Emad v. The Boeing Company
2:14-cv-01233
W.D. Wash.Aug 11, 2015Background
- Emad, an Egyptian-born Muslim who identifies as Arab-American and African-American, worked as an assembler/installer at Boeing beginning January 2012 and alleges repeated racial, national-origin, and religious epithets and insults by coworkers and supervisors.
- Reported slurs included references such as “Ali-Baba terrorist,” “camel jockey,” and other Islamophobic and racial comments; coworkers allegedly made derogatory remarks and posed humiliating suggestions; Plaintiff alleges chlorine/bleach was put in his water bottle after he began reporting harassment.
- Emad alleges he was denied a temporary team-lead promotion in August 2012 after training for it; a manager (Hall) allegedly said, “I’m not going to let that Ali-Baba terrorist be a Team Lead.”
- Emad reported harassment to supervisors, HR, Boeing’s Equal Employment Office, and later filed an EEOC charge; he alleges Boeing’s investigation was inadequate, corrective measures ineffective, and harassment continued (including after his transfer).
- Procedural posture: Boeing moved for summary judgment on all claims. Court denied summary judgment on disparate treatment, hostile work environment, and retaliation claims; granted summary judgment for Boeing on Emad’s intentional and negligent infliction of emotional distress claims (duplicative of discrimination claims).
Issues
| Issue | Emad's Argument | Boeing's Argument | Held |
|---|---|---|---|
| Disparate treatment (denial of temporary lead) | Denial was an adverse employment action based on racial/religious animus; manager called him an “Ali-Baba terrorist.” | Denial was not a material adverse action; decision due to process concerns, not discrimination. | DENIED summary judgment — factual dispute (adverse action and animus) for jury. |
| Hostile work environment (supervisors) | Frequent, consistent racist/anti-Muslim conduct by multiple supervisors created abusive environment. | Company had anti-harassment policy and investigated; supervisor conduct not severe/pervasive. | DENIED — genuine dispute whether supervisor harassment was severe/pervasive and imputable to Boeing. |
| Employer liability for coworker harassment | Boeing knew or should have known and failed to take adequate corrective action; harassment persisted. | Boeing investigated and issued corrective memoranda; transfer remedied the issue. | DENIED — factual disputes on notice and adequacy/effectiveness of remedies. |
| Retaliation (after complaints) | Increased harassment after reporting was materially adverse and could deter charging activity. | Post-complaint conduct was mere ostracism or trivial and not materially adverse. | DENIED — jury question whether harassment following complaints was materially adverse and retaliatory. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (legal framework for disparate treatment burden-shifting)
- Faragher v. City of Boca Raton, 524 U.S. 775 (employer vicarious liability and affirmative defense for supervisor harassment)
- Vance v. Ball State Univ., 133 S. Ct. 2434 (definition of "supervisor" and tangible employment action)
- Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (retaliation adverse-action standard — materially adverse)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden-shifting principles)
- Nichols v. Azteca Rest. Enterprises, Inc., 256 F.3d 864 (effectiveness of employer remedial measures; complaint-procedure element)
- Manatt v. Bank of Am., N.A., 339 F.3d 792 (applying Title VII principles to § 1981 claims)
