Freedman v. MCI Telecommunications Corp.

255 F.3d 840, 347 U.S. App. D.C. 112, 2001 U.S. App. LEXIS 15104, 80 Empl. Prac. Dec. (CCH) 40,621, 90 Fair Empl. Prac. Cas. (BNA) 585, 2001 WL 754902
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 6, 2001
Docket00-7238
StatusPublished
Cited by212 cases

This text of 255 F.3d 840 (Freedman v. MCI Telecommunications Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freedman v. MCI Telecommunications Corp., 255 F.3d 840, 347 U.S. App. D.C. 112, 2001 U.S. App. LEXIS 15104, 80 Empl. Prac. Dec. (CCH) 40,621, 90 Fair Empl. Prac. Cas. (BNA) 585, 2001 WL 754902 (D.C. Cir. 2001).

Opinion

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Title VII of the Civil Rights Act of 1964 forbids an employer from “discriminating against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(l). Marshall Freedman contends that MCI Telecommunications violated that prohibition by discriminating against him because of his religion during his brief but tumultuous employment there in 1997.

I.

The story begins in Spring 1997 when Freedman, an Orthodox Jewish man, interviewed for a position as a Network Services Engineer (NSE). Freedman arrived at the interview wearing his religious garments: a yarmulka (also known as a kip-pah or skullcap) and fringes. He was first interviewed by Jeff Porter, who discussed Freedman’s qualifications and showed him the facility. At the end of this interview, Freedman explained to Porter that, because of his religion, he must be permitted time off for various Jewish holidays and that his schedule needed to accommodate the Sabbath, which required him to be home before sundown on Fridays. Freedman claims that Porter “stormed out” of the interview when he learned of his religious restrictions.

Nonetheless, the second phase of the interview proceeded, and Freedman met with Leo Smith, who would actually make the hiring decision. During his interview with Smith, Freedman reiterated his scheduling needs. Shortly after this interview, Smith contacted Freedman, extending a job offer in a phone call to Freedman’s wife, and confirming the offer by written letter on May 1. Freedman began work on May 12.

By May 29, the company had its first inkling that something was wrong. On that date, Smith, the manager of the MCI facility where Freedman was employed, received a five-page, handwritten letter from Freedman detailing a number of complaints about his working conditions as well as listing several requests relating to his training and days that he needed off for jury duty and Jewish holidays. Smith told Porter, Freedman’s immediate supervisor, to discuss the issues with Freedman and work out solutions.

Among Freedman’s early round of complaints was a lack of access to computers and tools. Freedman was unhappy that he had not yet been assigned his own computer workstation. He was also concerned that he was required to share tools with co-workers. During this early phase of his employment, Freedman was being trained to perform his new job by working with David Swithers and Peter Cartland.

In the first two weeks of June, Freedman reminded Porter that he needed time off for the upcoming Shavous holiday. Freedman claims that, during his discussions with Porter regarding holiday leave, Porter expressed reluctance, even anger, at allowing the time off. Shortly after these meetings, Porter informed Freedman that he was to be moved to the night shift.

On June 9, 1997, Freedman began his tenure on the night shift and had the opportunity to work with a mentor, Scott Huff. Freedman claims, though, that his experiences with Huff were cut short because Huff was very busy covering for other technicians who were on vacation.

*843 On August 12, 1997, Freedman suffered a severe headache and fainting spell that required him to go to the hospital. For the next several weeks, he was absent from work on disability leave. Freedman returned to work on October 6. He claims that he did not have access to a computer workstation for the first three weeks of his return to the day shift. On October 28, 1997, Freedman met with Edward Lynch, a senior human resource generalist. ' Apparently in response to this meeting, Freedman forwarded to Lynch an 18-page, handwritten letter detailing his claim of discrimination. On November 21, 1997, Freedman filed a charge of discrimination with the Equal Employment Opportunity Commission.

Meanwhile, MCI was undergoing significant structural changes. Sometime in late October or early November, William MacDonald, the Senior Manager of Operations for Washington, D.C. and Virginia, asked Smith for a list of employees in order of their usefulness. Smith provided MacDonald with a ranking that placed Freedman at or near the bottom of all the employees in his department. MacDonald used this list as a basis for making recommendations to his supervisor that employees, including Freedman, be cut from several departments. On January 16, 1998, Freedman was informed that he was to be terminated on March 28, 1998. Freedman filed another charge of discrimination with the EEOC on January 29, 1998. The EEOC declined to pursue the charges on August 11, 1998, and Freedman brought suit in the district court on November 11, contending that MCI had violated Title VII of the Civil Rights Act.

On a motion by MCI, the district court granted summary judgment against Freedman on August 22, 2000. Though sometimes for different reasons, we agree with the district court that MCI is entitled to judgment as a matter of law.

II.

Rule 56 indicates that summary judgment is appropriate when there is “no genuine issue of material fact and ... the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The substantive law is used to identify the “material” facts. See Anderson v. Liberty Lobby, 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). And there must be a “genuine” dispute about those material facts; that is, the evidence must be “such that a reasonable jury could return a verdict for the nonmoving party.” See id.

For this case, Title VII provides the legal framework. Freedman is responsible for making out a prima facie case that (1) he is in a protected class, (2) that MCI took an adverse employment action against him and (3) that MCI took the adverse employment action because of his membership in a protected class. See Brown v. Brody, 199 F.3d 446, 452 (D.C.Cir.1999). It is undoubted that Freedman is a member of a protected class. The contest is in whether he can demonstrate adverse employment actions taken because of his protected status.

Freedman sees discrimination in the following occurrences. First, he claims that his assignment to the night shift was an act of discrimination. Second, he perceives discrimination against him in training opportunities.. In a third, and related, complaint, he claims that he was subject to disparate treatment regarding MCI’s men-torship program. Fourth, he claims that he was denied the use of computers and tools during his tenure. Fifth, he claims that he was given inappropriate assignments. Sixth, he thinks he was denied one-on-one feedback from supervisors given to other employees. Seventh, he claims that he was badly treated by Jeff Porter. Eighth, and finally, he contends that he was discharged because the joint operation *844 of the other actions he describes made him underqualified and ripe for discharge.

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Bluebook (online)
255 F.3d 840, 347 U.S. App. D.C. 112, 2001 U.S. App. LEXIS 15104, 80 Empl. Prac. Dec. (CCH) 40,621, 90 Fair Empl. Prac. Cas. (BNA) 585, 2001 WL 754902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freedman-v-mci-telecommunications-corp-cadc-2001.