Susan Abeles v. Metropolitan Washington Airports Auth.
676 F. App'x 170
| 4th Cir. | 2017Background
- Susan Abeles, an Orthodox Jewish MWAA employee since 1987, consistently received accommodations (early Friday leave, kosher food, holiday leave) when she followed MWAA’s formal Absence and Leave Policy.
- For 2013, Abeles marked anticipated religious leave dates on an internal planning calendar but failed to follow the formal leave-request procedure for April 1–2 (the final two days of Passover); she had obtained approval for March 26–27.
- Supervisors O’Hara and Hodge considered Abeles’s April 1–2 absence AWOL because she did not obtain advance approval via the Leave Policy; O’Hara issued a reprimand email and Hodge proposed a five-day suspension (finalized May 3, 2013).
- Abeles later retired and filed an EEOC charge on September 17, 2013; she received a right-to-sue notice on February 7, 2015 and sued MWAA and her supervisors on May 5, 2015 asserting Title VII, § 1983, RFRA, and Virginia Religious Freedom Act claims.
- The district court dismissed the individual supervisors, denied MWAA’s motion to dismiss, then after discovery granted summary judgment for MWAA on all claims; the Fourth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Abeles showed disparate-treatment religious discrimination under Title VII | Abeles: MWAA disciplined her for religious leave (AWOL) and treated her worse than others | MWAA: Discipline was based on failure to follow neutral leave policy and performance/insubordination issues, not religion | Court: No prima facie case — Abeles did not show satisfactory performance or comparators; summary judgment affirmed |
| Whether MWAA failed to reasonably accommodate Abeles’s religious observance | Abeles: Court should have analyzed failure-to-accommodate; her calendar notice should suffice as request | MWAA: Policy requires formal advance request; MWAA routinely granted leave when policy followed | Court: No accommodation claim — Abeles had no conflict with neutral leave procedure and offered no instance where compliant request was denied |
| Whether individual supervisors can be sued in their individual capacities under Title VII | Abeles: supervisors liable | MWAA: Supervisors not individually liable under Title VII | Court: Dismiss supervisors based on Fourth Circuit precedent (no individual liability under Title VII) |
| Whether § 1983 claim was time-barred | Abeles: § 1983 claim should survive | MWAA: Virginia two-year limitations applies; claim accrued May 3, 2013; suit filed May 5, 2015 | Court: § 1983 barred by two-year statute of limitations; claim dismissed |
Key Cases Cited
- White v. BFI Waste Servs., LLC, 375 F.3d 288 (4th Cir. 2004) (standard of review for summary judgment and viewing facts for nonmoving party)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (nonmoving party must show more than a scintilla of evidence to survive summary judgment)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for circumstantial discrimination proof)
- Chalmers v. Tulon Co. of Richmond, 101 F.3d 1012 (4th Cir. 1996) (distinguishing disparate-treatment and failure-to-accommodate theories under Title VII)
- Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977) (reasonable accommodation/undue hardship principles)
- Lissau v. Southern Food Servs., Inc., 159 F.3d 177 (4th Cir. 1998) (supervisors not individually liable under Title VII)
- Coleman v. Maryland Court of Appeals, 626 F.3d 187 (4th Cir. 2010) (elements of prima facie disparate-treatment case)
- Cook v. CSX Transp. Co., 988 F.2d 507 (4th Cir. 1993) (requirement for similarly situated comparators in disparate-treatment claims)