Jefferies v. UNC Regional Physicians Pediatrics
Jefferies v. UNC Regional Physicians Pediatrics
Opinion of the Court
This is an employment discrimination action by Plaintiff Shannon Jefferies, proceeding *759pro se, alleging race discrimination and retaliation arising out of her alleged discipline and termination by UNC Regional Physicians Pediatrics ("Regional"). Before the court is the motion to dismiss filed by Defendants Regional and Eric Welch, Jefferies's supervisor. (Doc. 7.) Jefferies has not filed a response. For the reasons discussed below, the motion will be granted in part and denied in part.
I. BACKGROUND
The complaint, viewed in the light most favorable to Jefferies, provides only the following short statement:
For charges that are stated on EEOC files that are attached, also for loss of wages, stressful and disrupted lifestyle due to lack of employment.
(Doc. 5 at 1.) However, "to determine whether the claim of a pro se plaintiff can withstand a motion to dismiss, it is appropriate to look beyond the face of the complaint to allegations made in any additional materials filled by the plaintiff." Armstrong v. Rolm A. Siemans Co.,
Jefferies is a black woman who worked as a Certified Medical Assistant ("CMA") at Regional since September 2014. (Doc. 5-1 at 1.) Welch was Jefferies's supervisor. (Id. ) In an EEOC charge filed on June 19, 2017, Jefferies alleged that on March 21, 2017, she was disciplined for attendance issues, including arriving late, leaving early, and "routinely calling-out." (Id. ) On May 23, 2017, she was disciplined again "for unrelated reasons" and "submitted a rebuttal stating [her] belief that [she] was being singled out due to [her] race." (Id. ) Jefferies was disciplined again on June 15, 2017, "for attendance related issues." (Id. ) She alleged that she was the only CMA being held to the attendance standards and claimed she had been discriminated against "due to my race (Black) and in retaliation for my complaint of being singled out due to my race in violation of Title VII." (Id. )
On June 20, 2017, Jefferies filed a second EEOC charge. (Id. at 2.) In it, she alleged that on June 19, 2017, she was "abruptly discharged under the guise that [she] had been 'witnessed going through another employee's drawer and retriev[ing] personal information and then shar[ing] it with other employees.' " (Id. ) Jefferies denies this accusation and claims that she was terminated in retaliation for her having filed the prior EEOC charge. (Id. )
On March 5, 2018, Jefferies filed this lawsuit against Regional in the General Court of Justice, Guilford County, District Court Division-Small Claims court. (Doc. 1-1.) Regional timely removed the action to this court based on federal question jurisdiction.
II. ANALYSIS
A. Legal Standard
Even though Defendants' motion to dismiss is unopposed and can ordinarily be *760granted on that basis, see Local Rule 7.3(k), the court nevertheless must satisfy itself that the motion is merited. Gardendance, Inc. v. Woodstock Copperworks, Ltd.,
B. Jefferies's Claims Against Welch
Title VII of the Civil Rights Act of 1964 (as amended), 42 U.S.C. § 2000e et seq . ("Title VII"), authorizes claims against an employer, but not against non-employers or supervisors.
C. Jefferies's Claims Against Regional
a. Race Discrimination Claim
A Title VII discrimination claim must "include adequate factual allegations to support a claim that the [employer] discriminated" because of race. McCleary-Evans v. Md. Dep't of Transp.,
Jefferies contends that she was disciplined three times and eventually terminated due to her race. (Doc. 5-1 at 1-2.) Regional argues that disciplining Jefferies does not constitute an adverse employment *761action, though it concedes that her termination does. Regional additionally argues that Jefferies provides no factual basis to infer race as a motivating factor in any of the claimed adverse actions. (Doc. 8 at 5-6.)
Regional is correct that Jefferies's race discrimination claim fails because the complaint, including attachments, does not offer sufficient factual allegations supporting an inference that Jefferies was disciplined because of race. See Martin v. Duffy,
b. Retaliation Claim
Title VII prohibits an employer from "retaliating against an employee for complaining about prior discrimination." Foster v. Univ. of Md.-E. Shore,
Regional argues that Jefferies has failed to allege specific facts supporting a claim of retaliatory discrimination. (Doc. 8 at 9.) It also contends that Jefferies's rebuttal is not a protected activity. (Id. at 8.) Jefferies alleges that Regional discharged her in retaliation for her filing an EEOC charge and for her having filed prior internal complaints of race discrimination. (Doc. 5-1 at 1-2.) Jefferies also alleges that she was terminated just hours after she filed her EEOC charge. (Id. at 2.)
Jefferies has stated sufficient facts to make out a claim for retaliation. Even if Regional were correct that Jefferies's rebuttal did not constitute protected activity (an argument the court need resolve at this stage), her filing of the June 19, 2017 EEOC charge did constitute a protected activity. 42 U.S.C. § 2000e-3(a). Moreover, a plaintiff can allege a causal link through temporal proximity, provided that an employer's knowledge of protected activity and the adverse employment action that follows are closely related in time. Clark Cty. Sch. Dist. v. Breeden,
III. CONCLUSION
For the reasons set forth above, therefore, *762IT IS ORDERED that Defendants' motion to dismiss (Doc. 7) is GRANTED IN PART and DENIED IN PART as follows:
1. The motion to dismiss all claims against Welch is GRANTED, and all claims against Welch are DISMISSED WITH PREJUDICE.
2. The motion to dismiss the Title VII race discrimination claim against Regional is GRANTED, and the claim is DISMISSED WITHOUT PREJUDICE.
3. The motion to dismiss the Title VII retaliation claim against Regional is DENIED.
See Roseboro v. Garrison,
Reference
- Full Case Name
- Shannon Oranda JEFFERIES v. UNC REGIONAL PHYSICIANS PEDIATRICS and Eric Welch
- Cited By
- 24 cases
- Status
- Published