Braxton v. First Transit
Braxton v. First Transit
Opinion of the Court
Teairra Braxton alleges that First Transit, Inc. fired her for complaining about a supervisor's sexual harassment, failed to provide her proper union representation, and defamed her. First Transit seeks dismissal of her claims or, alternatively, an order directing Ms. Braxton to provide a more definite statement of her claims. Because Ms. Braxton has not adequately pled her improper representation and defamation claims and because all of her claims are untimely, the Court will grant First Transit's motion to dismiss and will dismiss as moot First Transit's alternative motion for a more definite statement.
I.
First Transit operates the D.C. Circulator bus system. Compl. Ex. 301 at 3 (ALJ Order dated April 18, 2016). Ms. Braxton began working as a bus operator for First Transit on August 26, 2014. Compl. 2. First Transit terminated her on January 28, 2016, six days after an incident between Ms. Braxton and a disruptive passenger on her bus.
After another passenger posted a recording of the incident on Twitter, First Transit placed Ms. Braxton on unpaid administrative leave pending an investigation into what it described as "an aggressive verbal confrontation with [a] passenger while operating the vehicle." Id. Ex. 101 (Notice of Personnel Action dated January 22, 2016). Six days later, First Transit terminated Ms. Braxton for "inappropriate behavior towards a passenger, in addition to [a] safety violation which is against First Transit policy." Id. Ex. 200 (Letter to Ms. Braxton from First Transit dated January 28, 2016). First Transit's termination letter cited four alleged violations of company policy:
• 11.01 (Disloyalty) - Conducting oneself in such a manner that the conduct would be detrimental to the interest or reputation of the Company.
• 11.01 (Safety) Violation of any safety rule or practice, or violation of operating rule or procedures that could put an employee or others in imminent danger or could result in bodily injury or damage to Company property. (State and federal regulations prohibit the operation of transit buses when passengers are forward of the white or yellow line).3
• 11.2 (Personal Conduct) - Discourteous or inappropriate attitude or behavior to passengers, other employees, or members of the public. Disorderly conduct during working hours.
• 10.2 (Vehicle Operation) - Driving the bus with only one hand on the wheel while engaging in a heated verbal debate with a passenger while other passengers were on the [vehicle] is considered "reckless operation[.]"
Id.
Ms. Braxton alleges that this explanation of her firing hides First Transit's real motive to retaliate against her for two complaints that she made against a former supervisor who allegedly asked her to sleep with him many times and promised to look out for her if she did. Compl. at 2; id. , Exs. 203-204 (Operator's Accident/Incident Reports dated October 27, 2015 and October 30, 2015, respectively).
Ms. Braxton also went before an Administrative Law Judge who reviewed First Transit's termination decision to determine Ms. Braxton's eligibility for unemployment benefits. Id. Ex. 301 at 2 (ALJ Order dated April 18, 2016). He noted that "[t]he fact that an employee's discharge appears reasonable from the employer's perspective does not necessarily mean that the employee engaged in misconduct" and decided that First Transit had not proven any misconduct by Ms. Braxton that would disqualify her from receiving unemployment benefits. Id. at 7.
Ms. Braxton filed a Complaint against First Transit in this Court on December 4, 2017. Although the Complaint is sparse, the Court liberally construes it as a claim of race discrimination, sexual harassment, and retaliation under Title VII of the Civil Rights Act, improper representation by a union representative under Section 301 of the Labor Management Relations Act, and defamation under District law. See Compl. at 1.
II.
First Transit moves to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that the Complaint fails to state a claim upon which relief can be granted. To survive a Rule 12(b)(6) motion, a complaint must contain sufficient factual allegations that, if true, "state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly ,
That said, the Court construes the Complaint in the light most favorable to the Plaintiff and accepts as true all reasonable inferences drawn from well-pled factual allegations. See In re United Mine Workers of Am. Emp. Benefit Plans Litig. ,
III.
A.
Because Ms. Braxton alleges race discrimination, sexual harassment, or retaliation, the Court understands the Complaint as an invocation of Title VII. Before suing in federal court, a plaintiff must file a charge of discrimination with the Equal Employment Opportunity Commission, or EEOC. See 42 U.S.C. § 2000e-5(e), (f)(1). "In the District of Columbia, such an EEO charge must be filed within 300 days of the allegedly discriminatory/retaliatory act." Duberry v. Inter-Con Sec. Sys. ,
"[F]iling a timely charge of discrimination with the EEOC is not a jurisdictional prerequisite to suit in federal court, but a requirement that, like a statute of limitations, is subject to waiver, estoppel, and equitable tolling." Zipes v. Trans World Airlines, Inc. ,
First Transit moves to dismiss Ms. Braxton's Title VII claims with prejudice because she did not file a timely EEO charge. Def.'s Memo. ISO Mot. Dismiss at 6-9. The EEOC's letter supports this argument by documenting that Ms. Braxton waited too long to file her charge. Compl. Ex. (Dismissal and Notice of Rights, EEOC Charge No. 570-2017-01910, dated September 6, 2017).
