Lowe v. Atlas Logistics Group

102 F.Supp.3d 1360 (2015)

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Nature of the Case

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Facts

D provides long-haul transportation and storage services for the grocery industry. D maintains warehouse facilities to store grocery items which are then distributed to grocery retailers. Beginning in 2012, an unknown number of D employees began defecating in D's Bouldercrest Warehouse. The defecations occurred numerous times and necessitated the destruction of grocery products on at least one occasion. D's Loss Prevention Manager, Don Hill, to conduct an investigation. The investigation compared employee work schedules to the timing and location of the defecation episodes in order to create a list of suspects. Lowe and Reynolds (Ps) were two of the employees Hill identified. Hill hired Speckin Forensic Labratories to perform a comparison of buccal swab samples to the fecal matter collected in the Warehouse. In order to perform the comparison, Speckin Labs suggested using Short Tandem Repeat analysis (STR analysis). STR analysis cannot determine an individual's propensity for disease or disorder. Ps provided samples and after testing it was determined that Ps were not the culprits. Ps filed charges of discrimination with the Equal Employment Opportunity Commission (EEOC)for an alleged violation of the Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff, et seq. (GINA). The EEOC dismissed Ps' charges but still issued a right to sue. Ps filed this action. Both parties have moved for summary judgment.