Haider-Rizvi v. Harris County Toll Road Authority

243 F. Supp. 3d 811, 2017 WL 1048122, 2017 U.S. Dist. LEXIS 39945
CourtDistrict Court, S.D. Texas
DecidedMarch 20, 2017
DocketCivil Action No. H-15-3405
StatusPublished
Cited by3 cases

This text of 243 F. Supp. 3d 811 (Haider-Rizvi v. Harris County Toll Road Authority) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haider-Rizvi v. Harris County Toll Road Authority, 243 F. Supp. 3d 811, 2017 WL 1048122, 2017 U.S. Dist. LEXIS 39945 (S.D. Tex. 2017).

Opinion

MEMORANDUM AND OPINION

Lee H. Rosenthal, Chief United States District Judge

Syed Haider-Rizvi worked as a toll-plaza supervisor for the Harris County Toll Road Authority. The Authority demoted and then fired him. Haider-Rizvi sued, claiming employment discrimination, retaliation, and hostile work environment. Haider-Rizvi stipulated to the dismissal of all defendants except Harris County. (Docket Entry No. 35). After discovery, Harris County moved for summary judgment, Haider-Rizvi responded, and Harris County replied. (Docket Entries No. 42, 43, 44). Based on the briefs, the summary judgment record, and the applicable law, the court grants the County’s motion for summary judgment and enters final judgment by separate order. The reasons are explained in detail below.

I. Background

The undisputed summary judgment evidence shows the following. Haider-Rizvi is Pakistani. The Authority hired him as a toll collector in January 2009. (Docket Entry No. 42-2). In October 2010, it promoted Haider-Rizvi to a plaza supervisor position. A series of altercations between Hiader-Rizvi and other toll-plaza employees persisted through his employment.

Haider-Rizvi made many written complaints to the Authority’s human-resources office about unfair, improper, or discriminatory treatment by his coworkers, subordinates, and supervisors, as well as employees from other Harris County offices. (Docket Entries No. 43-4; 43-5; 43-11; 43-12; 43-14). Notably, Haider-Rizvi claimed that a Harris County deputy constable referred to him as “Taliban” or a “terrorist” and joked about him bringing a bomb to work. (Docket Entries No. 43-5; 43-11). Haider-Rizvi, in turn, was the subject of many complaints by his subordinates and others. Between January and April of 2013, toll collectors Deondra Locks, Lidia Reeves, and Jessica Young filed written complaints about Haider-Riz-vi, claiming that he had verbally abused them by speaking disrespectfully to them or shouting at them. (Docket Entries No. 42-5; 42-7; 42-9). As a result of those and other complaints, plaza manager Jim Evans verbally reprimanded Haider-Rizvi on April 23, 2013. The memo memorializing the reprimand stated that it was for Haider-Rizvi’s “[discourteous and abusive treatment” of toll-plaza staff. (Docket Entry No. 42-4). The memorandum also stated that Haider-Rizvi’s “unprofessional behavior” had “been discussed with [him] at length on more tha[n] one occasion” and warned him that “future issues in this area may lead to... demotion or termination.” (Id.).

