Judge Denies Defendant's Motion for Summary Judgment

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Attorney Guy Loranger represented the plaintiff in Moses v. PNS Stores, Inc. Within 24 hours of receiving the defendant’s motion for summary judgment, Judge Hornby denied it.

Attorney Guy Loranger, of The Law Office of Guy D. Loranger, recently represented a client in a racial discrimination case. In Moses v. PNS Stores, Inc. (No. 2:13-CV-170-DBH in the United States District Court of Maine), United States District Judge Hornby denied the defendant’s motion for summary judgment within one day, finding that there were sufficient issues of material fact to go to a jury on the plaintiff’s claims.

According to the court documents, published in March and found at http://www.med.uscourts.gov/Opinions/Hornby/2014/DBH_03142014_2-13cv170_MOSES_V_PNS_STORES.pdf, Moses alleged that Big Lots, the defendant, discriminated against him on the basis of race in violation of the Main Human Rights Act by refusing to transfer him or even consider him, for the position of sales associate within the Furniture Department in February 2012.

In the present case, Moses claimed that the defendant’s failure to transfer him to the sales position was motivated by racial animus. Big Lots allegedly gave contradictory reasons for not transferring Moses to the sales position, reasons ranging from Moses apparently not showing an interest in the position, to Moses being hired to only work in DTL, to Moses not applying for the position.

According to court documents, Moses also claimed that Big Lots management displayed racial animus to Moses through a co-worker’s underwear display referencing Moses in a racial epithet. In addition, Moses said that local management repeatedly refused to provide him with the cashier training despite repeated directives from corporate to provide the training. The case alleges that Big Lots also did not follow its discrimination policy for investigating complaints of discrimination, and management purportedly issued baseless counselings and the unwarranted annual evaluation to Moses. The court documents state that Human Resources allegedly created false and misleading affidavits for Management to sign and submit to the MHRC.

Judge Hornby rejected the defendant’s assertion that race played no role in the defendant’s decision not to promote the plaintiff and was able to make this decision within 24 hours of receiving the defendant’s motion.

For more information about The Law Office of Guy D. Loranger, visit http://www.lawofficeofguydloranger.com.

About the company:
The Law Office of Guy D. Loranger is a sexual harassment and discrimination law firm located in Old Orchard Beach, Maine. The firm represents victims of all types of discrimination, including discrimination based on sex, race, age and sexual orientation. They will handle a case from the initial complaint with the Maine Human Rights Commission through the civil lawsuit in state or federal court. Contact Guy D. Loranger today to discuss the options for sexual harassment/discrimination cases. For more information, please feel free to visit http://www.lawofficeofguydloranger.com or call 207-937-3257.

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