Bachelder v. MJJM Enters., Inc.

MICHAEL BACHELDER, Plaintiff, v. MJJM ENTERPRISES, INC., Defendant.

2:17-cv-00454-JAW

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

February 25, 2019

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Plaintiff alleges a defendant engaged in employment discrimination when it refused to hire to him as a hairstylist due to his epilepsy, a per se medical disability under the Maine Human Rights Act (MHRA). Because the plaintiff produced sufficient evidence to create a genuine issue of material fact as to whether the defendant engaged in disability discrimination, the Court denies the defendant's motion for summary judgment.

I. PROCEDURAL HISTORY

On October 24, 2017, Michael Bachelder filed a complaint in Androscoggin County Superior Court against "SuperCuts, Inc.," asserting that it violated the MHRA when it refused to hire him allegedly due to his asserted medical disability. Notice of Removal, Attach. 1 Compl. (ECF No. 1) (Compl.). On November 17, 2017, MjjM Enterprises, d/b/a Supercuts, filed a notice of removal from Androscoggin County Superior Court to this Court. Notice of Removal.¹,²

On August 3, 2018, MjjM Enterprises filed a motion for summary judgment along with a statement of material facts. Def.'s Mot. for Summ. J. (ECF No. 28) (Def.'s Mot.); Def.'s Statement of Uncontested Material Facts in Support of its Mot. for Partial Summ. J. (ECF No. 29) (DSMF). On September 7, 2018, Mr. Bachelder filed his response to MjjM Enterprises' motion for summary judgment and statement of material facts, the latter of which contained his statement of additional material facts. Pl.'s Mem. of Law in Opp'n to Def.'s Mot. for Summ. J. (ECF No. 34) (Pl.'s Opp'n); Pl.'s Resp. to Def.'s Statement of Material Facts and Pl.'s Additional Statement of Material Facts (ECF No. 33) (PRDSMF) (PASMF). MjjM Enterprises filed its reply on September 21, 2018, and its reply to Mr. Bachelder's statement of additional facts on September 25, 2018. Def.'s Reply to Pl.'s Opp'n to Def's Mot. for Summ. J. (ECF No. 37) (Def.'s Reply); Def.'s Resp. to Pl.'s Additional Statement of Material Facts (ECF No. 39) (DRPASMF). On February 8, 2019, the Court held oral argument seeking to clarify the pending motion for summary judgment. Min. Entry (ECF No. 43). During oral argument, the Court invited counsel to file supplemental memoranda on two issues: (1) whether the temporal link between protected activity and adverse employment action is evidence of discriminatory motive in the employment application context, and (2) whether the Court may consider pretext in evaluatingwhether the employee sustained a prima facie burden. Mr. Bachelder filed a supplemental memorandum of law on February 12, 2019, Pl.'s Suppl. Mem. of Law in Opp'n to Def.'s Mot. for Summ. J. (ECF No. 46) (Pl.'s Suppl. Mem.), and MjjM Enterprises filed a responsive memorandum on February 14, 2019, addressing only the first issue. Def.'s Resp. to Pl.'s Suppl. Mem. of Law in Opp'n to Def.'s Mot. for Summ. J. (ECF No. 48) (Def.'s Suppl. Opp'n).

II. STATEMENT OF FACTS³

A. Mr. Bachelder's Background

Mr. Bachelder is forty-seven years old, married, and has a GED high school diploma. PASMF ¶ 1; DRPASMF ¶ 1. Mr. Bachelder has epilepsy which has caused him to experience seizures for which he has been on medication for the past twenty years. PASMF ¶ 2; DRPASMF ¶ 2.⁴ Mr. Bachelder was told by a neurologist that years of taking the seizure medication could damage his teeth. PASMF ¶ 3; DRPASMF ¶ 3; DSMF ¶ 15; PRDSMF ¶ 15.⁵ Mr. Bachelder did not address with hisdentist or subsequent doctors whether the damage to his teeth was actually caused by his seizure medication. DSMF ¶ 15; PRDSMF ¶ 15.⁶ Previously, in January of 2008, Mr. Bachelder was approved for social security disability benefits. PASMF ¶ 4; DRPASMF ¶ 4.

