Nicola v. Washington Times Corp.

947 A.2d 1164, 2008 D.C. App. LEXIS 237, 103 Fair Empl. Prac. Cas. (BNA) 759, 2008 WL 2048009
CourtDistrict of Columbia Court of Appeals
DecidedMay 15, 2008
Docket06-CV-1334
StatusPublished
Cited by22 cases

This text of 947 A.2d 1164 (Nicola v. Washington Times Corp.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nicola v. Washington Times Corp., 947 A.2d 1164, 2008 D.C. App. LEXIS 237, 103 Fair Empl. Prac. Cas. (BNA) 759, 2008 WL 2048009 (D.C. 2008).

Opinion

FERREN, Senior Judge:

Telahun Nicola (appellant) sued his former employer, News World Communications, Inc. 1 (appellee) alleging three violations of the District of Columbia Human Rights Act: 2 (1) discrimination on the basis of religion, (2) subjection to a hostile work environment, and (3) retaliation for complaining about perceived discriminatory treatment. The trial court denied News World’s motion for summary judgment, but after hearing Nicola’s evidence, the court granted News World’s motion for a directed verdict on all three claims. It found only a “speculative” connection between “the claim of religious discrimination” and the adverse employment actions taken against Nicola. The court also awarded costs and fees to the employer. On appeal, Nicola argues that the trial court erred in both respects. We affirm the grant of a directed verdict, but reverse and remand with respect to the award of certain costs and fees to News World.

I.

News World hired Nicola in March 1997 as its Engineering and Operations Manager in the Facilities Department. As one of his duties he prepared conference rooms for meetings of the Unification Church held in News World’s buildings. Indeed, News World has strong ties to the Unification Church. Dong Moon Joo, President of its subsidiary, The Washington Times Corporation, is a Unification Church member. The Reverend Sun Myung Moon, founder and head of the Unification Church, has an office in one of News World’s corporate buildings. And Nicola’s immediate supervisor, Richard Oben, the company’s Director of Facilities, is also a Church member. Other members of the Unification Church with whom Nicola interacted included James Borer, who served as News World’s human resources director, in-house counsel, and corporate secretary, and his wife, Lucille Borer, employed as administrative assistant to Richard Amberg, News World’s Vice President and General Manager (who was not a member of the Unification Church).

During his tenure at News World, Nicola was commended for his industriousness and praised for his individual accomplishments. He received an employee of the year award in May 2003, and his performance evaluations were largely favorable. However, following a series of incidents *1168 with his supervisors and subordinates, Nicola was fired in October 2003. He contends that he lost his job for two principal reasons: he rejected Lucille Borer’s invitation to attend a Unification Church blessing ceremony in New York City, and he impeded efforts to hire and promote another Unification Church member, Kevin Quinn, whom Nicola considered unqualified. 3

As to the first incident, Nicola testified at trial that in the summer of 2001, Lucille Borer called him to her office to invite him and his wife to attend the New York blessing ceremony. She told Nicola that she and her husband would accompany them and stand by their sides during the blessing. Nicola understood this ceremony to be a mass marriage presided over by the head of the Unification Church, and he believed that his attendance would have made him a member of the Church. Nicola replied that he would discuss the invitation with his wife. Lucille Borer followed up the invitation by calling Nicola at home and leaving a message on the answering machine. Nicola called Borer at home and told her that he and his wife would not be able to attend, as they had to accompany their son to a golf tournament. Nicola testified that after he had rejected the invitation, he was treated differently at News World. Lucille Borer, for example, began to call him to complain about facility maintenance problems, something that she had not done before. And Washington Times president Dong Mong Joo, who had previously been friendly toward Nicola, began to treat him indifferently and ignore him.

Nicola then testified that the reactions of his superiors to his resistance to hiring and promoting of Kevin Quinn, a Unification Church member, as well as their responses to his efforts to discipline Quinn, provide further evidence that his employment termination was the result of religious discrimination. Nicola said that although he usually had significant autonomy in filling vacant positions within his department, Oben had instructed him to re-hire Quinn as a building technician. (Quinn had resigned in 1992 from a job with News World.) Nicola believed that Quinn was unqualified for the position and pointed out to Oben various irregularities in his hiring. On his employment application, Quinn had listed as his minimum desired wage an amount higher than the wage paid the prior incumbent — a violation of News World’s corporate policy for new hires. After Nicola called Oben’s attention to that policy, Oben obtained approval from the finance department to pay Quinn the higher wage, and Quinn was re-hired in December 2000. Nicola further testified that later his own signature was forged, and the date altered, on personnel action forms used to award Quinn a raise. Eventually, when Nicola’s assistant resigned, Oben urged him to promote Quinn to that position. Nicola insisted that Quinn was not qualified to serve as his assistant, and the position was filled by someone else.

