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Rich v. Arizona Regional Multiple Listing Service, Inc.

United States District Court, D. Arizona

September 29, 2014

Marcy Rich, Plaintiff,
v.
Arizona Regional Multiple Listing Service, Inc., Defendant.

ORDER AND OPINION [Re: Motion at Docket 6]

JOHN W. SEDWICK, Senior District Judge.

I. MOTION PRESENTED

At docket 6, defendant Arizona Regional Multiple Listing Service, Inc. ("ARMLS") moves pursuant to Federal Rule of Civil Procedure 12(b)(6) for an order dismissing plaintiff Marcy Rich's complaint. Rich responds at docket 10. ARMLS filed a reply at docket 11. Oral argument was not requested and would not assist the court.

II. BACKGROUND

Rich has worked for ARMLS as a Training and Support Specialist since 2002. She filed this action in February 2014 alleging two causes of action against ARMLS pursuant to Title VII of the Civil Rights Act of 1964. Claim one alleges religious discrimination through disparate treatment and a hostile work environment. Claim two alleges retaliation through disparate treatment.

A. Rich's disparate treatment allegations

• In early 2008 Rich applied for a promotion to Director of Support Services. ARMLS denied her this promotion and instead gave the position to Barbara Hoffman, a lesser-qualified Christian individual.
• In late 2008 Rich asked for a promotion to manage the training department. ARMLS declined and gave the position to Hoffman instead.
• In November 2012 Rich asked to be considered for a different position if the company grew. She was told no.
• Between January 2012 and February 2013 Rich met six times with ARMLS's CEO Matthew Consalvo to ask for a promotion, among other things. Consalvo told Rich there were no vacancies, yet ARMLS created new positions that it filled with non-Jewish candidates.
• On or around November 2012 and February 2013, Rich asked for a new supervisor because her supervisor, Hoffman, exhibited religious hostility toward her. This request was denied, although ARMLS had previously allowed non-Jewish employees to change supervisors.
• In February 2013 Rich asked for a change in her job position. ARMLS told her that there were no vacancies, yet it created a new position and filled it with a non-Jewish candidate.
• In February 2013 Consalvo told Rich that she was not allowed to talk about her problems with Hoffman, including the problem of Hoffman's religious hostility, even though he allowed non-Jewish ...

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