B. Empire Beauty School

In 2014, Mr. Bachelder decided to attend Empire Beauty School to become ahair stylist; he began its program in the end of January 2015. PASMF ¶ 5; DRPASMF ¶ 5; DSMF ¶ 1; PRDSMF ¶ 1. Empire Beauty School is an eleven-month course, which requires 1,500 hours of hairstyling. PASMF ¶ 6; DRPASMF ¶ 6. Empire Beauty School's tuition is between $20,000 and $21,000. PASMF ¶ 7; DRPASMF ¶ 7.⁷ Empire Beauty School has a dress code requiring students dress professionally, so Mr. Bachelder wore dress pants, a collared shirt, and Oxford shoes while at Empire Beauty School. PASMF ¶¶ 8-9; DRPASMF ¶¶ 8-9. Mr. Bachelder graduated from Empire Beauty School in March 2016. PASMF ¶ 10; DRPASMF ¶ 10; DSMF ¶ 1; PRDSMF ¶ 1.

In April 2016, Mr. Bachelder took his State Boards which consisted of doing a haircut, hair color, chemical straightening and general cosmetology information, which he passed, and he received his barbering and cosmetology license. PASMF ¶¶ 11-12; DRPASMF ¶¶ 11-12; DSMF ¶ 2; PRDSMF ¶ 2. An instructor at Empire Beauty School recommended that Mr. Bachelder contact Tracy Johansen at Supercuts for potential employment. PASMF ¶ 13; DRPASMF ¶ 13.

C. First Supercuts Interview

In July of 2016, Mr. Bachelder contacted the Lewiston Supercuts and spoke to Ms. Johansen, the manager of that location, about an interview for a stylist position. PASMF ¶ 14; DRPASMF ¶ 14; DSMF ¶ 3; PRDSMF ¶ 3. The day before Mr.Bachelder was supposed to interview with Ms. Johansen, he suffered a seizure. DSMF ¶ 4; PRDSMF ¶ 4; PASMF ¶ 15; DRPASMF ¶ 15. Mr. Bachelder's wife called and informed Supercuts that Mr. Bachelder had a medical issue and that he would have to reschedule the interview. DSMF ¶ 5; PRDSMF ¶ 5. Mr. Bachelder also later contacted Ms. Johansen and explained that he had suffered a seizure. DSMF ¶ 6; PRDSMF ¶ 6. Over the next three weeks, Mr. Bachelder kept in contact with Ms. Johansen as he began to feel better. PASMF ¶ 16; DRPASMF ¶ 16. Ms. Johansen agreed to reschedule Mr. Bachelder's interview. DSMF ¶ 7; PRDSMF ¶ 7.

On August 18, 2016, Mr. Bachelder filled out an employment application at Supercuts, and Ms. Johansen interviewed him that same day in her office at the Lewiston Supercuts location. DSMF ¶ 8; PRDSMF ¶ 8; PASMF ¶¶ 17, 20-21; DRPASMF ¶¶ 17, 20-21. Mr. Bachelder wore Oxford dress shoes, dress pants, and a dress shirt, as he had done at Empire Beauty School. PASMF ¶ 18; DRPASMF ¶ 18.⁸ At this interview, Ms. Johansen discussed the general requirements of the stylist position and the general appearance MjjM Enterprises expected of its stylists. DSMF ¶ 17; PRDSMF ¶ 17. MjjM Enterprises has personal appearance guidelines for its employees. Id. During the interview, Ms. Johansen expressed concern about the appearance of the Mr. Bachelder's bottom teeth. DSMF ¶ 16; PRDSMF ¶ 16. At that time, Mr. Bachelder's bottom teeth were not in good condition in that they werediscolored, rotten, and the enamel was breaking down. DSMF ¶ 13; PRDSMF ¶ 13; PASMF ¶ 19; DRPASMF ¶ 19.⁹

Mr. Bachelder planned to have his bottom teeth removed. DSMF ¶ 14; PRDSMF ¶ 14. Mr. Bachelder also did not have any upper teeth; they had been removed due to damage he suffered from a 1994 motor vehicle accident. DSMF ¶ 11, PRDSMF ¶ 11. Mr. Bachelder has dentures but did not wear them to the interview; he generally does not wear them as they are ill-fitting, and he suffers from a gag reflex. DSMF ¶ 12, PRDSMF ¶ 12.