The reprimand did not end the complaints about Haider-Rizvi’s behavior. Between September and December of 2013, another series of disputes resulted in written complaints from other employees, in-[815]*815eluding those he supervised. Toll collector Diana Palacios accused Haider-Rizvi of verbally abusing her and using profanity. (Docket Entry No. 42-9). Lane supervisor Larry Lawson claimed that Haider-Rizvi had accused him of lying about taking family medical leave to care for his elderly mother. In the course of that conversation, according to Lawson, Haider-Rizvi became so upset that he appeared “beside himself.” (Docket Entry No. 42-12). Toll collector Rosa Hernandez complained that Haider-Rizvi became angry at her when she refused to work overtime due to childcare obligations, and that his supervisory style made her nervous and worried. (Docket Entry No. 42-13). Plaza manager James Evans wrote a memo to operations manager Cathy Hazzard-Williams, stating that when he tried to counsel Haider-Rizvi about these and other incidents, Haider-Rizvi became agitated and loud, then walked out of the meeting. (Docket Entry No. 42-10). In the memo, Evans stated that Haider-Rizvi was not suited for a supervisory position. (Id,.). As a result of these and other complaints, Clay Cossey, the Authority’s assistant director of human resources, issued Haider-Rizvi a “Written Reprimand In Lieu of Suspension” on February 24, 2014. (Docket Entry No. 20). The letter stated that even after Haider-Rizvi had received a formal verbal reprimand, his conduct toward coworkers and subordinates had not improved. (Id.). The letter noted that coworkers and subordinates continued to complain about how Haider-Rizvi treated them. The letter reminded Haider-Rizvi of the Authority’s policies against profanity, harassment, and abuse. (Id.). The letter notified Haider-Rizvi that he would be on disciplinary probation for 12 months and warned that any deviation from the Authority’s policies on professionalism could result in his termination. (Id.).

Between May and October 2014, toll plaza workers continued to complain about Haider-Rizvi’s behavior. Toll collector Brian Oyeama complained that Haider-Rizvi shouted at him when he asked for $100 in change from the plaza cash office. (Docket Entry No. 42-22). Toll collector Nicole Ginikanwa complained that Haider-Rizvi spoke rudely to her on a regular basis. (Docket Entry No. 42-33). Dean Smith, a technician working at the toll plaza, complained that Haider-Rizvi “told [him] off’ and threatened to generate a service call right before the end of Smith’s shift. (Docket Entry No. 42-24). On October 17, 2014, plaza manager James Evans sent personnel manager Donna Riske a “Demotion Request” letter outlining these and other complaints about Haider-Rizvi and asking that he be demoted to a toll-collector job and transferred to another toll plaza. (Docket Entry No. 42-21). On December 5, 2014, Clay Cossey, the Authority’s assistant director of human resources, informed Haider-Rizvi by letter that he was demoted to toll collector and transferred him to a different toll plaza, based on the continued complaints about his behavior. (Docket Entry No. 26).

Haider-Rizvi worked as a toll collector at a different plaza until April 2015. On April 21, 2015, Haider-Rizvi called into work to inform his supervisors that he would miss his shift because his wife was sick. Plaza manager Qemoni Stewart called Haider-Rizvi back to ask the reason for his absence. (Docket Entries No. 42-27; 42-28; 43-12). Two days later, Stewart issued Haider-Rizvi a written reprimand, stating that he had been hostile and abusive during that phone call. (Docket Entry No. 42-27). On April 27, 2015, Cheryl Pin-son, a lane supervisor at the toll plaza, filed a complaint against Haider-Rizvi. The complaint stated that Stewart had asked her to be present as a witness when he gave Haider-Rizvi the reprimand, and that Haider-Rizvi had become angry, [816]*816yelled, and used profanity. (Docket Entry No. 42-30).

Stewart wrote to Donna Riske, a personnel manager in the Authority’s human resources department, and asked for Raider-Rizvi’s termination. (Docket Entry No. 42-32). Stewart reported that Haider-Riz-vi had been hostile and abusive during the phone conversation about missing work, and that he had become irate when presented with the written reprimand stemming from that incident. (Id.).

Assistant director of human resources Clay Cossey wrote to Haider-Rizvi on May 12, 2015. The letter told Haider-Rizvi that he was terminated from his employment with the Toll Road Authority, effective immediately. (Docket Entry No. 42-33). In the letter, Cossey noted that Haider-Rizvi had violated multiple Authority employment policies by becoming hostile and aggressive and' using profanity during the April 27 meeting with Stewart. (Id.). This lawsuit followed.

II. The Applicable Legal Standards

A. Summary Judgment

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Bluebook (online)
243 F. Supp. 3d 811, 2017 WL 1048122, 2017 U.S. Dist. LEXIS 39945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haider-rizvi-v-harris-county-toll-road-authority-txsd-2017.