Robert Johnson v. Interstate Management Co., LL
849 F.3d 1093
| D.C. Cir. | 2017Background
- Robert Johnson worked as a cook at a hotel managed by Interstate Management Company from 1996–2011 and accumulated repeated documented performance and sanitation warnings from 2007–2011.
- Incidents included undercooked food at a large banquet, cross-contamination risks, improper thawing/cooling, setting off a fire alarm, and (in 2011) a breaded chicken found with plastic melted under the breading.
- After an internal investigation and based on Johnson’s long disciplinary history, hotel HR (Vanessa Peters) terminated Johnson in 2011.
- Johnson had filed multiple EEOC discrimination complaints (2005, 2007, 2010) and an OSHA complaint in 2010 that resulted in a fine to Interstate; he asserts he was fired in retaliation for those complaints.
- Johnson sued Interstate asserting (1) a retaliation claim under Section 11(c) of the Occupational Safety and Health Act (29 U.S.C. § 660(c)) and (2) statutory retaliation claims under Title VII, the ADA, and the ADEA; the district court dismissed the OSHA claim and granted summary judgment to Interstate on the EEOC/retaliation claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 11(c) of the OSHA creates a private cause of action for employees to sue their employers for retaliation | Johnson: § 11(c) proscribes employer retaliation and Congress in 1970 would have expected a private cause of action even if not explicit | Interstate: § 11(c) provides the enforcement mechanism to the Secretary of Labor only; no private cause of action is implied | No private cause of action under § 11(c); dismissal affirmed |
| Whether Johnson presented sufficient evidence that Interstate’s proffered non‑retaliatory reason (performance/sanitation violations) was pretext for unlawful retaliation under Title VII/ADA/ADEA | Johnson: The infraction reports are inaccurate; timing and other facts raise inference of retaliation for EEOC/OSHA complaints | Interstate: Extensive contemporaneous records documenting at least 13 separate policy violations, culminating in the plastic-in-chicken incident, provide legitimate non‑retaliatory reason | Summary judgment for Interstate affirmed — Johnson failed to show sufficient evidence of pretext |
Key Cases Cited
- Alexander v. Sandoval, 532 U.S. 275 (statutory text controls implied private rights; express enforcement by one actor suggests exclusion of others)
- Cort v. Ash, 422 U.S. 66 (framework on implying private causes of action, historically significant but later limited)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for discrimination/retaliation claims)
- Brady v. Office of Sergeant at Arms, 520 F.3d 490 (D.C. Cir. standard on employer’s honest and reasonable belief and summary judgment in employment cases)