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Court clarifies fourth prong of prima facie case in disparate treatment actions.

Kosereis v. Rhode Island, 331 F.3d 207 (1st Cir. June 12, 2003) - This is a Title VII action alleging discrimination based on religion and national origin, harassment, and retaliation. Ugurhan Akturk Kosereis is a Turkish-born Muslim who works at the Training School, which is a juvenile correction facility. As an initial matter, the district court held that Kosereis could not rely on his 1995 lay-off (for which he was eventually reinstated) as evidence of disparate treatment because a state administrative agency had ruled that he was laid off for "good and just cause" -- and that ruling is a judgment on the merits for purposes of res judicata. The First Circuit disagrees. A state administrative decision that is not reviewed by a court does not amount to a final judgment for purposes of res judicata. As for his disparate treatment claim, the Court first clarifies that the fourth prong of the prima facie case does NOT require a showing that other similarly situated employees who were not members of the protected class were treated more favorably. Rather, the fourth prong only requires a showing that the position remained open or was filled by a person with similar qualifications. However, the Court affirms the district court's grant of summary judgment because Kosereis failed to establish pretext. His hostile work environment claim is based upon the fact that students called him "turkey," fellow teachers teased him about his Turkish food, and he was issued repeated reprimands for absenteeism. But, the name calling and the teasing were not severe or pervasive; and the reprimands would have stopped if Kosereis improved his attendance. Therefore, this claim fails. Finally, Kosereis claims he was retaliated against by the repeated reprimands and by a denial of his request for a sabbatical to Turkey to study its juvenile justice system. But the Court finds insufficient evidence of a causal link. Therefore, the Court affirms the grant of summary judgment as to all claims. Click here to see actual case.