El-Hakem

El-Hakem v. Bjy Inc.

Good Law
415 F.3d 1068·2005 WL 1692470
United States Court of Appeals for the Ninth CircuitJuly 20, 200503-35514, 03-35544, 04-35063California3,521 words

Opinion

Opinion

Rawlinson, J.

This case presents challenges to the district court’s post-verdict rulings following a jury trial. Because the district court properly resolved the parties’ respective motions, we affirm.

J. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Mamdouh El-Hakem, who is of Arabic heritage, brought this action against his former employer BJY, Inc., and Gregg Young, BJY’s Chief Executive Officer, for employment discrimination, wrongful termination, and failure to pay wages. Claims were made under 42 U.S.C. § 1981 ; Title VII of the CM Rights Act of 1964 (42 U.S.C. § 2000e, as amended); the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.); Oregon Revised Statutes § 652.140 et seq.; and related state statutes.

El-Hakem’s racial discrimination claims stemmed from Young’s repeated references to El-Hakem as “Manny.” Despite El-Hakem’s strenuous objections, Young insisted on using the non-Arabic name rather than “Mamdouh,” El-Hakem’s given name. In Young’s expressed view, a ‘Western” name would increase El-Hak-em’s chances for success and would be more acceptable to BJY’s clientele.

El-Hakem’s wage claims were predicated upon assertions that BJY failed to pay El-Hakem regular and overtime…

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