Isaacs v. Felder Services, LLC
128 Fair Empl. Prac. Cas. (BNA) 365
M.D. Ala.2015Background
- Plaintiff Roger Isaacs, a gay male dietician, worked for Felder Services and was assigned to an Arbor Springs facility; he had no on-site Felder supervisor.
- Isaacs alleged Arbor Springs’ employee Cheri Place made sexually harassing comments/gestures at a staff meeting and he reported that conduct to Felder supervisors.
- Around the same time Felder investigated Isaacs for allegedly submitting unauthorized reimbursement requests (meals/lodging for his husband and mother; a questionable air‑base visitor pass).
- Felder’s HR learned Arbor Springs’ administrator found Isaacs’ harassment complaint baseless; Felder concluded Isaacs submitted improper expenses and terminated him on August 7, 2012.
- Isaacs sued under Title VII for sex discrimination (including gender non‑conformity and sexual orientation), hostile‑work environment, and retaliation.
- The magistrate judge recommended, and the district court adopted, summary judgment for Felder on all claims after independent review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sex discrimination (male) | Isaacs: Fired because he is male | Felder: Termination based on improper reimbursement, not sex | Summary judgment for Felder; Isaacs failed to identify a relevant female comparator |
| Gender non‑conformity stereotyping | Isaacs: Fired for being effeminate (tone/behavior) | Felder: No evidence Felder employees acted with discriminatory intent | Summary judgment for Felder; no direct/circumstantial evidence linking termination to stereotyping |
| Sexual‑orientation discrimination | Isaacs: Fired because he is gay | Felder: Termination for expense misconduct; sexual orientation not the cause | Court: Title VII can cover sexual‑orientation claims, but Isaacs produced no evidence tying termination to orientation; summary judgment for Felder |
| Hostile‑work environment & Retaliation | Isaacs: Harassment created hostile environment; he was retaliated against after complaining | Felder: Harassment allegedly by non‑employee and termination due to expense fraud; any protected complaint did not cause firing | Summary judgment for Felder on hostile‑work environment and retaliation; record lacks causation/supporting evidence |
Key Cases Cited
- Holifield v. Reno, 115 F.3d 1555 (11th Cir. 1997) (similarly situated comparator analysis for discipline)
- Zann Kwan v. Andalex Group LLC, 737 F.3d 834 (2d Cir. 2013) (multiple but‑for causes may each support liability)
- Allstate Ins. Co. v. James, 779 F.2d 1536 (11th Cir. 1986) (permitting alternative and inconsistent theories)
- Parr v. Woodmen of the World Life Ins. Co., 791 F.2d 888 (11th Cir. 1986) (association discrimination as race/sex discrimination analogy)
- Muhammad v. Caterpillar Inc., 767 F.3d 694 (7th Cir. 2014) (discussing sexual‑orientation discrimination jurisprudence)
- Latta v. Otter, 771 F.3d 456 (9th Cir. 2014) (gender‑stereotyping discussion)
- Nev. Dep’t of Human Res. v. Hibbs, 538 U.S. 721 (2003) (anti‑stereotyping rationale cited)