Nicola, in his testimony and written memoranda, contends that Quinn, upon starting work, began to foment trouble in the Facilities Department by acting disre- *1169 spectMly to Nicola and encouraging other employees to do the same, bragging to coworkers about his friendship with Oben, failing to complete assigned jobs, sleeping on the job, and writing memoranda to Nicola on which Oben was copied, accusing Nicola of being a liar. Nicola stressed that, in spite of this misconduct, Oben would not allow him to discipline Quinn. Moreover, aside from Quinn’s on-the-job performance, Nicola was aggrieved by a series of personal confrontations with Quinn that took place in 2003. Nicola testified that after an argument between the two men that took place in the company van, Quinn slammed the door and, in the process, injured Nicola’s ear. Nicola further testified that in a meeting he had attended with Oben and Quinn, Quinn read a memorandum to Oben berating Nicola, after which Oben verbally attacked Nicola. Nicola also testified that a few days after this meeting, Quinn confronted him in the company parking lot and challenged him to a fight. Nicola recorded his recollection of the incident in a memorandum and, after consulting with Amberg (the Vice President and General Manager), he issued Quinn a written warning, even though Oben and Borer had discouraged this course of action.

Around the time of these confrontations with Quinn, Nicola was experiencing other difficulties with his employment. In June 2003, he said, Oben and Borer told him to attend a team-building seminar and listen to a series of related audio tapes. Nicola initially refused, writing a memorandum highly critical of his supervisors in which he explained that he did not believe he needed to attend the seminar. Nicola ultimately attended the seminar and listened to the tapes, but Amberg — called by Nicola as a witness — testified that he believed Nicola’s initial, pointed refusal to attend the seminar was insubordination, and that he would have terminated Nicola’s employment at that time had Oben not insisted that the dispute could be resolved.

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

Related

Sonmez v. WP Company, LLC
District of Columbia Court of Appeals, 2025
Sampay v. American University
District of Columbia Court of Appeals, 2023
Ehab Asal v. Estate of Mina
District of Columbia Court of Appeals, 2021
Ukwuani v. DC
District of Columbia Court of Appeals, 2020
Mkwanazi v. National Public Radio, Inc.
District of Columbia, 2020
DC Dept. of Public Works v. DC Office of Human Rights & Jeffrey Dickerson
195 A.3d 483 (District of Columbia Court of Appeals, 2018)
UMC Development, LLC v. District of Columbia
120 A.3d 37 (District of Columbia Court of Appeals, 2015)
Cormier v. District of Columbia Water & Sewer Authority
84 A.3d 492 (District of Columbia Court of Appeals, 2013)
Bilal-Edwards v. United Planning Organization
896 F. Supp. 2d 88 (District of Columbia, 2012)
Mody v. Center for Women's Health, P.C.
998 A.2d 327 (District of Columbia Court of Appeals, 2010)
Lewis v. District of Columbia Department of Motor Vehicles
987 A.2d 1134 (District of Columbia Court of Appeals, 2010)
Walston-Jackson v. Cca of Tennessee, Inc.
664 F. Supp. 2d 24 (District of Columbia, 2009)
Jackson v. Cca of Tennessee, Inc.
District of Columbia, 2009
Randolph v. ING LIFE INSURANCE AND ANNUITY CO.
973 A.2d 702 (District of Columbia Court of Appeals, 2009)
Smith v. Café Asia
256 F.R.D. 247 (D.C. Circuit, 2009)
Feemster v. BSA LTD. PARTNERSHIP
548 F.3d 1063 (D.C. Circuit, 2008)
Fred A. Smith Management Co. v. Cerpe
957 A.2d 907 (District of Columbia Court of Appeals, 2008)
Taylor v. District of Columbia Water & Sewer Authority
957 A.2d 45 (District of Columbia Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
947 A.2d 1164, 2008 D.C. App. LEXIS 237, 103 Fair Empl. Prac. Cas. (BNA) 759, 2008 WL 2048009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicola-v-washington-times-corp-dc-2008.