NOT RECOMMENDED FOR PUBLICATION File Name: 21a0163n.06 No. 20–3425 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Mar 25, 2021 ) DEBORAH S. HUNT, Clerk ROYA MASAEBI, ) ) Plaintiff – Appellant, ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR ) v. THE SOUTHERN DISTRICT OF ) OHIO ) ARBY’S CORPORATION, ) ) Defendant – Appellee. BEFORE: BATCHELDER, WHITE, and BUSH, Circuit Judges. HELENE N. WHITE, Circuit Judge. In this diversity case removed from the Ohio Court of Common Pleas, plaintiff Roya Masaebi appeals the district court’s dismissal of her complaint against Arby’s Restaurant Group, Inc. (“Arby’s”). We AFFIRM. I. Masaebi was born and raised in Iran. On June 12, 2018, Masaebi interviewed for an Arby’s management position with Todd Richary, an Arby’s supervisor, and expressed her goal of using her master’s degree in business administration to apply for a corporate position at Arby’s after serving for two years as a general manager in an Arby’s restaurant. Masaebi had a follow-up interview with Andre Irvin, the director of operations, which went well. On June 21, 2018, Richary offered Masaebi a general management position starting at $57,000, in addition to a benefits package that would go into effect sixty days after starting her position. Masaebi’s salary was set No. 20-3425, Masaebi v. Arby’s Corp. higher than an average entry-level manager due to her master’s degree and several years of prior management experience. Masaebi began training with certified training manager Randall Sneddon and general manager Kim Edwards on July 16, 2018 at an Arby’s in Chillicothe, Ohio. Masaebi had been told she would complete her training closer to her home at the Pickerington location, but because there were no openings there she was instead sent to Chillicothe. Masaebi explained to Richary that training in Chillicothe was a problem for her because it was over an hour drive from her home, and she was concerned that leaving her son home alone for several hours at night could make her vulnerable in a custody battle with her ex-husband. On August 8, Masaebi was told by Arby’s training managers Brynn Schnell and Beth Campbell that she would be transferred to the Pickerington location, which was managed by Tiffany Eiselben. Masaebi continued her training in Pickerington soon thereafter. According to Masaebi, throughout her short time at Arby’s, Schnell expressed her dissatisfaction that Masaebi had a higher-than-normal starting salary and was planning to apply for a corporate position after two years. Entry-level managers are required to complete a series of written tests during their training. English is Masaebi’s third language and she requires near silence during test tasking. She informed Arby’s management of this need at the outset of her training, and no one raised an issue. When Masaebi raised her concern about testing conditions, Schnell told her that “some people take longer to learn” and assured Masaebi that even if she did not pass all the required tests after six months at Arby’s, she would simply be moved down to an assistant-manager …
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