This section contains the nature of the case and procedural background.

P was employed as an equipment operator by D. He began his employment in March 2005 and worked continuously for the company through his termination in May 2006. P alleges that in July 2005, he heard his Caucasian supervisor refer to him as a 'Nigger.' On or about October 17, 2005, P complained to human resources. P was transferred to work under a different supervisor. Around January 6, 2006, P filed a complaint with the District of Columbia Office of Human Rights (OHR) alleging discrimination and retaliation. The complaint was cross-filed with EEOC. P alleges that he was reprimanded and issued warnings by D for unfounded reasons as a result of the complaints he made to D's human resources office and the OHR. D claims the warnings were performance-related. Around April 20, 2006, P was summoned at the end of the workday to collect his paycheck and sign a two-page document titled 'Receipt and Acknowledgment of The Magnolia Companies Employment Benefits and Guidelines Manual.' The arbitration policy was referenced on the first page of the Form only, and P claims that he was only shown the second page. P did sign the Form. P alleges that human resources refused to release his paycheck unless he immediately signed the Form. Two weeks after P signed the Form, D terminated P's employment. In December 2006, the OHR mailed a Letter of Determination dismissing P's claims, and the EEOC adopted the OHR's decision. P sued D alleging violations of Title VII and the DCHRA. The parties have conducted discovery and both filed cross-motions for summary judgment.

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