Elwakin v. Target Media Partners Operating Co. LLC.
901 F. Supp. 2d 730
E.D. La.2012Background
- Elwakil, an Arab, Egyptian, Muslim woman, sues Target for Title VII discrimination, hostile work environment, and retaliation.
- Target acquired News on Wheels in 2007; Domineck became Elwakil’s manager in Feb 2009.
- Feb 16, 2009 staff meeting: Domineck allegedly threatened Elwakil and Coffman was present.
- Elwakil’s last day of employment was Feb 23, 2009; Kenner Police issued a summons to Domineck in March 2009.
- Court previously dismissed some state-law claims; five motions were decided in this order, including strikes and summary judgment on remaining Title VII claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie discrimination established? | Elwakil met McDonnell Douglas prongs (protected class, qualified, adverse action, similarly situated). | Dispute over whether termination was a discharge or resignation; sales decline not linked to protected status. | Discrimination claim survives; genuine issue of material fact exists. |
| Hostile work environment due to race/religion/national origin? | Domineck’s comments affected Elwakil’s conditions of employment. | Incidents were not sufficiently severe or pervasive; context mattered. | Hostile environment claim survives in part; factual questions remain. |
| Retaliation claim viability? | Protected activity (police reports/complaints) linked to adverse action (termination). | Timing and protected activity insufficient to prove causation; EEOC charge timing after termination. | Police-report-based retaliation claim survives; EEOC-charge-based claim is dismissed. |
| Punitive damages availability? | Punitive damages may be warranted given discriminatory actions. | Kolstad standard requires malice or reckless indifference proven. | Punitive damages claim survives; not barred on summary judgment. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (establishes burden-shifting framework for discrimination)
- Burdine v. Department of Community Affairs, 450 U.S. 248 (1981) (prima facie framework; flexible in title VII)
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (employer liability for hostile work environment)
- Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993) (hostile environment severity/pervasiveness standard)
- Notaro v. Fossil Industries, Inc., 820 F. Supp. 2d 452 (2011) (knowledge as to supervisor harassment and notice)
- Nissho-Iwai American Corp. v. Kline, 845 F.2d 1300 (5th Cir. 1988) (unsigned/undated affidavits and authentication)