Kosereis v. Department for

331 F.3d 207, 84 Empl. Prac. Dec. (CCH) 41,545, 2003 U.S. App. LEXIS 11640, 92 Fair Empl. Prac. Cas. (BNA) 247
CourtCourt of Appeals for the First Circuit
DecidedJune 12, 2003
Docket02-2358
StatusPublished
Cited by229 cases

This text of 331 F.3d 207 (Kosereis v. Department for) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kosereis v. Department for, 331 F.3d 207, 84 Empl. Prac. Dec. (CCH) 41,545, 2003 U.S. App. LEXIS 11640, 92 Fair Empl. Prac. Cas. (BNA) 247 (1st Cir. 2003).

Opinion

BOWNES, Senior Circuit Judge.

Plaintiff-appellant, Ugurhan Akturk Ko-sereis (“Kosereis”), brought a discrimination claim in the district court against his employer, the State of Rhode Island Department for Children, Youth and Families, Rhode Island Training School (“the Training School”), and the director of the Training School in his official capacity. Kosereis alleged that the defendants discriminated against him based on his religion and national origin in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, and various state laws. The district court granted , the defendants’ motion for summary judgment because Kosereis failed to produce sufficient evidence that he suffered from discrimination. Although the district court’s decision contained legal errors, we affirm.

I. BACKGROUND

When reviewing a district court’s grant of summary judgment, we state the facts in the light most favorable to the opposing party and draw all reasonable inferences in his favor. See Sands v. Ridefilm Corp., 212 F.3d 657, 661 (1st Cir.2000). Kosereis is a Turkish-born Muslim who works as a vocational teacher at the Training School. *210 The Training School is a juvenile correction facility that contains both classrooms and residences. Kosereis has worked for the Training School since 1975. During his tenure, he has taught woodworking, autobody, and at the times relevant to this appeal, welding and auto mechanics.

Kosereis has experienced difficulties with tardiness and absenteeism. In 1981, the Training School issued Kosereis a reminder about taking excessive sick leave without proper documentation. The problem became worse in the mid-1990s when Arlene Chorney (“Chorney”) was hired as principal of the Training School. According to Kosereis, his discriminatory treatment “started the day Dr. Chorney became principal.”

Chorney instituted a new work schedule that, in Kosereis’ words, was “very complicated.” Kosereis claims that the complexity of the work schedule caused him to become confused about when he was required to report for work. In 1995, for example, disciplinary proceedings were initiated against Kosereis because he missed work without notifying the proper personnel In 1996, Kosereis was verbally disciplined for being late to a class. In 1997, Kosereis was given a written reprimand for faffing to report to his first period class. In 1998, Kosereis received a disciplinary letter for falsifying his time records. This reprimand, however, was later expunged from his record. In 1999, Ko-sereis was verbally reprimanded after he failed to report for work in the morning.

It is clear that Chorney made efforts to clarify the work schedule. As part of the verbal reprimand in 1996, Chorney explained the schedule to Kosereis in the presence of his union representative. In Kosereis’ 1997 letter, Chorney again offered Kosereis help:

As a professional, you are expected to arrive to school and classes on time. You are also expected to follow your schedule. If you are unable to understand your schedule, I will assist you further.

In addition to the alleged complicated work schedule, Kosereis claims that Chor-ney was responsible for a host of other problems. He says that Chorney did not give him sufficient funding, adequate supplies or proper facilities to teach auto mechanics. Kosereis was required to work in a particular building that he says lacked ventilation and was dirty. Chorney denied Kosereis’ request for a sabbatical to travel to Turkey and study that country’s juvenile justice system. Instead, Kosereis was granted a sabbatical to take courses in Rhode Island. Kosereis also says that Chorney did not do enough to stop students from calling him “turkey” and teachers teasing him about his Turkish food in the lunchroom.

In 1995, Kosereis was laid off and soon after initiated an administrative appeal with the Rhode Island Commissioner of Education (“the Commissioner”). While the appeal was pending, Kosereis filed a claim with the Rhode Island Commission for Human Rights (“RICHR”) and the Equal Employment Opportunity Commission (“EEOC”) alleging that his job was terminated because of discrimination. The EEOC ultimately issued Kosereis a right to sue letter, but the RICHR did not.

