Evans v. Staples, Inc.
Evans v. Staples, Inc.
Opinion of the Court
Marjorie Y. Evans ("Plaintiff") brought this action against Staples Contract & Commercial LLC ("Staples") and Jessica Dagg ("Ms. Dagg") (collectively "Defendants") asserting that she was discriminated against on the basis of her race in violation of Mass. Gen. Laws ch. 151B and Title VII.
Background
The factual background is taken from Plaintiff's Complaint, the attached documents, and relevant public records. Foley v. Wells Fargo Bank, N.A. ,
On April 13, 2015, Kforce Professional Staffing ("Kforce") placed Plaintiff in a temporary assignment with Staples to assist Ms. Dagg's project team with clean-up of procurement databases. According to Plaintiff, this assignment was meant to end in August 2015. Plaintiff was initially interviewed for the position over the phone by Ms. Dagg. When she began her employment, and Ms. Dagg learned Plaintiff's race, Plaintiff was placed at a "countertop space" to work with the only other person of color in the office even though there were several cubicles available. She was assured this was only a temporary arraignment, but it did not change. For the duration of her employment, Plaintiff was *120largely ignored. Ms. Dagg did not respond to her emails which contained inquiries about the position and its responsibilities. In addition, Ms. Dagg did not assign Plaintiff any work. On May 22, 2015, Ms. Dagg terminated Plaintiff's contract, purportedly due to her lack of technical skills. Plaintiff believes these reasons were pretextual and that she was in fact treated differently and fired because of her race.
Plaintiff brought her claim to the Massachusetts Commission Against Discrimination ("MCAD") which found lack of probable cause. (Docket No. 1-1 at 65-67). Plaintiff appealed, and the finding of lack of probable cause was affirmed.
Legal Standard
1. 12(b)(5)
Rule 12(b)(5) empowers courts to dismiss a complaint for insufficient service of process. Fed. R. Civ. P. 12(b)(5). Rule 4(m) governs the timing of service. It provides in relevant part:
If a defendant is not served within 90 days after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.
Fed. R. Civ. P. 4(m).
When a defendant challenges the sufficiency of process under Rule 12(b)(5), the plaintiff has "the burden of proving proper service." Lopez v. Municipality of Dorado ,
2. 12(b)(6)
A defendant may move to dismiss, based solely on the complaint, for the plaintiff's "failure to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). To survive a Rule 12(b)(6) motion to dismiss, a complaint must allege "a plausible entitlement to relief." Bell Atl. Corp. v. Twombly ,
*121In evaluating a motion to dismiss, the court must accept all factual allegations in the complaint as true and draw all reasonable inferences in the plaintiff's favor. Langadinos v. American Airlines, Inc. ,
Because Plaintiff appears pro se, we construe his pleadings more favorably than we would those drafted by an attorney. See Erickson v. Pardus,
Discussion
1. Service of Process
Service here was clearly untimely.
failure to complete service in timely fashion is a result of a third person, typically the process server, the defendant has evaded service of the process or engaged in misleading conduct, the plaintiff has acted diligently in trying to effect service or there are understandable mitigating circumstance, or the plaintiff is proceeding pro se or in forma pauperis. Pro se status or any other listed explanations for a failure to make timely service, however, is not automatically enough to constitute good cause for purposes of Rule 4(m)
McIsaac v. Ford ,
The Court may in its discretion, however, extend the time period even in the absence of good cause. Here, if Plaintiff were required to refile her claims, her Title VII claims would be time-barred because Title VII requires plaintiffs to file a civil complaint within ninety days of EEOC's issuance of its right-to-sue letter. See Noviello v. City of Boston ,
2. Chapter 151B Claim
Defendants argue that the statute of limitations has run on Plaintiff's Chapter 151B. To prevail on a statute of limitations defense at the motion to dismiss stage,
the facts establishing that defense must: (1) be definitively ascertainable from the complaint and other allowable sources of information, and (2) suffice to establish the affirmative defense with certitude.
