304 F. Supp. 3d 405
S.D. Ill.2018Background
- Plaintiff Bryan Lambert, a black Jamaican-born House Officer (security guard) at Trump International Hotel, suffered from barber's itch (Folliculitis Barbae) and requested accommodation not to shave. He filed an EEOC charge on August 26, 2013 and later resigned March 13, 2015 claiming constructive discharge.
- Co-worker Thomas Ahearn allegedly made multiple racist remarks (Jan–Apr 2013); Trump investigated and terminated Ahearn, who was later reinstated after a union grievance. Lambert declined to transfer shifts though offered options.
- Lambert received a written warning for excessive absences (Oct 14, 2013) under Trump’s attendance policy; he does not dispute the absences but claims some were supported by doctor’s notes.
- Lambert alleges repeated denials of vacation, overtime, and use of hotel rooms (late 2013–early 2014), a single locker vandalism (Feb 2014), being asked to shave despite his condition (May–June 2014), being called “gay” by a bellman (July 2014), and being physically threatened by a security supervisor (July 2014).
- After Lambert submitted a doctor’s note and a written complaint about shaving, HR (Getman) promptly investigated and instructed supervisors not to ask him to shave; Lambert later took workers’ compensation leave (July 2014–Mar 2015) and resigned claiming he no longer felt safe.
- District court granted summary judgment for defendants on all federal and NYSHRL claims (dismissed with prejudice); declined supplemental jurisdiction over NYCHRL claims (dismissed without prejudice).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Race / national-origin discrimination (Title VII, NYSHRL) based on denials of vacation, overtime, hotel room, write-up, and menial tasks | Lambert contends denials and disciplinary actions were discriminatory and created adverse employment actions | Defendants assert denials were minor inconveniences, disciplinary write-up was application of preexisting attendance policy, and overtime records show Lambert worked as much or more than comparators | Court: No prima facie showing of materially adverse actions; summary judgment for defendants |
| Failure to accommodate (ADA, NYSHRL) — not being allowed to refrain from shaving | Lambert says Trump failed/delayed in accommodating his barber’s-itch condition and forced him to shave | Defendants show HR promptly investigated and instructed staff not to ask him to shave; accommodation effective and timely | Court: Accommodation was plainly reasonable and effective; no ADA/NYSHRL failure to accommodate |
| Retaliation (Title VII, NYSHRL) for filing EEOC charge — various adverse acts including write-up, denials, vandalism, threats | Lambert argues adverse acts were temporally related to EEOC filing and thus retaliatory | Defendants cite intervening chronology, prior warnings, lack of knowledge by alleged actors, and nonactionable remote temporal gaps | Court: No causal connection shown (temporal gaps too long, prior warnings, or no evidence actors knew of EEOC); summary judgment for defendants |
| Hostile work environment / constructive discharge | Lambert asserts cumulative incidents (racial comments, vandalism, insults, threats, accommodation issues) created intolerable conditions forcing resignation | Defendants argue incidents were episodic, addressed by HR, or not reported; no severe or pervasive pattern; resignation not shown to be compelled | Court: Conduct not sufficiently severe or pervasive; constructive discharge standard not met; summary judgment for defendants |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (establishes burden‑shifting framework for discrimination claims)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (plaintiff may show pretext to defeat summary judgment)
- Nassar v. Univ. of Tex. Sw. Med. Ctr., 570 U.S. 338 (retaliation requires but‑for causation)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (hostile work environment standard: severe or pervasive)
- Pa. State Police v. Suders, 542 U.S. 129 (constructive discharge linked to intolerable conditions/hostile environment)
- Alfano v. Costello, 294 F.3d 365 (Second Circuit hostile work environment factors)
- Abdu‑Brisson v. Delta Air Lines, Inc., 239 F.3d 456 (prima facie burden is de minimis)
- Weinstock v. Columbia Univ., 224 F.3d 33 (plaintiff must persuade factfinder of discriminatory intent to reach jury)