Free Proposed Findings of Fact - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

MARY CSANYI,

) Case No.: CV-03-1987-PHX-JAT ) Plaintiff, ) ) FINDINGS OF FACT AND vs. ) CONCLUSIONS OF LAW ) ) REGIS CORPORATION; SUPER CUTS, ) ) Defemdants. ) (Assigned to Hon. James A. Teilborg) ) ______________________________________ ) The Court pursuant to Rule 52 of the Federal Rules of Civil Procedure hereby

makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. 2. 3. Plaintiff is Hispanic and was born in Bolivia. Plaintiff speaks with an accent. Plaintiff began working for SuperCuts as a hairstylist on or about February 12, 1999. 4. Plaintiff originally worked at the SuperCuts store located in Scottsdale on Indian Bend Road. 5. Plaintiff was the only Hispanic employed at the Indian Bend location on August 7, 2003. 6. On or about August 7, 2003, Plaintiff was involuntarily transferred to a SuperCuts store located in Phoenix on Bell Road. 7. Plaintiff was 50 years old at the time she was transferred to the store on Bell
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Road, and the oldest employee at the Indian Bend location. 8. Maudie Kappel was the Area Supervisor for SuperCuts stores in the northwest Phoenix, Arizona metropolitan area on August 7, 2003, and had been since February 16, 2003. The Indian Bend location came under Maudie Kappel's supervision in April 2003. Prior to April 2003, Ms. Kappel had never met and had not heard about Plaintiff. 9. Maudie Kappel was the person who made the decision to transfer and informed Plaintiff that she was being transferred to the Bell Road location. 10. From approximately May 2003 to June 30, 2003, Jessica Nyman ("Nyman") was Plaintiff's immediate supervisor at the Indian Bend location. 11. Within approximately two months after becoming Store Manager of the Indian Bend Store, Nyman requested and was granted a transfer to another store. 12. On July 1, 2003, Cara Smith ("Smith") became the store manager for the Indian Bend location. 13. 14. 15. 16. This was Smith's first store manager assignment. Smith was 22 years old at the time. Smith had not worked with Plaintiff in any capacity prior to July 1, 2003. At the time of Plaintiff's transfer, Smith was Plaintiff's immediate supervisor at the Indian Bend location. 17. Two days before Csanyi's transfer, Smith told Kappel that she wanted to step down as manager of the Indian Bend Store and move to a different store. 18. On or about August 7, 2003, Ms. Kappel granted Smith's request and Smith then worked in different stores assisting as an extra hair stylist until she was transferred on a regular basis to Store #9591 on or about September 1, 2003.
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19. 20.

Cara Smith was never placed back in a managerial position with Supercuts. Nina Barayeva worked with Plaintiff from October 30, 2002, until August 7, 2003.

21.

At the time of Plaintiff's transfer, Plaintiff was a Shift Leader at the Indian Bend location, and had keys to the store.

22. 23.

At the time of her transfer, the Bell Road location had ten stylists. At the time of her transfer, Plaintiff was one of four stylists at the Indian Bend location.

24. 25.

At the time of her transfer, SuperCuts was paying Plaintiff $8.60 per hour. Plaintiff's hourly rate remained at $8.60 after her transfer to the Bell Road location.

26.

Upon her transfer to the Bell Road location, Michelle Ortega became Plaintiff's immediate supervisor.

27. 28. 29.

Plaintiff received awards in 2003 for productivity and sales. The Bell Road location is 26 miles from the Indian Bend location. On September 25, 2003, Plaintiff applied for and was granted FMLA leave, retroactive to September 18, 2003, which initially was to continue until October 18, 2003. Plaintiff's FMLA leave was subsequently extended until November 3, 2003.

30.

Plaintiff was still on approved FMLA leave when her health insurance benefits terminated.

31.

While on FMLA leave, Plaintiff was under the care of a psychiatrist, Dr. Lawrence Martin.

32.

On October 21, 2003, Dr. Martin recommended that Plaintiff's commute be 12 miles or less round trip.

33.

