Citations
- 60 F. Supp. 3d 566
Full opinion text
MEMORANDUM
DuBOIS, District Judge.
I. INTRODUCTION
Plaintiff Paul Mathis brings this action against his former employer, Christian Heating and Air Conditioning. Mathis alleges violations of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e et seq., and the Pennsylvania Human Relations Act (PHRA), 43 Pa. Stat. §§ 951 et seq. Presently before the Court is defendant’s Motion to Dismiss Pursuant to Rule 12(b)(6). For the reasons that follow, the Court grants that part of defendant’s Motion that seeks dismissal of plaintiffs failure to accommodate claim under Title VII and denies the Motion with respect to plaintiffs claim of unlawful retaliation under Title VII.
II. BACKGROUND
Plaintiff was employed from April 26, 2010 until January 24, 2012 as a full-time sheet metal installer for defendant, Christian Heating and Air Conditioning. The company is owned by David Peppelman, who also served as plaintiffs supervisor. Plaintiff claims that during his employment he was repeatedly subjected to comments from Mr. Peppel man about his religious beliefs and that Mr. Peppel man continuously insisted that plaintiff attend church. (Compl. ¶ 15.) Plaintiff alleges that Mr. Peppel man continued making such comments throughout his employment notwithstanding numerous requests to stop. (Compl. ¶ 17.) Plaintiff was also required to wear an identification badge with defendant’s mission statement printed on the back, which read in part: “This company is not only a business, it is a ministry. It is set on standards that are higher than man’s own. Our goal is to run this company in a way most pleasing to the lord [sic].... ” (Compl. ¶ 18.) Plaintiff wore the badge during work hours but covered the mission statement with a piece of tape. Plaintiff claims that the mission statement on the badge was an attempt by defendant to “enforce certain religious ideologies on its employees (including him),” (Compl. ¶ 20), and that wearing the badge conflicted with his own beliefs as an atheist. (Compl. ¶ 10.)
On January 23, 2012, plaintiff claims that Mr. Peppel man approached him and told him that he could not continue to work unless he removed the tape from the back of his identification badge. (Compl. ¶ 21.) Plaintiff states that he informed Mr. Pep-pel man that he wanted to continue to conceal the mission statement because it conflicted with his religious beliefs and he felt that the badge was an attempt by defendant to force its own religious beliefs on him. (Compl. ¶ 21.) Defendant declined to allow plaintiff to conceal the mission statement. (Compl. ¶ 22); (Def.’s Answer with Affirmative Defenses, ¶ 22 (“... Plaintiff was advised that he would not be permitted to conceal the reverse side of the employee ID badge if he wished to continue employment. Plaintiff refused the directive and voluntarily resigned .... ”).) Plaintiff was terminated from employment on January 23, 2012. (Def.’s Mem. Supp. Mot. Dismiss 3.)
Plaintiff subsequently applied for unemployment compensation benefits to the Pennsylvania Unemployment Compensation Service Center but received a Notice of Determination denying benefits dated February 8, 2012. (Def.’s Mot. Dismiss, Ex. I at 3A, 29A.) Plaintiff filed an appeal of the denial of benefits and a hearing was held before a referee on March 21, 2012.(7