216 F. Supp. 3d 535
E.D. Pa.2016Background
- Maurice Darby, a long-term Temple University housekeeper and Baptist, alleges Muslim coworkers assaulted or threatened him in two prior incidents; Temple took no discipline against them.
- After a coworker (David Chesney) allegedly inappropriately touched Darby in a locker room, Darby suffered severe psychological symptoms and was granted FMLA leave from March through May 2014, with a later requested extension into June.
- While on FMLA leave Darby confronted Chesney; Chesney then reported Darby had threatened him. Temple investigated, closed Darby’s complaint against Chesney, and scheduled a review of Chesney’s complaint against Darby.
- Two days after that review (and immediately after Darby’s doctor recommended an FMLA extension), Temple terminated Darby for threatening/harassing behavior; Darby alleges similarly situated Muslim coworker who threatened him was not disciplined.
- Procedural posture: After an initial complaint was dismissed in part, Darby filed an amended complaint asserting Title VII religious discrimination and retaliation, PFPO discrimination and retaliation, and FMLA retaliation; Temple moved to dismiss; the court grants dismissal of the retaliation claims under Title VII and PFPO but denies dismissal of Title VII religious discrimination and FMLA retaliation claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Title VII — religious discrimination | Darby: he was terminated because of his Baptist religion; he was open about his faith and treated less favorably than Muslim coworkers | Temple: complaint lacks facts showing decisionmakers knew Darby’s religion and comparator evidence is inadequate | Court: Denies dismissal — amended complaint plausibly alleges employer knowledge and comparator-based inference of discrimination |
| Title VII — retaliation for opposing discrimination | Darby: his complaint about Chesney’s conduct was protected opposition to discrimination | Temple: Darby did not engage in protected activity showing opposition to religious discrimination | Court: Grants dismissal — amended complaint fails to allege protected activity; leave to amend denied |
| PFPO — discrimination and retaliation | Darby: city ordinance claims mirror Title VII claims | Temple: same defenses as Title VII | Court: PFPO discrimination claim survives (parallel to Title VII); PFPO retaliation claim dismissed (parallel to Title VII) |
| FMLA — retaliation for taking/extended leave | Darby: termination occurred immediately after doctor’s recommendation to extend FMLA, creating plausible causal link | Temple: previously approved leave shows no animus; alternatively termination was based on Chesney’s complaint that Darby threatened him | Court: Denies dismissal — temporal proximity and comparator/allegations render FMLA retaliation plausible at pleading stage |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (framework for discrimination prima facie case)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (complaint must plead factual plausibility)
- Ashcroft v. Iqbal, 556 U.S. 662 (threadbare conclusions insufficient)
- Fowler v. UPMC Shadyside, 578 F.3d 203 (Iqbal/Twombly application in Third Circuit)
- Geraci v. Moody-Tottrup, Int’l, Inc., 82 F.3d 578 (employer knowledge of religion required)
- Moore v. City of Philadelphia, 461 F.3d 331 (elements of Title VII retaliation claim)
- Lee v. Kansas City S. Ry. Co., 574 F.3d 253 (factors for assessing "similarly situated" comparators)
- Holifield v. Reno, 115 F.3d 1555 ("similarly situated" standard)
- Conoshenti v. Public Serv. Elec. & Gas Co., 364 F.3d 135 (elements and causation for FMLA retaliation)
- William Paterson College of N.J. v. 260 F.3d 265 (temporal proximity as evidence of FMLA causation)