Drenowatz v. Republic Services Inc
3:25-cv-01583
N.D. Tex.Sep 23, 2025Background
- Plaintiff Chris Drenowatz, a 54-year-old white Christian male, worked as a field procurement manager at Republic Services from 2017 to September 20, 2024.
- He alleges promotion denials in spring 2022 and January 2024 were due to race, age, sex, and religion, and claims the promoted individuals were less qualified.
- In June 2023, Fariba Azadeh, a Muslim woman under 40, became his supervisor; he alleges differential treatment compared to others.
- After he complained to HR about discrimination, HR disclosed the complaint to Azadeh and Stephanie Brown, who allegedly treated him differently.
- He was placed on a performance improvement plan in July 2024 and fired on September 20, 2024, before completing the plan.
- He filed an EEOC charge on February 19, 2025, received a Right to Sue Letter on March 31, 2025, filed suit in Texas May 2025, and, after removal, Republic moved to dismiss and strike the jury demand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of pre-4/25/2024 acts under Title VII/ADEA | Drenowatz's facts fall within the applicable charging periods. | Acts before 4/25/2024 are time-barred absent timely EEOC filing or state filing exceptions. | Pre-4/25/2024 discriminatory acts are time-barred and dismissed with prejudice. |
| Religious discrimination viability under Title VII | Plaintiff alleges adverse action based on religion. | No factual basis tying adverse actions to religion; mere passing reference to religion. | Religious-discrimination claim dismissed without prejudice; leave to amend granted. |
| Jury trial waiver enforceability | Jury demand should be allowed despite alleged waiver. | Contractual jury waiver valid and voluntarily made; waiver not relinquished by Republic. | Jury demand struck; case to proceed as bench trial; scheduling amended. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility requirement for factual allegations)
- Pizza Hut L.L.C. v. Pandya, 79 F.4th 535 (5th Cir. 2023) (jury-waiver standards under contracts allowing waiver)
- National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (discrete discriminatory acts time-bar rule; each act starts a new clock)
- Collins v. Morgan Stanley Dean Witter, 224 F.3d 496 (5th Cir. 2000) (pleading standards and review under Iqbal/Twombly in Fifth Circuit)
- Barrow v. New Orleans Steamship Ass’n, 932 F.2d 473 (5th Cir. 1991) (timeliness bar in administrative exhaustion context)