Jordan v. Alternative Resources Corp.

458 F.3d 332, 2006 WL 2337333
Court of Appeals for the Fourth Circuit·Decided May 12, 2006·No. 05-1485·Published·Cited by 59 cases

Opinions

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge WIDENER joined. Judge KING wrote a dissenting opinion.

NIEMEYER, Circuit Judge.

When the news broke in October 2002 that police in Montgomery County, Maryland, had captured two black men suspected of being the snipers who had randomly shot 13 individuals, killing 10, in separate incidents over a period of weeks in Maryland, Virginia, and the District of Columbia, an IBM employee watching the news on television in one of IBM’s Montgomery County offices exclaimed, “They should put those two black monkeys in a cage with a bunch of black apes and let the apes f — k them.” A fellow employee, Robert Jordan, who is black, was in the room at the time and heard the exclamation. Jordan was offended and discussed the incident with two other co-workers, who told him that the employee had made similar comments before. Jordan then reported the incident to management. A month later Jordan was fired, purportedly because he was “disruptive,” his position “had come to an end,” and management personnel “don’t like you and you don’t like them.”

Jordan sued IBM and Alternative Resources Corporation (“ARC”), alleging that they jointly were his employer, for retaliation in violation of Title VII of the Civil Rights Act of 1964, and for breach of contract, fraud, and violations of local employment laws. Pursuant to the motion of IBM and ARC, the district court dismissed the complaint by order dated March 30, 2005, under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted, and entered judgment on April 26, 2005. The court held that Jordan was not protected by Title VII from his employers’ retaliation because no objectively reasonable person could have believed that, in reporting the incident to management, Jordan was opposing an unlawful hostile work environment.

Jordan appealed, and, for the reasons that follow, we affirm.

I

In his complaint, Jordan alleges that in October 2002, he was employed jointly by ARC and IBM in Montgomery County, Maryland, because of the business relationship between the companies. He had entered into an at-will employment relationship with ARC in December 1998 as a network technician and, before October 2002, had been assigned to work at the IBM office in Gaithersburg, Montgomery County, Maryland.

Jordan alleges that, while in the network room at IBM’s office on October 23, 2002, he heard his co-worker, Jay Farjah, who was watching television, exclaim — not directly to Jordan but in his presence— “They should put those two black monkeys in a cage with a bunch of black apes and let the apes f — k them.” Farjah was speaking to the television in response to a report that John Allen Muhammad and Lee Boyd Malvo had been captured.

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Jordan v. Alternative Resources Corp., 458 F.3d 332, 2006 WL 2337333 (4th Cir. 2006).

458 F.3d 332 (Jordan v. Alternative Resources Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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