Beck v. Figeac Aero N. Am., Inc.

382 F. Supp. 3d 1170 (2019) United States District Court for the District of Kansas 2019-06-27

civil; Title VII (and Kansas Act) "reverse" national-origin discrimination by an American employee of a French-managed firm: hostile work environment, retaliation, constructive discharge; employer's Rule 12(b)(6) motion denied on all three, granted only on a separate failure-to-conciliate claim (D. Kan.) (result: claimant-won)

Facts

  1. 1 Covered entity: employer, employment agency, or labor organization satisfied pleaded
    Beck worked as a buyer for Figeac from January to April, 2017.
  2. 2 Protected trait: race, color, religion, sex (including pregnancy/abortion), or national origin satisfied pleaded
    Beck never specifies how many of the employees under Benaoum's supervision were American, French, or some other nationality.
  3. 2 Protected trait: race, color, religion, sex (including pregnancy/abortion), or national origin satisfied pleaded
    According to Beck, the HR representative "acknowledged the harassment and the discrimination towards Americans" but told Beck "that's just the way [Benaoum] is."
  4. 2 Protected trait: race, color, religion, sex (including pregnancy/abortion), or national origin satisfied law
    Title VII prohibits discrimination on the basis of a person's national origin, which is where the person was born or where her ancestors came from.
  5. 2 Protected trait: race, color, religion, sex (including pregnancy/abortion), or national origin satisfied law
    Although Title VII's purpose is to erase disadvantage of minorities, so called "reverse discrimination" or discrimination against the majority is also prohibited.
  6. 2 Protected trait: race, color, religion, sex (including pregnancy/abortion), or national origin satisfied law
    Granted, the Court is unaware of any binding authority that has addressed reverse discrimination in the context of national origin discrimination claims; courts have allowed Title VII reverse discrimination claims in other contexts and the Court concludes that the same reasoning applies here.
  7. 2 Protected trait: race, color, religion, sex (including pregnancy/abortion), or national origin satisfied pleaded
    A party claiming reverse discrimination must bring sufficient background evidence to show (1) the employer is abnormal in that it discriminates against the majority or (2) but for the plaintiff's status, the challenged actions would not have occurred.
  8. 2 Protected trait: race, color, religion, sex (including pregnancy/abortion), or national origin satisfied pleaded
    Based on these facts, it is plausible that Figeac is an abnormal employer because it discriminates against the majority.
  9. 4 Adverse employment action affecting compensation, terms, conditions, privileges, or status satisfied pleaded
    In response to being placed on probation, Beck quit her job with Figeac later that day.
  10. 4 Adverse employment action affecting compensation, terms, conditions, privileges, or status satisfied pleaded
    A plaintiff must show that a reasonable person would be compelled to resign due to conditions that were objectively intolerable created by the illegal discriminatory conduct of the employer.
  11. 4 Adverse employment action affecting compensation, terms, conditions, privileges, or status satisfied pleaded
    Beck has stated a plausible claim for constructive discharge.
  12. 4 Adverse employment action affecting compensation, terms, conditions, privileges, or status satisfied pleaded
    Benaoum allegedly displayed physically violent tendencies.
  13. 4 Adverse employment action affecting compensation, terms, conditions, privileges, or status satisfied pleaded
    These facts, assumed as true, might make a reasonable employee feel compelled to resign.
  14. 9 Severe or pervasive hostile or abusive working environment satisfied pleaded
    Beck, who is American, alleges that during that time her manager, Hocine Benaoum, who is French, referred to some employees as "stupid Americans," referred to American employees as "f*cking stupid," and referred to one employee as "nothing but a God D*mned American buyer."
  15. 9 Severe or pervasive hostile or abusive working environment satisfied pleaded
    Beck alleges that Benaoum displayed violent tendencies toward American employees but not French employees, stating that Benaoum would regularly "strike tables, walls, and other things while screaming at American employees."
  16. 9 Severe or pervasive hostile or abusive working environment satisfied pleaded
    The conduct requires more than "run-of-the-mill boorish, juvenile, or annoying behavior"-rather, severe discriminatory conduct must permeate the workplace.
  17. 9 Severe or pervasive hostile or abusive working environment satisfied pleaded
    Beck has brought enough factual allegations to plausibly claim hostile work environment under Title VII.
  18. 9 Severe or pervasive hostile or abusive working environment satisfied pleaded
    This suggests the conduct complained of was ongoing rather than isolated incidences.
  19. 11 Retaliation for protected Title VII activity (42 U.S.C. § 2000e-3(a)) satisfied pleaded
    Beck complained to the company's Human Resources Department ("HR") multiple times about Benaoum's conduct.
  20. 11 Retaliation for protected Title VII activity (42 U.S.C. § 2000e-3(a)) satisfied pleaded
    Subsequently, on April 7, Figeac placed Beck on probation.
  21. 11 Retaliation for protected Title VII activity (42 U.S.C. § 2000e-3(a)) satisfied pleaded
    A reasonable employee will find the action materially adverse when the action might dissuade the reasonable worker from making or supporting a discrimination claim.
  22. 11 Retaliation for protected Title VII activity (42 U.S.C. § 2000e-3(a)) satisfied pleaded
    The Court disagrees because probation is a negative disciplinary action an employer can take to dissuade an employee.