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Nexsen Pruet Worker's Retaliation Case Featured in Media

June 9, 2021

Nexsen Pruet recently represented Fluor Federal Services, LLC in a case highlighted in the Bloomberg Law News article, "Fluor Subsidiary Prevails in Muslim Worker's Retaliation Trial."


An Iraq-born Muslim employee failed to show Fluor Federal Services LLC put her on a performance improvement plan and fired her in retaliation for complaining about national origin and religious discrimination, the District of South Carolina ruled.

The court entered judgment against Inam Naji after granting the Flour Corp. subsidiary’s oral motion for a directed verdict June 4. The ruling came at the conclusion of a three-day trial under Title VII of the 1964 Civil Rights Act.

The U.S. District Court for the District of South Carolina ruled last month that a jury had to decide whether the company’s reasons for placing Naji on a two-month performance improvement plan and later discharging her were a pretext for retaliation

It pointed to the close timing between when Naji says she told a human resources manager she was going to file a discrimination complaint against her supervisor and Fluor Federal’s subsequent adverse employment actions against Naji.

According to Fluor, Naji was put on the PIP based on her pattern of failing to complete her assigned job duties and she was fired based on her failure to meet her weekly goals, work errors, and co- workers needing to complete her work for her.

The disputed timing evidence was “highly relevant” and raised issues for trial on Naji’s retaliation claims, Judge Henry M. Herlong Jr. said, while granting summary judgment for Fluor on her other claims.

But a trial apparently convinced the judge, in granting a directed verdict for the company, that a reasonable jury could only find in favor of Fluor on the retaliation claims too.

Nexsen Pruet LLC represented Fluor.

Read the full article here.

Nexsen Pruet serves clients from nine offices across the Southeast. With more than 200 lawyers and professionals, the firm provides regional, full service capabilities with international strengths.