Judge Sends Muslim's Bias Suit Against PNC Bank to Trial

Editorial Note: The following news reports are summaries from original sources. They may also include corrections of Arabic names and political terminology. Comments are in parentheses.

Federal judge says 'more likely than not' that PNC/National City bank discriminated against Arab-American Muslim employee

CAIR, CLEVELAND, OHIO, 4/19/2010 --

The Ohio chapter of the Council on American-Islamic Relations (CAIR-Ohio) today said a federal judge rejected PNC (previously National City) bank's effort to throw out a workplace discrimination lawsuit the Muslim civil rights group and co-counsel filed on behalf of an Arab-American Muslim employee. (Rami Awad v. National City, et al, Case No. 1:09-cv-261).

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The plaintiff, Rami Awad, was a teller and consumer banker allegedly fired for speaking out about overt anti-Arab and anti-Muslim discrimination he endured at four PNC branches in Northeast Ohio and Pennsylvania.

Despite PNC's efforts to have the lawsuit dismissed, U.S. District Judge James S. Gwin of the Northern District of Ohio found it "more likely than not" that PNC's firing of Awad was retaliatory.

The case will now proceed to trial on April 26 on claims for retaliatory discharge and hostile work environment.

In his opinion, Judge Gwin wrote: "The Court finds that Awad has presented sufficient evidence of 'pervasive' discriminatory conduct at National City that 'a reasonable person would find hostile or abusive.'"

The judge noted that "Awad's co-workers repeatedly made discriminatory or offensive comments about his being Palestinian or Arabic throughout his tenure at National City. This behavior was not limited to a single employee, or even a single branch. Rather, at each of the four branches that Awad worked during his three and one-half years of employment at National City, one or more of his co-workers exhibited discriminatory, intolerant, or offensive behavior toward Awad based upon his being Arabic, Palestinian, and/or Muslim."

Judge Gwin concluded that the "sheer weight" of the evidence "makes it more likely than not" that "the Defendants' claimed reason for terminating Awad--his alleged improper opening of accounts and processing of a loan--was a mere pretext for an improper motive."

For more than three years (beginning in 2004), Awad was a teller and consumer banker at National City, now PNC.

Throughout his tenure, Judge Gwin noted, Awad was mocked and harassed by fellow workers and supervisors for being Arab-American and Muslim.

Co-workers made repeated comments about Awad supposedly being a terrorist and planning bombing, mocked him for his religion for declining to consume alcohol, and claimed that he was "taking away" their jobs.

Nancy Malta, Awad's supervisor who allegedly engaged in or indulged much of the offensive conduct and committed the retaliatory firing when Awad went to the Equal Employment Opportunity Commission (EEOC) with his concerns, remains a PNC manager.

"One would expect a major national bank like PNC, which has customers of every conceivable background, to respect its employees and prevent them from being retaliated against when they speak up about discrimination in the workplace," said Julia Shearson, executive director of CAIR's Cleveland office.

CAIR is America's largest Muslim civil liberties and advocacy organization. Its mission is to enhance the understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding.

CAIR-Cleveland Executive Director Julia Shearson, 216-440-2247, E-Mail: jshearson@cair.com; CAIR National Communications Director Ibrahim Hooper, 202-488-8787, 202-744-7726, E-Mail: ihooper@cair.com; CAIR Communications Coordinator Amina Rubin, 202-488-8787, 202-341-4171, E-Mail: arubin@cair.com

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