United States District Court, D. Arizona
ORDER
DOUGLAS L. RAYES UNITED STATES DISTRICT JUDGE
Before
the Court are the parties' cross-motions for summary
judgment (Docs. 45, 53), which are fully
briefed.[1] For the following reasons, Plaintiff Amber
House's motion is denied, and Defendants Defendant Desert
Massage Companies, Inc. (“DMC”) and The Brovitz
Group's (“Brovitz”) motion is granted.
BACKGROUND
DMC
operates 13 Massage Envy Spa Clinics across Arizona,
including a clinic in Ahwatukee. Brovitz is a shareholder of
DMC. House, a black woman, was employed at DMC's
Ahwatukee Massage Envy Clinic (“Clinic”) as an
esthetician.
On
September 6, 2016, House raised concerns with Sasha Alba, the
Clinic's General Manager, about Cynthia Larson, another
Clinic employee. Specifically, House alleged that Larson, in
an effort to sabotage House, engaged in inappropriate gossip
and spread unfounded and slanderous accusations. House's
concerns, which were memorialized in an email she sent to
Alba, did not include allegations that Larson's behavior
was motivated by racial animus.
On
September 9, 2016, Alba organized a meeting between Larson
and House. Also present at the meeting was Ashley Mosono,
Director of Operations and Alba's direct supervisor.
During this group meeting House did not raise concerns about
racial discrimination or the existence of racial animus in
the workplace.
On
October 19, 2016, House emailed Alba with concerns over her
work schedule. According to House, after the September 9
meeting her regular customers were being diverted to other
Clinic estheticians and her Saturday shifts were reduced.
House also questioned whether these changes were retaliation
for her September 6 email. Alba responded, assuring House
that these incidents were unrelated to the September 6
complaint, clarifying that her reduction in Saturday shifts
was a mistake that would be promptly remedied, and requesting
further information concerning diverted clients in order for
Alba to properly investigate the matter. Despite Alba's
assurances to the contrary, House sent a second email to Alba
on October 19, in which she stated that she suspected both
incidents were “racially motivated, ” but that
she did not “know for a fact.”
On
October 25, 2016, Alba met with House and Shawn Adams, a
human resources staff member. During the meeting Houses
stated that she did not think Alba was retaliating against
her. Nor did House identify any DMC employee she believed was
retaliating against her.
Several
months later, on April 6, 2017, House submitted an EEOC
intake questionnaire, alleging claims against Brovitz. House
then filed an EEOC charge for discrimination against the
company, alleging racial discrimination and retaliation. On
May 11, 2017, House filed suit in this matter.
On
August 19, 2017, House allegedly injured her hand using a
steamer while performing a facial at work. House reported her
injury to the Lead Sales Associate, but returned to work and
did not seek any medical treatment for her alleged injury.
On
August 20, 2017, Monica McNatt, Assistant General Manager of
the Clinic, moved House's handbag in order to access
employee mailboxes. According to McNatt, later that day House
informed her that she had a loaded gun in her purse and that
McNatt should be careful moving her stuff. McNatt reported
this conversation to Alba.
On
August 23, 2017, Alba discussed McNatt's report with
House. House denied saying that she had a gun in her purse,
but admitted that she sometimes carries a gun in her purse,
she has a concealed carry license, and she intended to start
bringing a gun to work. House also alleged that other
employees were bringing concealed weapons to work, but
refused to divulge the identity of such employees. Alba
instructed House that DMC prohibits firearms on Clinic
premises, and notified her that bringing a firearm to work
would be cause for termination.
Upon
learning that other Clinic employees were allegedly bringing
concealed weapons to work, Alba and Tiffany Harris, DMC's
Chief Operating Officer, initiated an investigation and
interviewed all Clinic employees. On August 26, 2017, as part
of the investigation, Alba and Harris interviewed House.
According to Alba, House changed her story during the
interview, denying that she even owned a gun. On August 29,
2017, DMC terminated House, citing safety concerns,
House's inconsistent statements regarding the August 23
incident, and her refusal to aid in the investigation by
identifying other employees bringing concealed weapons to
work.
On
September 25, 2017, House filed her amended complaint,
alleging that Defendants: (i) violated of Title VII of the
Civil Rights Act of 1964 by discriminating against her on
account of race; (ii) violated Title VII by retaliating
against her for engaging in protected activity; (iii)
violated 42 U.S.C. § 1981 by engaging in racial
discrimination in enforcing her employment contract; (iv)
violated the Lilly Ledbetter Fair Pay Act of 2009
(“FPA”) by paying House less than co-workers of a
different race; (v) violated the American's with
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