Isaacs v. Felder Services, LLC

143 F. Supp. 3d 1190, 2015 U.S. Dist. LEXIS 146663, 99 Empl. Prac. Dec. (CCH) 45,431, 128 Fair Empl. Prac. Cas. (BNA) 365, 2015 WL 6560655
CourtDistrict Court, M.D. Alabama
DecidedOctober 29, 2015
DocketCIVIL ACTION NO. 2:13cv693-MHT
StatusPublished
Cited by9 cases

This text of 143 F. Supp. 3d 1190 (Isaacs v. Felder Services, LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Isaacs v. Felder Services, LLC, 143 F. Supp. 3d 1190, 2015 U.S. Dist. LEXIS 146663, 99 Empl. Prac. Dec. (CCH) 45,431, 128 Fair Empl. Prac. Cas. (BNA) 365, 2015 WL 6560655 (M.D. Ala. 2015).

Opinion

[1191]*1191OPINION

Myron H. Thompson, UNITED STATES DISTRICT JUDGE

This is an employment-discrimination case. Plaintiff Roger Isaacs alleges that defendant Felder Services, LLC, his former employer, (1) discriminated against him (by firing him) on the basis of his sex, gender non-conformity, and sexual orientation; (2) subjected him to sexual harassment which created a hostile-work environment; and (3) retaliated against him for complaining about that harassment, all in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.

This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that summary judgment should be granted in favor of Felder Services on all three claims. See Report and Recommendation (doc. no. 41) (hereafter “R & R”). There are no objections to the recommendation. After an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted, albeit for somewhat different reasons. See Fed. R. Civ. P. 59(b)(3). These reasons are set out below.

1. Facts

Because the facts are set out in detail in the R & R, they are summarized only briefly here.

Isaacs is a gay man. For about six months, he was an employee of Felder Services, which provides services to healthcare facilities (Isaacs worked as' a dietician). Felder Services had a contract with Arbor Springs Health and Rehabilitation Center in Opelika, Alabama, and Isaacs was assigned to work there.

Isaacs worked with employees of both Felder Services and Arbor Springs, but had no on-site supervisor. Instead, his boss was Debbie McGarvey, a regional supervisor for Felder Services. There is no evidence to suggest that Felder Services exercised authority over Arbor Springs employees at the facility or that anyone at Arbor Springs exercised authority over Isaacs. This court has previously dismissed Isaacs’s claims against Arbor Springs, ruling that it was not Isaacs’s employer or co-employer. See Isaacs v. Felder Servs., LLC, No. 2:13-CV-693-MEF, 2014 WL 2806128 (M.D.Ala.2014)(Fuller, J.).

McGarvey asked Isaacs to work at another facility in Florala, Alabama, once every three weeks. Because Isaacs had been injured in a car accident, he asked for, and was given, permission for a man he identified as his brother but who was actually his husband to drive him to Flora-la, and for the two to stay overnight there. (There is a dispute as to whether McGar-vey authorized Isaacs to seek reimbursement for expenses incurred by his husband.) Isaacs began staying in Florala, with his husband, the nights before and after he was to work in the facility there; he submitted the expenses they both incurred for reimbursement by Felder Services.

In addition, Isaacs brought his mother along on some of his trips to Florala, and he submitted multiple reimbursement requests for' meals and lodging for her. Isaacs offers no evidence — even in the form of his own deposition testimony — to suggest that these expenses were authorized. Finally, Isaacs submitted a visitor pass from an air force base, on which he had handwritten “$ 50.” Although he gave no explanation for the request when it was submitted (visitor passes are free), he later testified that he had taken his husband and mother there; because they received no receipt for their meal, he estimated that it had cost $ 50 and wrote that amount on the visitor pass.

[1192]*1192On July 23, 2012, Juli Bleicher, an administrative assistant at Felder Services, began an investigation into Isaacs’s reimbursement requests after noticing that he had submitted requests for three people and finding the visitor pass suspicious. The next day, July 24, McGarvey sent Isaacs an e-mail instructing him to send her copies of future expenses for approval; McGarvey also spoke with Bleicher, and informed her that Isaacs was not due reimbursement for meals and lodging for his mother or husband. On July 26, at 2:00 p.m., Bleicher sent Isaacs an e-mail asking him to call her to discuss his expense reports.

At exactly the same time on July 26 as Bleicher e-mailed Isaacs, Isaacs attended a staff meeting at Arbor Springs, the events of which apparently form the sole basis for his allegations of discrimination. Isaacs was the only Felder Services employee present, and the meeting was run by the associate director of nursing, Cheri Place. According to Isaacs (and as disputed by both Place and the other attendees), after he and Place began to disagree about whether staff members were correctly completing a form, Place asked someone to put tape over Isaacs’s mouth, approached Isaacs and made an allegedly masturbatory hand gesture, and acknowledged that Isaacs’s reading of the form was correct by saying, “Cupcake was right.” • After the meeting concluded, Isaacs submitted a letter describing what had occurred to the associate director of Arbor Springs.

At some point between July 26 and 31, Bleicher first brought the issue of Isaacs’s questionable expenses to the attention of David Perez, the director of'human resources at Felder Services. Isaacs called Bleicher back on July 30, and they discussed the disputed expenses.

On July 31, Isaacs forwarded his complaint letter to McGarvey; the same day, she forwarded the letter to Perez, and to K.C. Komer, another supervisor. Komer contacted Isaacs that day: he thanked Isaacs for letting him know about the incident and told him that, if he felt uncomfortable at Arbor Springs, he was free to leave with pay until the issue was resolved. Isaacs left Arbor Springs and never returned.

When Perez received the letter, he contacted Mark Traylor, the owner-administrator of Arbor Springs, and asked him to interview the Arbor Springs employees who were present at the meeting with Place. These interviews were concluded on August 1. Before Perez received the results of Traylor’s investigation, Bleicher reported to him that Isaacs had submitted false charges and sought reimbursement for unauthorized expenses. Then, Traylor reported to Felder Services (directly to its president, Kevin Muscat) his finding that Isaacs’s allegations were baseless.

On August 7, Perez and Muscat decided to terminate Isaacs’s employment based on the improper reimbursement requests.

2. Discrimination

Isaacs claims that Felder Services terminated him because he is male. The recommendation concludes that the court “need not engage in a discussion regarding whether or not Plaintiff has provided evidence of comparators for the purposes of the prima-facie-case analysis because Plaintiff has offered no evidence of gender-discrimination by Defendant Felder,” given that his claim revolves around the harassment he allegedly suffered at the hands of Place, and Place was not an employee, or otherwise under the control or authority, of Felder Services. R & R at 20. The court takes issue with this reasoning. Had Isaacs identified a relevant female comparator, the fact that she was not terminated would have constituted just the sort of circumstantial evidence of discrimination by his employer that his claim [1193]*1193now lacks.

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Bluebook (online)
143 F. Supp. 3d 1190, 2015 U.S. Dist. LEXIS 146663, 99 Empl. Prac. Dec. (CCH) 45,431, 128 Fair Empl. Prac. Cas. (BNA) 365, 2015 WL 6560655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/isaacs-v-felder-services-llc-almd-2015.