Moeinpour vs. Board Of Trustees Of The University Of Alabama et al

Case Background

On September 28, 2021, Plaintiff Fariba Moeinpour filed a Workplace discrimination lawsuit in the Northern District Court of Alabama (Case number: 2:21cv1302). Judge R David Proctor presided over the case.

Cause

Dr. Fariba Moeinpour began her employment at UAB School of Medicine in February 2011 as a research scientist in Dr. Clinton J. Grubbs’ laboratory, funded by a federal grant from the National Cancer Institution for cancer prevention research. From the outset, UAB administrator Mary Jo Cagle initiated a sustained campaign of harassment targeting Moeinpour’s Middle Eastern heritage and Iranian national origin. Cagle mocked Moeinpour’s name, made derogatory comments about her accent, and used racial slurs, including “sand nigger.” The harassment escalated to physical intimidation when Cagle stalked Moeinpour in workplace bathrooms, spat at her, and once brandished a pistol at her in the UAB parking deck.

Throughout her employment, Moeinpour reported these incidents to both her supervisor, Dr. Grubbs, and HR Director Kelly Mayer. Dr. Grubbs dismissed her complaints, advising her to “focus on work” while expressing fear of retaliation from Cagle, whom he claimed had mafia connections. Mayer also failed to investigate or address the hostile work environment, suggesting instead that Moeinpour seek psychological help.

The situation reached a breaking point on February 13, 2020. When Moeinpour informed Dr. Grubbs of her intent to report Cagle’s harassment to department leadership, he physically attacked her in his office, grabbing her chin and causing facial lacerations. Although Moeinpour acted in self-defense, UAB police arrested only her, not Dr. Grubbs. She spent a night in jail before receiving medical attention for her injuries. UAB terminated her employment on February 18, 2020, without conducting any investigation into her claims of discrimination and assault.

Injuries

The sustained harassment and workplace discrimination inflicted multiple layers of harm on Moeinpour. The physical assault by Dr. Grubbs resulted in documented facial injuries, including cuts and scratches that required medical attention. Years of racial harassment and threats caused severe psychological trauma, diagnosed and treated by medical professionals. The false arrest and detention led to immediate physical discomfort and lasting damage to her professional reputation in the academic research community.

Cagle’s persistent stalking and threats, including brandishing a weapon, instilled ongoing fear for Moeinpour’s personal safety, affecting both her and her daughter. The hostile work environment severely impacted her ability to perform her research duties effectively. UAB’s failure to address her complaints, coupled with her retaliatory termination, caused significant career setbacks in her specialized field of cancer research.

Damages

The wrongful termination resulted in immediate financial losses, including salary, benefits, and research opportunities tied to federal grant funding. The nature of her termination and arrest created substantial barriers to securing equivalent employment in academic research, leading to long-term career damage and reduced earning capacity. She incurred medical expenses for treatment of both physical injuries and psychological trauma stemming from the sustained harassment and assault

The false arrest and overnight detention caused immediate physical discomfort and emotional distress while damaging her professional reputation in the academic community. The hostile work environment and workplace discrimination resulted in compensable emotional damages, including anxiety, depression, and loss of professional standing. The intentional nature of the discrimination, coupled with UAB’s deliberate indifference to her complaints, warranted punitive damages.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Fariba Moeinpour
    • Counsel for Plaintiff: Eric J. Artrip| Teresa Ryder Mastando | Dennis A. Mastando

 

  • Defendant(s):Board of Trustees of the University of Alabama | Kelly Mayer | Mary Jo Cagle
    • Counsel for Defendants: David R. Mellon| Emily Traylor Vande Lune | Lynlee Wells Palmer | Spencer A. Kinderman | Daniel B. Harris | Dion Y. Kohler | Parsa Fattahi | Anne R. Yuengert | Cortlin Lee Bond | Hunter Wade Pearce | Scott B. Smith

 Claims

Title VII Violations:

UAB’s actions constituted severe and pervasive harassment based on race and national origin, creating a hostile work environment. The university failed to take reasonable steps to prevent or correct the harassment despite multiple complaints. The termination represented clear retaliation for Moeinpour’s protected activity of reporting discrimination.

Title VI Violations:

As a recipient of federal funds, UAB violated Title VI by permitting discrimination in federally funded programs and activities. Moeinpour’s position, funded by federal grants, fell under Title VI protection. Her termination constituted prohibited retaliation under Title VI.

Section 1981/1983 Civil Rights Violations:

Acting under color of state law, defendants Mayer and Cagle violated Moeinpour’s clearly established rights to be free from racial discrimination and harassment. Mayer exhibited deliberate indifference to constitutional violations, while Cagle directly participated in racially motivated harassment and threats.

Defense

UAB and Kelly Mayer denied all allegations of workplace discrimination and harassment based on race and national origin against Fariba Moeinpour. They acknowledged that Moeinpour worked at UAB from September 2005 to February 2020, first as a Research Assistant and later as a Research Associate/Scientist II under Dr. Clinton Grubbs’ supervision.

The defendants claimed that while Moeinpour complained about working with Mary Jo Cagle in 2011 and 2012, she never specifically reported discrimination or harassment based on race or national origin. On February 13, 2020, Moeinpour called Dr. Grubbs at home and demanded Cagle’s termination, threatening to get both Grubbs and Cagle fired if he did not comply. When Dr. Grubbs attempted to leave Moeinpour’s office after a confrontation, she physically prevented him from exiting and threatened to accuse him of sexual assault. Moeinpour then slapped Dr. Grubbs in the face, which she later admitted to UAB Police.

The defendants stated they terminated Moeinpour’s employment on February 18, 2020, after multiple unsuccessful attempts to contact her following her arrest for Domestic Violence in the Third Degree. They maintained that the termination resulted from her wrongful conduct on February 13, 2020, job abandonment, and violations of multiple UAB policies, including the UAB Enterprise Code of Conduct and Violence Prevention and Response Policy. The defendants asserted that all employment decisions regarding Moeinpour were based on legitimate, non-discriminatory, and non-retaliatory business reasons.

Jury Verdict

On September 9, 2024, the jury found that Dr. Grubbs called the police on February 13, 2020, to prevent Moeinpour from reporting her complaints about racial harassment by Mary Jo Cagle to Dr. Chen. They determined that the Plaintiff’s arrest caused her emotional pain and mental anguish, for which UAB was held responsible. As a result, the jury awarded the Plaintiff damages in the amount of $3,000,000 from UAB in a workplace discrimination lawsuit.

Court Documents:

Available Upon Request