Siraj v. Hermitage in Northern Virginia

51 F. App'x 102
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 20, 2002
Docket01-1675
StatusUnpublished
Cited by4 cases

This text of 51 F. App'x 102 (Siraj v. Hermitage in Northern Virginia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siraj v. Hermitage in Northern Virginia, 51 F. App'x 102 (4th Cir. 2002).

Opinions

OPINION

BROADWATER, District Judge:

Jano M. Siraj sued her employer, The Hermitage in Northern Virginia, alleging discriminatory treatment in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq. The district court granted the employer’s motion for judgment as a matter of law at the conclusion of the plaintiffs case, finding no evidence to support Siraj’s claim of race discrimination or national origin. We affirm in part, reverse in part, and remand.

I.

Judgment as a matter of law is proper only if “there can be but one reasonable conclusion as to the verdict.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In considering the merits of a motion for judgment as a matter of law, the district court “should review all of the evidence in the record,” but “draw all reasonable inferences in favor of the nonmoving party, and it may not make credibility determinations or weigh the evidence.” Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). All evidence in the record that the jury is not required to believe must be disregarded. Id. at 151. “That is, the court should give credence to the evidence favoring the nonmovant as well as that evidence supporting the moving party that is uncontradicted and unimpeached, at least to the extent that that evidence comes from disinterested witnesses.” Id. (internal quotation marks omitted). We review a district court’s granting of a motion for judgment as a matter of law de novo. Anderson v. Russell, 247 F.3d 125, 129 (4th Cir.2001).

II.

The following facts are presented in accordance with the manner in which, as set [104]*104forth above, our court is required to view the evidence in this case.

A. Siraj’s Background

Siraj was born and raised in Ethiopia from where she immigrated to the United States in 1979. She is black and holds a bachelor’s degree in finance from Long Island University.

For a little more than six years, VUMH employed Siraj at its nursing home facility known as “The Hermitage in Northern Virginia” (the Nursing Home).1 From June 19, 1990, until her discharge on September 25, 1996, Siraj held the position of Personnel Coordinator at the Nursing Home. In this position, Siraj was responsible for all personnel functions at the Nursing Home with respect to the Nursing Home’s approximately 250 employees. Si-raj’s specific duties included processing payroll, maintaining personnel files, coordinating health insurance benefits, and coordinating retirement benefits.

Siraj also held the position of Business Office Assistant at the Nursing Home from September 1992 until her discharge by Christopher Henderson (Henderson) in September 1996. In the position of Business Office Assistant, Siraj was responsible for accounts receivable, which included keeping accounting records of all the payments and entry fees of the Nursing Home’s approximately 250 residents. After performing the accounts receivable function for approximately two months, Si-raj received a $2,392 per annum raise to compensate her for the additional responsibility. She also received a $1,040 per annum raise two months later. Thus, by November 1992, Siraj’s annual pay was $25,480.2

Siraj consistently received above average performance evaluations and coinciding pay raises during her employment at the Nursing Home. Notably, just three months prior to the time Henderson terminated Siraj, he gave her a $1,040 per an-num raise; this was the same amount of raise that he had given her the year before. In the most recent of Siraj’s annual performance evaluations (for the period June 1, 1994 to May 31, 1995), Henderson rated the quality of Siraj’s work “very high, accuracy and thoroughness beyond ordinary job requirements.” (J.A. 270). He also rated her as “extremely dependable in all respects” as far as being able to carry out instructions, fulfill responsibilities, and follow established procedures and policies. (J.A. 273). In all other categories of performance, including “Cooperation,” and “Job Knowledge,” Henderson rated Siraj as either meeting or exceeding expectations. (J.A. 271). Henderson also handwrote on the performance evaluation that Siraj “is very conscientious about her work ... [,] has many demanding peak points!,] and she handles them all very [105]*105well.”3 (J.A. 270). With the exception of the incident in September 1996, involving the two personnel files for Maintenance Department employees that Siraj provided for the inspection by Virginia’s Department of Social Services (the Social Services Department), Henderson never once complained to Siraj about any problems concerning her performance.

B. Mendoza Resigns in 1995 And Is Not Replaced

In December 1995 Mendoza began a three-month leave of absence. At the end of such leave of absence, she resigned as the Nursing Home’s Business Office Manager. Beginning in December 1995, Siraj was expected to perform all functions of the Business Office except the accounts payable function, which could be done in two hours per week. Thus, in addition to performing her functions as the Personnel Coordinator and performing the accounts receivable function, Siraj now became responsible for physically keeping the Nursing Home’s Business Office open for residents of the Nursing Home from 8:30 a.m. until 12 noon. With respect to the residents, the Business Office operated like a bank. Thus, residents would line-up to cash checks, deposit checks, make payments, and deposit and retrieve valuables from the Nursing Home’s vault. With all of the extra Business Office functions that Siraj now assumed, she worked between a fifty and sixty-hour work week, although VUMH only paid her for a forty-hour work week. Henderson assigned the accounts payable function to his white, American born administrative assistant, Joan Watkins (Watkins).4

In December 1995, Henderson gave Si-raj a written order that Watkins’ salary be raised $5,000 per annum. When shortly thereafter Siraj asked Henderson why he gave Watkins the raise, Henderson responded that he did so because Watkins had taken on the additional responsibility of accounts payable. At trial, Siraj testified, which testimony must be credited in this appeal, that the following exchange between her and Henderson then took place:

I said, accounts payable is a very small portion of the Business Office. I am doing two big departments and it is very hard for me. Even I thought [Mendoza] was coming [back from her leave of absence] and I was patient. And even when [Mendoza] was on vacation, I have to cover her, two weeks, three weeks at a time and I wasn’t compensated for it.
So, I asked him why is this? [Watkins] is only given a little, once a week just to post these things. And how come you don’t give me anything for everything that I do for two departments?
He said, you are the highest paid Personnel Coordinator in the company.

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51 F. App'x 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siraj-v-hermitage-in-northern-virginia-ca4-2002.