Ammar Alkhawaldeh began working as a functional scientist/functional leader for Dow Chemical Company in January 2008. In October 2009, his supervisor gave him a rating of 1 on his annual review, the lowest possible rating on a scale of 1-5. The supervisor also placed him on a PIP. Alkhawaldeh vigorously protested his rating with Dow, but the rating remained unchanged.
In November 2009, Alkhawaldeh made an internal complaint to human resources that his supervisor and one or more trainers made racially offensive comments to him based on his Arab descent, dark skin and being from Jordan and that his supervisor retaliated against him for complaining about the comments by placing him on a PIP. On April 2, 2010, while still employed with Dow, he filed his first Equal Employment Opportunity Commission (EEOC) charge, alleging discrimination in violation of Title VII. During the summer of 2010, Alkhawaldeh also sent an e-mail to the chairman and CEO of Dow claiming that he was the victim of retaliation.
On July 6, 2010, Dow transferred Alkhawaldeh to a new group and placed him with a different supervisor. The new supervisor evaluated him for approximately two months before concluding that he was underperforming. Thereafter, consistent with company policy, Dow convened a committee to evaluate Alkhawaldeh's performance. The committee found, among other things, that he was insubordinate, lacked concentration and failed to demonstrate innovation, and did not seem to possess the basic mathematical and engineering skills for his position. On Oct. 30, 2010, Dow terminated him.
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