Ollis v. HearthStone Homes, Inc.

495 F.3d 570, 2007 U.S. App. LEXIS 17895, 89 Empl. Prac. Dec. (CCH) 42,905, 101 Fair Empl. Prac. Cas. (BNA) 109, 2007 WL 2141674
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 27, 2007
Docket06-2852
StatusPublished
Cited by29 cases

This text of 495 F.3d 570 (Ollis v. HearthStone Homes, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ollis v. HearthStone Homes, Inc., 495 F.3d 570, 2007 U.S. App. LEXIS 17895, 89 Empl. Prac. Dec. (CCH) 42,905, 101 Fair Empl. Prac. Cas. (BNA) 109, 2007 WL 2141674 (8th Cir. 2007).

Opinion

RILEY, Circuit Judge.

HearthStone Homes, Inc. (HearthStone) appeals the district court’s 1 denial of HearthStone’s motion for judgment as a matter of law and the district court’s grant of attorney fees in favor of Doyle Ollis Jr. (Ollis). We affirm.

I. BACKGROUND

Ollis worked as a sales associate from August 2000 to October 2003 for HearthStone, a company in the business of building and selling homes. Ollis is a member of the Assemblies of God Church, which is a Protestant Christian church. John Smith (Smith) is the owner and president of HearthStone. Smith believes in reincarnation and a person’s traumas in past lives can explain his or her behavior in the present life. Rachel Langford (Langford), a senior sales associate, was the initial leader of Offis’s sales team to whom Ollis could direct any complaints.

During Offis’s tenure at HearthStone, on certain occasions, HearthStone used Mind Body Energy (MBE) sessions to “cleanse [the] negative energy” from its employees in order to enhance their work performance. HearthStone encouraged and paid for its employees to attend an MBE course in California which required participants to read The Tibetan Book of Life, discussing Buddhist and Hindu teachings. HearthStone also required its employees to carry a card setting forth the company’s core values. HearthStone’s core values include spirituality and leaving behind all experiences from past lives, as well as the beliefs that everything in the universe is connected (including animals and past lives) and that uncorrected problems from past lives must be corrected in the present life.

HearthStone employed MBE coaches (including one who openly claimed to speak with animals) to assist employees in releasing negative energy from the body. HearthStone management encouraged employees to schedule appointments with these coaches for MBE sessions. Smith’s wife, Pamela Winters-Smith (Winters-Smith), the director of associate self-development and manager of HearthStone’s human resource department, kept a record of the employees’ MBE appointments and attendance. John Risley (Risley), a former sales manager at HearthStone, testified he felt MBE sessions were a job requirement.

Ollis told Langford the MBE sessions made him uncomfortable, MBE was cult-like and conflicted with his religious beliefs, and he did not want to participate in MBE activities. Langford did not report Offis’s religious concerns to her boss, Smith, because Langford feared losing her job, if she did make such a report. Lang-ford advised Ollis to make a standing appointment with the least offensive MBE coach, but to cancel those appointments later, in order to give management the impression “he bought into MBE concepts.” Ollis followed Langford’s instructions and canceled five of his twelve ap *574 pointments. Ollis further testified he also told Risley and Smith about his discomfort with MBE. Ollis expressed his disagreement with MBE at company sales meetings, and Ollis conveyed to Smith that MBE was fundamentally against his religious beliefs.

According to Smith, an employee’s negative energy could be discovered either through a machine that tests a person’s electromagnetic energy field or through a manual process called “muscle testing.” Muscle testing may require a person to extend his or her arms while answering “yes” or “no” questions. If the person’s extended arms remain strong while questioned as someone pushes down on the arms, the answer is “yes,” whereas, weak arms indicate an answer of “no.” Another example of muscle testing is to place two fingers together and to answer “yes” or “no” questions. If the fingers remain together, the answer is “yes”; whereas, if they separate, the answer is “no.”

Smith used muscle testing to make business decisions. Smith equates muscle testing “to someone who may pray before they make decisions.” On one occasion, HearthStone experienced drainage problems in one of its subdivisions. Smith determined, through muscle testing, Lang-ford’s ancestors had perished on that land during the Ice Age and Langford unknowingly was back to defend the land on behalf of her ancestors. HearthStone required Langford to attend MBE coaching sessions to cleanse her negative energy. On another occasion, Smith determined a particular subdivision was carrying negative energy, and some employees participated in a ceremony where the employees stood in a circle holding hands to clear negative energy.

In late September 2003, HearthStone hired Sarah Audas (Audas) to work as a sales associate under Ollis’s supervision. Approximately two weeks after Audas commenced work, Audas called Risley at home to tell him she was uncomfortable with certain sexual comments Ollis made to her and requested reassignment. Ris-ley reported the situation to Winters-Smith, who met personally with Audas to discuss her complaint. Thereafter, the HearthStone management team (which included Winters-Smith, Risley, and Smith) met with Ollis to discuss Audas’s complaint. The next day, the management team asked Ollis to prepare a written response. Ollis responded he had “crossed [the] boundaries” when he asked Audas several inappropriate questions while working together. Those questions included asking Audas about her “freakiest” sexual encounter, how long she had known her spouse before she had sex with him, how many sexual partners she had, and if she wore thong underwear. 2

The management team reviewed Ollis’s response and, on October 31, 2003, terminated Ollis for “poor leadership and lack of judgment.” Ollis’s official termination did not include any reference to sexual harassment. Smith testified he used “muscle testing” in his decision to terminate Ollis.

Ollis filed a lawsuit alleging religious discrimination and retaliatory discharge. Ollis claimed Hearthstone’s sexual harassment basis for his discharge was pretextual. At trial, the jury found in favor of Ollis, but awarded Ollis only nominal damages of $1.00. Holding there was suffi- *575 dent evidence to support the verdict, the district court denied Hearthstone’s motion for judgment as a matter of law and granted Ollis’s motion for attorney fees and costs. This appeal followed.

II. DISCUSSION

A. Motion for Judgment as a Matter of Law

HearthStone argues there was insufficient evidence to support Ollis’s claims for religious discrimination and retaliation and the district court erred in denying HearthStone’s motion for judgment as a matter of law. We disagree.

We review de novo the district court’s denial of Hearthstone’s motion for judgment as a matter of law. See Employers Mut. Cas. Co. v. Collins & Aikman Floorcoverings, Inc., 422 F.3d 776, 779 (8th Cir.2005). We review the evidence in the light most favorable to Ollis and do not engage in weighing or evaluating the evidence, nor will we decide any questions of credibility. Id. Judgment as a matter of law is proper only when there is no legally sufficient evidentiary basis for a reasonable jury to find for the prevailing party. See Wedow v. City of Kan. City, Mo.,

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495 F.3d 570, 2007 U.S. App. LEXIS 17895, 89 Empl. Prac. Dec. (CCH) 42,905, 101 Fair Empl. Prac. Cas. (BNA) 109, 2007 WL 2141674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ollis-v-hearthstone-homes-inc-ca8-2007.