Ms. Braxton has offered two possible explanations for the untimeliness of her EEO charge.
Neither of Ms. Braxton's explanations for the untimeliness of her EEO charge shows an extraordinary circumstance that would justify equitable tolling. First, Ms. Braxton's vague claim of improper union representation does not state what her union representative did or failed to do and does not explain how it delayed her EEO charge. See Compl. 2. Even if Ms. Braxton's representative acted negligently in a way that prevented timely filing of the charge, this would not be an extraordinary circumstance sufficient to toll Ms. Braxton's deadline. See, e.g., Irwin v. Dep't of Veterans Affairs ,
Even if Ms. Braxton had identified extraordinary circumstances that prevented timely filing, tolling would only be appropriate if she also showed that she pursued her rights diligently. See Holland ,
B.
Ms. Braxton's Complaint asserts that her union improperly represented her. Compl. at 2. The Court construes this as a claim for breach of a collective bargaining agreement under Section 301 of the Labor Management Relations Act. See
Ms. Braxton's conclusory allegation that her union represented her improperly fails to state an unfair representation claim against the union, which the Complaint does not even name as a defendant. See Iqbal ,
Ms. Braxton's Section 301 claim also fails because it is untimely. A plaintiff must bring a Section 301 claim based on a union's unfair representation within six months. DelCostello ,
C.
Under District of Columbia law, the elements of a defamation claim are
(1) that the defendant made a false and defamatory statement concerning the plaintiff; (2) that the defendant published the statement without privilege to a third party; (3) that the defendant's fault in publishing the statement amounted to at least negligence; and (4) either that the statement was actionable as a matter of law irrespective of special harm or that its publication caused the plaintiff special harm.
Beeton v. District of Columbia ,
Ms. Braxton uses the words "defamation of character" in her Complaint but alleges no facts to explain the basis for a defamation claim. Compl. at 2. The Complaint does not specify what false *119and defamatory statement First Transit made about Ms. Braxton, does not specify that First Transit published the statement to a third party without privilege, and does not address fault or harm. And Ms. Braxton took too long to file any claim based on defamation that led to her January 2016 termination. District law requires a plaintiff to bring her defamation claim within one year of discovering that a defamatory statement was published to her injury.
IV.
Ms. Braxton alleges a disturbing saga of mistreatment at the hands of her employer, among others. Nonetheless, for the reasons stated above, the Court is required to grant First Transit's Motion to Dismiss and dismiss as moot First Transit's Motion for a More Definite Statement. A separate Order will issue.
Between hiring Ms. Braxton in 2014 and terminating her in 2016, First Transit also terminated Ms. Braxton in April 2015, reinstated her in September 2015, and suspended her in October or November 2015. See Pl.'s Opp. to Def.'s Mot. Dismiss 9, 14-15.
This was after the passenger tried to pay for his ride with a public transit card that did not work, and after Ms. Braxton said she would cover his fare since it was cold outside. Id. at 1.
An Administrative Law Judge who determined Ms. Braxton's eligibility for unemployment benefits after her termination noted that the passenger stood in front of the white safety line for about 30 seconds and that Ms. Braxton did not stop the bus during that time. Id. Ex. 301 at 7 (ALJ Order dated April 18, 2016).
Another filing by Ms. Braxton suggests the possibility that First Transit terminated her because she refused to pursue her complaint at a time when the company was seeking grounds to fire the supervisor in question. Pl.'s Opp. to Def.'s Mot. Dismiss 2, 15-20.
This Court has jurisdiction over Ms. Braxton's Title VII and Section 301 claims because they arise under federal law. See
Ms. Braxton's deadline to file an EEO charge related to her January 28, 2016 termination would have been November 23, 2016. See Duberry ,
Neither explanation clearly addresses the timing of her EEO charge, but the Court construes them as possible explanations for the untimeliness of the charge. See Erickson ,
Reference
- Full Case Name
- Teairra BRAXTON v. FIRST TRANSIT
- Cited By
- 1 case
- Status
- Published