Mr. Bachelder told Ms. Johansen of his history of his seizures and that he suffered from epilepsy. PASMF ¶¶ 22-24; DRPASMF ¶¶ 22-24; DSMF ¶ 9; PRDSMF ¶ 9. Ms. Johansen stated she has the same condition as Mr. Bachelder and she suffers from seizures. DSMF ¶ 9; PRDSMF ¶ 9. Ms. Johansen told Mr. Bachelder of the need to work at different stores. PASMF ¶ 25; DRPASMF ¶ 25. Mr. Bachelder told Ms. Johansen he was not able to drive because of his seizures. PASMF ¶ 26; DRPASMF ¶ 26.

Mr. Bachelder and Ms. Johansen also discussed the poor condition of Mr. Bachelder's teeth. PASMF ¶ 27; DRPASMF ¶ 27. A couple days after the interview, Ms. Johansen called Mr. Bachelder back to set up a second interview during which he would do a haircut. DSMF ¶ 18; PRDSMF ¶ 18; PASMF ¶ 28; DRPASMF ¶ 28.¹⁰

D. Second Supercuts Interview

The second interview took place on or about August 24, 2016. DSMF ¶ 19; PRDSMF ¶ 19. Mr. Bachelder wore his Oxford shoes, dress pants and a dress shirt. PASMF ¶¶ 29-30; DRPASMF ¶¶ 29-30.¹¹ As with his first interview, Mr. Bachelder understood the need to dress professionally and did so. PASMF ¶ 31; DRPASMF ¶ 31. Mr. Bachelder performed the haircut demonstration on his stepson, Vincent Self. DSMF ¶ 19; PRDSMF ¶ 19; Index for Pl.'s Suppl. R. in Supp. of Pl.'s Resp. to Def.'s Mots. for Summ. J., Attach. 1 (ECF No. 32-1) (Self Dep.).¹² Ms. Johansen was impressed with the haircut Mr. Bachelder performed. PASMF ¶ 32; DRPASMF ¶ 32. After Mr. Bachelder completed the haircut, Ms. Johansen came over and told him that she was impressed with his skills, that she was happy with the haircut, and considering Mr. Bachelder did the hard part on his stepson, that she was impressed with how it came out. PASMF ¶ 33; DRPASMF ¶ 33. She made the same comments to Mr. Bachelder's stepson. PASMF ¶ 33; DRPASMF ¶ 33. Mr. Bachelder thought everything was good at that point. PASMF ¶ 33; DRPASMF ¶ 33.

Mr. Self testified that Mr. Bachelder wore dress pants and a nice dress shirt tothe interview, that his hair was nice, and that he wore the shoes he had worn to his deposition. PASMF ¶ 34; DRPASMF ¶ 34. Mr. Bachelder and Ms. Johansen went to her office where they discussed Mr. Bachelder's seizures, tattoos, and body piercing just to make sure it was not going to be a problem. PASMF ¶ 35; DRPASMF ¶ 35; DSMF ¶ 20; PRDSMF ¶ 20. Ms. Johansen told Mr. Bachelder that it would not be a problem. PASMF ¶ 36; DRPASMF ¶ 36; DSMF ¶ 20; PRDSMF ¶ 20.¹³ They also discussed the appearance of Mr. Bachelder's teeth, and Mr. Bachelder stated that he was looking into having his bottom teeth removed. DSMF ¶ 21; PRDSMF ¶ 22.

Ms. Johansen told Mr. Bachelder that she would speak to her supervisor and contact him. PASMF ¶ 37; DRPASMF ¶ 37; DSMF ¶ 22; PRDSMF ¶ 22. A couple of...