her vacation days to avoid working Sundays. Id. ¶¶ 55, 143, 148. After additional supervisors failed to grant her request, Chavis appealed to Walmart’s “Open Door” hotline. Id. ¶¶ 144-47. In September 2013, Walmart exempted her from Sunday work and restored the vacation, days she had used in the prior six months. Id. ¶¶ 147-48; ECF 60, Koppell Decl. Exs. 1, 2 (“Chavis Dep.”) at 88-89.

Subsequently, a number of interactions took place between Chavis and her superiors, which Chavis describes as discrimination and harassment in retaliation for her accommodation request, and which Wal-mart claims were routine actions that had no adverse effect on Chavis’s employment. See generally ECF 58, Pl.’s Opp. at 6-10. In addition, Chavis applied seventeen times to various positions between March 2013 and the filing of the instant lawsuit. ECF 47, Assad Decl. Ex. H. She was denied each promotion and interviewed for only one. Cons. Stmt. ¶¶ 185-88.

Chavis filed this suit in’June 2015, claiming that Walmart discriminated and retaliated against her in violation of Title VII and NYSHRL by, among other things, denying her’ promotions while promoting others who were not Sunday Sabbath observers, imposing unwarranted discipline, and subjecting her to unwarranted surveillance, investigation, and other harassment sufficient to alter the terms and conditions of her work environment. See ECF 1, Compl. at 12-14. After the completion of discovery, defendants moved for summary judgment, prificipally on the ground that Chavis cannot establish a prima facie case of discrimination for any of her claims. See ECF 45, Defs.’ Mem. at 1. Chavis opposed the motion, and defendants moved to strike portions of Chavis’s declaration and counter-statement of material facts as contradictory to her deposition testimony, lacking personal knowledge, and based on hearsay or other. inadmissible evidence. ECF .66, Defs.’ Mot., to Strike. After oral argument on June 19, 2017, I denied-defendants’. motion to strike except as to paragraph 6 of Chavis’s declaration, which was stricken as inadmissible hearsay. See Minute Entry dated 6/19/2017.

DISCUSSION

Chavis alleges that Walmart discriminated against her on the basis of religion in violation of Title VII by failing to accommodate her religious observance for a six-month period in 2013, creating a hostile [398]*398work environment, and failing to promote her on seventeen separate occasions. She also contends that Walmart retaliated against her , because of her accommodation request. After discussing the applicable legal standard, I address each claim in turn.

I. Legal Standard

Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also SCR Joint Venture L.P. v. Warshawsky, 559 F.3d 133, 137 (2d Cir. 2009). “An issue of fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party,” and “[a] fact is material if it might affect the outcome of the suit under the governing law.” SCR Joint Venture, 559 F.3d at 137 (quoting Roe v. City of Waterbury, 542 F.3d 31, 35 (2d Cir. 2008)). “A court reviewing a motion for summary judgment must ‘construe the facts in the light most favorable to the non-moving party and must resolve all ambiguities and draw all reasonable inferences against the movant.’ ” Beyer v. Cty. of Nassau, 524 F.3d 160, 163 (2d Cir. 2008) (quoting Dall. Aerospace, Inc. v. CIS Air Corp., 352 F.3d 775, 780 (2d Cir. 2003)).

Title VII prohibits “discrimination] against any individual with respect to [her] compensation, terms, conditions, or privileges of employment, because of such individual’s ... religion.” 42 U.S.C. § 2000e-2(a)(1). Chavis’s Title VII and NYSHRL discrimination claims are governed by the burden-shifting analysis set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Tolbert v. Smith, 790 F.3d 427, 434 (2d Cir. 2015). New York courts “require the same standard of proof for claims brought under- the NYSHRL. as for those brought under Title VII.” Leopold v. Baccarat, Inc., 174 F.3d 261, 264 n. 1 (2d Cir. 1999). Accordingly, my conclusions regarding Chavis’s Title VII claims for retaliation, hostile work environment, and discriminatory failure to accommodate and promote apply with equal force to her analogous NYSHRL claims.

II. Failure to Accommodate

Chavis claims that Walmart failed to accommodate her Sabbath observance fot the six-month period from April to September 2013, in violation of Title VII. PL’s Opp. 29-30.

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