Cham v. Station Operators, Inc., No. 11-1988 (1st Cir. 2012)Annotate this Case
Cham, a Muslim and a native of The Gambia, immigrated to the U.S. in 2000 and began work in May, 2003, at a gas station/ convenience store. In December, 2004, Cham was injured in a car accident and informed his supervisor that he was taking Family and Medical Leave Act, 29 U.S.C. 2601, leave on his doctor's recommendation. When Cham returned to work, he was consistently scheduled to work only 32 hours per week, although his actual work hours fluctuated. Cham claimed this was retaliation for taking FMLA leave and in violation of Title VII. Cham quit in May 2005, days after suffering a panic attack at work that sent him to an emergency room. The district court granted defendant judgment as a matter of law on the Title VII, 42 U.S.C. 2000e, disparate treatment claim. A jury awarded $20,000 on the FMLA retaliation claim. The court granted a new trial, stating that prejudicial evidence had been introduced, relevant to the hostile work environment claim, which had been voluntarily dismissed, that was irrelevant to the FMLA retaliation claim. After a second trial, the court entered judgment for defendants. The First Circuit affirmed.
The court issued a subsequent related opinion or order on August 6, 2012.