On or about October 5, 2003, Plaintiff mailed a check to SuperCuts in the amount of $186.00 to cover her portion of her health insurance premium for the month of October, while she was on FMLA leave.

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34.

Defendant never refunded Plaintiff the $186.00 she paid for her October health insurance premium.

35.

On October 31, 2003, Melissa Kell mailed Plaintiff a letter advising her that SuperCuts had received her written request to return to the location on Indian Bend.

36.

The October 31, 2003, letter to Plaintiff from Melissa Kell denied Plaintiff's transfer request for the reason that there were no open positions at the Indian Bend location at that time.

37.

The October 31, 2003, letter to Plaintiff from Melissa Kell stated that Plaintiff was welcome to return to her last position at the Bell Road location.

38.

At the time Plaintiff's employment with Defendant ended, she had three weeks of unused vacation time.

39. 40. 41. 42.

Defendants never paid Plaintiff for her unused vacation time. Plaintiff was under the care of a psychiatrist until February, 2004. Plaintiff went to work for Fantastic Sam's in February 2004. Plaintiff did not make any negative comments about those of Russian descent.

43. 44.

Defendants' fabricated the reason for Plaintiff's transfer. Griffin & Associates mailed a letter to Plaintiff on August 27, 2004, giving her a deadline of August 27, 2004, to review and sign her deposition transcript.

45.

The postmark on the envelope from Griffin & Associates is August 30, 2004.

46. 47.

Plaintiff suffered actual and compensatory damages. Plaintiff is entitled to $______________ for lost wages, tips, health insurance, and vacation.

48.

Plaintiff is entitled to liquidated damages under Title VII of the Civil Rights
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Act of 1964 in the amount of $______________. 49. Plaintiff is entitled to an additional award of $_______________ for liquidated damages under the Family Medical Leave Act. 50. 51. 52. Plaintiff is entitled to $______________ for emotional distress. Plaintiff is entitled to punitive damages in the amount of $_____________. Plaintiff is entitled to attorney's fees in the amount of $_____________. CONCLUSIONS OF LAW 1. Plaintiff is a member of a protected class, prior to her job transfer was performing her job in a satisfactory manner, was subjected to an adverse employment action, and was treated less favorably than similarly situated individuals outside of the protected class. 2. Plaintiff was transferred to the Bell Road store because of the complaints against her by Cara Smith, which were motivated in part by the fact that Cara Smith did not like working with old people, did not like working with Plaintiff because of her accent, and/or the result of prior harassment complaint in 2002 involving Michelle Ortega, in violation of 42 U.S.C. § 2000(e), and/or 29 U.S.C. § 621(a)(1). 3. Defendants retaliated against her for filing a discrimination and harassment complaint against another employee in October of 2002, which claim was not processed by Defendant, by transferring her to another store managed by Michelle Ortega. 4. Defendants' proffered reasons for Plaintiff's transfer are pretextual, and the reason(s) for Plaintiff's transfer is/are discrminatory. 5. Defendant discriminated against Plaintiff on the basis of age in violation of 29 U.S.C. § 621(a)(1). 6. Defendant discriminated against Plaintiff on the basis of her national origin in violation of 42 U.S.C. § 2000(e). 7. Defendant discriminated against Plaintiff on the basis of her race in
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violation of 42 U.S.C. § 2000(e). 8. 9. Defendant retaliated against Plaintiff in violation of 42 U.S.C. § 2000(e). Defendant cancelled Plaintiff's medical insurance while she was on FMLA in violation of the Family Medical Leave Act. 10. Plaintiff is not precluded from litigating her claims for retaliation and race discrimination because she failed to exhaust her administrative remedies because Defendants did not raise failure to exhaust administrative remedies in its Answer, and thereby Defendants waive the defense of failure to exhaust administrative remedies. 11. Plaintiff's transfer does constitute an adverse employment action, prohibited by Title VII. 12. Defendants' fabrication of the reason for Plaintiff's transfer, constitutes malice or reckless indifference to Plaintiff's federal protected rights, therefore supporting an award of punitive damages.

DATE: ____________________________

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