FAISAL NAEEM, Petitioner,
v.
TELEPERFORMANCE, Respondent.
No. 8-8-0403
Utah Workers Compensation Decisions
Utah Labor Commission
November 6, 2020
ORDER
AFFIRMING ALJ’S DECISION
Jaceson R. Maughan Utah Labor Commissioner
Faisal
Naeem asks the Utah Labor Commission to review Administrative
Law Judge Holley’s dismissal of Mr. Naeem’s
complaint that Teleperformance retaliated against him and
discriminated against him on account of his race and religion
in violation of the Utah Antidiscrimination Act, Title 34A,
Chapter 5, Utah Code Annotated.
The
Labor Commission exercises jurisdiction in this matter
pursuant to §63G-4-301 of the Utah Administrative
Procedures Act and §34A-5-107(11) of the Utah
Antidiscrimination Act.
BACKGROUND
AND ISSUE PRESENTED
Mr.
Naeem filed a complaint with the Utah Antidiscrimination and
Labor Division (UALD) alleging that Teleperformance
retaliated and discriminated against him based on his race
and his religion. UALD investigated Mr. Naeem’s
complaint and found no cause to believe that he had been
subjected to discriminatory or retaliatory conduct as
alleged. UALD therefore dismissed Mr. Naeem’s
complaint. He then requested de novo review of his complaint
before the Adjudication Division and the matter was assigned
to Judge Holley.
Judge
Holley held an evidentiary hearing on Mr. Naeem’s
complaint and concluded that there was no genuine dispute of
fact with regard to whether he had met the prima facie
elements of retaliation or discrimination on the basis of
race or religion. Judge Holley therefore granted
Teleperformance’s motion to dismissed Mr. Naeem’s
complaint. Mr. Naeem now seeks review of Judge Holley’s
order. The points in Mr. Naeem’s motion are difficult
to discern, but he appears to dispute that Teleperformance
was justified in terminating his employment. Mr. Naeem also
seems to contend that he was treated differently than other
employees when he was denied a bonus he earned and that
Teleperformance took adverse action against him after he
filed his complaint with UALD.
SUMMARY
OF UNDISPUTED FACTS
The
Commission adopts Judge Holley’s findings of fact and
summarizes them as follows. Mr. Naeem is of Asian descent and
identifies as Muslim. He began working for Teleperformance in
2016 answering telephone calls on behalf of
Teleperformance’s clients. Teleperformance had a
workplace policy providing for disciplinary action against
employees for violation of its rules against misconduct,
including misuse of company property and using confidential,
personal, or proprietary information without authorization.
In
January 2018, Mr. Naeem was working for Teleperformance on
behalf of AT&T, which maintained its own auditing system
regarding access of customer information by Teleperformance
employees. On January 27...