Gray v. Evercore Restructuring L.L.C. ,
A civil action brought pursuant to Chapter 151B must be filed "not later than three years after the alleged unlawful practice occurred." Mass. Gen. Laws ch. 151B, § 9. "An employment discrimination claim accrues when the employee has unequivocal notice of some harm resulting from an allegedly discriminatory act." McAleer v. Prudential Ins. Co. of America ,
All the allegations in Plaintiff's Complaint occurred between April 13 and May 22, 2015 when her employment was terminated.
3. Title VII Claims
Plaintiff brings Title VII claims against Staples and Ms. Dagg. Title VII does not provide for individual employee liability. See Fantini v. Salem State College ,
Regarding Plaintiff's Title VII claims against Staples, Defendants contend that Plaintiff has failed to plausibly state a claim upon which relief can be granted.
*123Title VII makes it unlawful for employers to:
(1) fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.
42 U.S.C. § 2000e-2(a). "These two proscriptions, often referred to as the 'disparate treatment' (or 'intentional discrimination') provision and the 'disparate impact' provision, are the only causes of action under Title VII." E.E.O.C. v. Abercrombie & Fitch Stores, Inc. , --- U.S. ----,
To establish a prima facie case of disparate treatment discrimination, a plaintiff must show: (1) she is a member of a protected class; (2) she was qualified for her position; (3) her employer took an adverse employment action against her; and (4) some evidence of a causal link between her protected status and the adverse employment action. Bhatti v. Trustees of Boston University ,
Importantly, at the pleading stage, plaintiff is not required to plead facts sufficient to establish a prima facie case. Rodriguez-Reyes v. Molina-Rodriguez ,
Plaintiff is a member of a protected class. It is plausible that she was qualified for her position since Ms. Dagg hired her after reviewing her credentials and conducting a phone interview. Her employer took an adverse action against her by terminating her employment earlier than expected. See Mariani-Colon v. Dep't of Homeland Sec. ex rel. Chertoff ,
Conclusion
For the reasons stated above, Defendants' motion is granted in part and denied in part. Plaintiff's Chapter 151B claims are dismissed. In addition, her Title VII claim against Ms. Dagg is dismissed. Her Title VII claim against Staples, however, survives Defendants' motion.
SO ORDERED
In her Complaint, Plaintiff cites Title II. See Docket No. 1-1, at 2. Because Title VII concerns employment discrimination, the Court will assume Plaintiff attempted to assert a Title VII claim.
In granting Plaintiff's motion for proceed in forma pauperis , this Court gave Plaintiff until January 9, 2019 to serve Defendants. On January 17, 2019, Defendants were served-Staples properly and Ms. Dagg improperly. See n. 4, infra .
Plaintiff received her right-to-sue letter from the EEOC on March 18, 2015, which required her to file a lawsuit in state or federal court within 90 days. If Plaintiff were required to refile, she would be outside of that 90-day window and her Title VII claims would be barred.
For reasons elucidated below, Plaintiff's Chapter 151B claims are time-barred regardless of whether she is required to refile her Complaint.
Service was also improperly served on Ms. Dagg as it was served on a Staples representative who was not authorized by Ms. Dagg to accept service of legal process on her behalf. See Docket No. 20, at 17-19. Because all claims against Ms. Dagg are dismissed for reasons discussed below, however, the Court need not address Plaintiff's improper service on Ms. Dagg.
In her Complaint, Plaintiff claimed that her employment was terminated on or about May 18, 2017. (Docket No. 1-1, at 11). When read in the context of her Complaint, however, it is clear this was a typographical error. Indeed, in her memorandum in opposition to this motion, Plaintiff claims her last day of employment was May 22, 2015. In addition, in her MCAD complaint, Plaintiff alleged her employment was terminated on May 19, 2015. (Docket 20-2, at 1).
Reference
- Full Case Name
- Marjorie Y. EVANS v. STAPLES, INC. and Jessica Dagg
- Cited By
- 11 cases
- Status
- Published