In 1996, Kosereis’ administrative appeal of his lay-off was decided. The Commissioner determined that Kosereis was laid off for “good and just cause,” but nevertheless reinstated him with backpay because he did not receive a timely notice of his lay-off.

Two years after Kosereis returned to work, he filed another set of claims with the RICHR and the EEOC. This time, he alleged that Chorney’s disciplinary actions *211 stemming from his absenteeism constituted discrimination. Kosereis claimed he was disciplined in retaliation for filing his earlier claims of discrimination. Both the RICHR and the EEOC issued right to sue letters.

Having properly navigated the administrative waters of the RICHR and the EEOC, Kosereis filed a complaint in the district court. He alleged that the defendants violated Title VII by creating a hostile work environment and denying him equal terms and conditions of employment because of his religion and national origin. Kosereis then amended his complaint and added the allegation of retaliation. Koser-eis also raised claims under the Rhode Island Civil Rights Act, R.I. Gen. Laws § 42-112-1 (1998), and the Rhode Island Fair Employment Practices Act, R.I. Gen. Laws § 28-5-1 (2000).

After discovery, the defendants moved for summary judgment. The district court referred the case to a Magistrate Judge who recommended that the defendants’ motion be granted. The district court adopted the Magistrate Judge’s recommendation and granted summary judgment in favor of the defendants on both the federal and state law claims. Kosereis filed a timely appeal, but challenged only the district court’s rulings regarding the federal law claims. It is to these rulings we now turn.

II. DISCUSSION

We review a district court’s grant of summary judgment de novo. See Muniz Cortes v. Intermedies, Inc., 229 F.3d 12, 14 (1st Cir.2000). Summary judgment for the defendants is appropriate when the evidence is so one-sided that no reasonable person could find in favor of the plaintiff. See Kearney v. Town of Wareham, 316 F.3d 18, 22 (1st Cir.2002). There are four issues we must address in this appeal: whether Kosereis was precluded from litigating issues pertaining to his lay-off; whether Kosereis was treated differently than other co-workers because of his religion and national origin; whether Kosereis suffered from a hostile work environment; and whether Kosereis was subjected to discriminatory retaliation.

A. Preclusion

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lath v. Austin III
D. Massachusetts, 2023
Lopez-Hernandez v. Terumo Puerto Rico LLC
64 F.4th 22 (First Circuit, 2023)
Gillenwater v. D' Agostino
D. Massachusetts, 2022
Frith v. Whole Foods Market, Inc.
38 F.4th 263 (First Circuit, 2022)
Timothy Record v. P Hannaford Bros. Co., LLC
2021 DNH 054 (D. New Hampshire, 2021)
Henderson v. MBTA
First Circuit, 2020
Theidon v. Harvard University
948 F.3d 477 (First Circuit, 2020)
Calderia, LLC, et al. v. P City of Claremont, NH
2025 DNH 018 (D. New Hampshire, 2017)
LaBranche v. Frisbee Memorial Hospital
2016 DNH 197 (D. New Hampshire, 2016)
Dipigney v. AutoZoners
2014 DNH 214 (D. New Hampshire, 2014)
Chavda v. University System of NH
2014 DNH 162 (D. New Hampshire, 2014)
Richard Carey v. Fed Express Corp
519 F. App'x 772 (Third Circuit, 2013)
McCullers v. Secretary Dept Homeland
427 F. App'x 190 (Third Circuit, 2011)
Duchesne v. BANCO POPULAR DE PUERTO RICO, INC.
742 F. Supp. 2d 201 (D. Puerto Rico, 2010)
South Middlesex Opportunity Council, Inc. v. Town of Framingham
752 F. Supp. 2d 85 (D. Massachusetts, 2010)
Sanchez-Rodriguez v. AT & T WIRELESS
728 F. Supp. 2d 31 (D. Puerto Rico, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
331 F.3d 207, 84 Empl. Prac. Dec. (CCH) 41,545, 2003 U.S. App. LEXIS 11640, 92 Fair Empl. Prac. Cas. (BNA) 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kosereis-v-department-for-ca1-2003.