This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wrongful Termination
Religion Discrimination

Fathy Abdelrahim v. Guardsmark, LLC, Scott Carpenter, Marriott International, William Worcester

Published: Apr. 26, 2008 | Result Date: Feb. 15, 2008 | Filing Date: Jan. 1, 1900 |

Case number: BC359607 Verdict –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Gary Durand

Suzanne E. Rand-Lewis
(Gary Rand & Suzanne E. Rand-Lewis PLC)


Defendant

Laura S. Flynn
(Freeman, Mathis & Gary LLP)


Experts

Plaintiff

Sookyung Chang
(medical)

Defendant

Mark A. Cohen
(technical)

Lester M. Zackler M.D.
(medical)

Facts

In October 2005, plaintiff Fathy Abdelrahim, a 46-year-old security industry worker, was removed from his position as director of security at the Marriott Hotel in downtown Los Angeles. He sued defendants Guardsmark LLC, his employer; Marriott International, Guardsmark's client; Guardsmark branch manager Scott Carpenter; and Marriott general manager William Worcester, alleging they discriminated against him based on his Egyptian race and Muslim religion. Marriott and Worcester settled before trial.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendants fired him due to discrimination based on his national origin and religion. Plaintiff was on vacation observing Ramadan when he was removed from the position. The defendants also removed plaintiff in retaliation for complaining about a derogatory remark made by his Marriott supervisor. The supervisor asked plaintiff if he knew what his friends had done in London after the July 2006 terrorist bombings.

DEFENDANTS' CONTENTIONS:
The defendants contended the termination was neither discriminatory nor retaliatory. Instead, plaintiff had been removed after continuous complaints from Guardsmark's client, Marriott. The plaintiff was offered other positions he refused to accept.

Damages

The plaintiff sought damages for past and future wage loss, attorney fees, and punitive damages. He was not allowed to introduce future wage loss evidence because no economist could testify as to present cash value.

Injuries

The plaintiff suffered emotional distress, requiring treatment by a psychologist.

Result

The jury returned a defense verdict.

Deliberation

four hours

Poll

12-0 (on six counts); 11-1 (on intentional infliction of emotional distress)

Length

nine days


#120488

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390