Toma O. Talabi v. United States Postal Service, John E. Potter
Published: Dec. 22, 2007 | Result Date: Sep. 28, 2007 | Filing Date: Jan. 1, 1900 |Case number: 04-CV-02073-AJW Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Ronald P. Ackerman
(Law Offices of Ronald P. Ackerman)
Defendant
Facts
Plaintiff Toma Talabi is a Nigerian-born citizen of the United States. He worked for defendant U.S. Postal Service as a letter carrier for five years. In 1992, he was terminated for alleged "disruptive and threatening behavior toward a co-worker." Plaintiff filed a discrimination claim with the EEOC. The EEOC issued a decision ordering defendant to permit plaintiff to return to his job. According to the findings of the EEOC, plaintiff was subjected to severe harassment and an intentionally demeaning hostile work environment.
The plaintiff eventually returned to his job at a different facility. He claimed that his co-workers there subjected him to racial harassment. Following an investigation, the manager of the facility concluded that the complaints were unfounded.
A verbal altercation later ensued between plaintiff and another employee. Their supervisor found that plaintiff had threatened his co-worker with physical violence. The plaintiff was again terminated for violating the company's zero tolerance of violence policy by threatening a fellow employee. The plaintiff filed a complaint for racial discrimination, and hostile workplace and retaliatory discharge, in violation of Title VII of the Civil Rights Act of 1964. The court granted summary judgment for defendant as to the hostile workplace environment claim.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff alleged he was terminated because of his race, and that he was subjected to retaliation for his prior complaint to the EEOC. In support of his arguments, he contended that defendant had never terminated a letter carrier for conduct similar to that alleged against him. Further, the other employee involved in the altercation was not even suspended.
DEFENDANT'S CONTENTIONS:
The defendant had legitimate, non-discriminatory reasons for terminating plaintiff, and plaintiff could not prove that its reasons were pretextual. The plaintiff's inappropriate workplace conduct led to his termination.
Damages
The plaintiff sought to be reinstated to his job as a letter carrier, in addition to back pay and attorney fees.
Result
The court awarded judgment to defendant. The court found that he was terminated for his conduct and there was no retaliatory discharge.
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