Cham v. Station Operators Inc.
832 F. Supp. 2d 131
D.R.I.2011Background
- Cham is Muslim and African; he emigrated from Gambia to the U.S. in 2000 and was employed by Station Operators as a sales associate in Rhode Island starting in 2003.
- After a non-work-related car accident, Cham took medical leave from January 18 to March 14, 2005, and returned to work; he ultimately left on May 20, 2005, alleging constructive discharge.
- Cham filed discrimination charges with the RI Commission for Human Rights and the EEOC on February 8, 2006, and received right-to-sue notice on May 6, 2008.
- Cham sued for race, national origin, color, gender, religion discrimination under Title VII and RIPFMLA; he also claimed FMLA retaliation for taking medical leave.
- A jury trial began January 24, 2011; Cham’s hostile environment/disparate treatment claims were dismissed or withdrawn, leaving the FMLA retaliation claim for the jury.
- The jury returned a verdict for Cham on the FMLA retaliation claim; the court granted a new trial on grounds of prejudicial irrelevant evidence affecting the sole remaining claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie evidence for FMLA retaliation | Cham showed protected leave, adverse action, and causal link. | Cham failed to prove an adverse action or causal connection; willfulness not established. | Judge denied JMOL; there was a sufficient evidentiary basis for a prima facie showing and causation. |
| Willfulness and statute of limitations | Three-year willful period applies, so claim not time-barred. | Willfulness not shown; timing bars the claim. | Court found willfulness support; viable willful violation evidence supported a longer limitations period. |
| Prejudice from extraneous evidence warranting new trial | Background discriminatory evidence is relevant to animus and should not derail trial. | Irrelevant discrimination evidence prejudiced the FMLA claim, requiring new trial. | New trial granted due to miscarriage of justice from prejudicial extraneous evidence. |
Key Cases Cited
- Hodgens v. General Dynamics Corp., 144 F.3d 151 (1st Cir. 1998) (prima facie FMLA retaliation framework)
- Hillstrom v. Best Western TLC Hotel, 354 F.3d 27 (1st Cir. 2003) (willfulness definition and standard for FMLA)
- Meuser v. Fed. Express Corp., 564 F.3d 507 (1st Cir. 2009) (constructive discharge and intolerable conditions standard)
- GTE Products Corp. v. Stewart, 421 Mass. 22 (Mass. 1995) (definition of constructive discharge and intolerable conditions)
- Acevedo-Garcia v. Monroig, 351 F.3d 547 (1st Cir. 2003) (scope of evidentiary analysis in retaliation and discrimination contexts)
- Rosario v. Dept. of Army, 607 F.3d 241 (1st Cir. 2010) (comprehensive evaluation of hostile work environment standards)