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Morales v. Bottling Group LLC

Seemingly Unqualified Pepsi Merchandisers Fail to Establish Prima Facie Discrimination

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ADDITIONAL CASESBobby Campbell, Jr., Plaintiff, v. Bottling Group, LLC, Defendant; 16-CV-6600L.DECISION AND ORDERINTRODUCTION Roberto Morales (“Morales”) and his brother, Bobby Campbell (“Campbell”) (together, the “plaintiffs”), filed separate pro se complaints against Bottling Group, LLC (“Bottling Group”),¹ alleging race-and-color-based discrimination, hostile work environment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq. (“Title VII”) and the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §298, et seq. Pending are Bottling Group’s motions for summary judgment. (Dkt. ## M31; C56).² Because the allegations, backgrounds, and defenses in both cases are similar, the Court will address both motions in this single decision. For the following reasons, Bottling Group’s motions are granted, and Morales’s and Campbell’s Complaints (Dkt. ## M1; C1), are dismissed in their entirety and with prejudice.FACTS³A. Bottling Group and the Account Merchandiser PositionBottling Group is a seller and distributor of Pepsi products, and has a distribution facility in Rochester, New York. (Dkt. ## M31-1 at12; C56-1 at13). In addition to staff at the facility, Bottling Group employs Bulk Customer Representatives (“BCRs”) and Account Merchandisers (“Merchandisers”), both of which service customer stores. (Dkt. ## M31-1 at

13-14; C56-1 at

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