LORETTA C. BIGGS, District Judge.
Plaintiff Paula Johnson ("Ms. Johnson") brings this action against Defendants Earth Angels and Sandra Lemonds, alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a) (2012). Defendants in their Answer move to dismiss Ms. Johnson's claims for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Answer 4, ECF No. 9.) The manner in which Defendants made this motion violates Local Rule 7.3(a), which requires each motion to be "set out in a separate pleading." L.R. 7.3(a). Defendants, also in their Answer, appear to seek dismissal pursuant to Rule 12(b)(1) for "fail[ure] to properly invoke either jurisdiction or venue," likewise made in violation of the Local Rules. (See Answer 5, ECF No. 9.) The Court will nevertheless consider the merits of these improperly made motions since Defendants clarify their requested relief in a supporting brief
For the reasons discussed below, the Court denies Defendants' motion to dismiss for "fail[ure] to properly invoke either jurisdiction or venue," and the Court grants in part and denies in part Defendants' motion to dismiss for failure to state a claim upon which relief can be granted.
The facts as alleged by Ms. Johnson are as follows: Ms. Johnson is African-American. (Am. Compl. ¶ 10, ECF No. 3.) From June 2010 to February 2011, she worked at Earth Angels, a health-care agency owned and operated by Executive Director Sandra Lemonds ("Ms. Lemonds"). (Id. ¶¶ 1, 7.) One month after voluntarily resigning from Earth Angels, Ms. Johnson reapplied and was rehired as a Field Representative and a Personal Care Assistant. (Id. ¶¶ 7, 8.) During Ms. Johnson's employment, Ms. Lemonds repeatedly used the word "n* * * * *" in her presence and referred to her as a "pickaninny." (Id. ¶ 18.) Defendants also maintained separate bathrooms for black and white individuals. (Id. ¶ 16.) At one point, Defendants installed a portrait in Ms. Lemonds' office that Ms. Johnson found racially offensive.
In late October 2013, Ms. Lemonds fired Ms. Johnson from her position as a Field Representative, citing her alleged "disrespect" toward stakeholders as the reason for her termination. (Am. Compl. ¶¶ 8-9, ECF No. 3.) A few days later, in early November 2013, Ms. Lemonds fired Ms. Johnson from her position as a Personal Care Assistant, without explanation. (Id.) In December 2013, Ms. Johnson filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"), which dismissed her charge in September 2014. (Id. ¶ 8; Pl.'s Opp'n 1-2, ECF No. 13.) Ms. Johnson filed this lawsuit in December 2014. (See Compl. 6, ECF No. 1.)
Defendants argue that Ms. Johnson's Amended Complaint should be dismissed pursuant to Rule 12(b)(1) "for failing to properly invoke either jurisdiction or venue," because Ms. Johnson "never alleges any specific jurisdictional or venue statute." (Def.'s Mem. 1, 9, ECF No. 10.) Defendants' argument is without merit.
Ms. Johnson's failure to cite the statute conferring jurisdiction on this Court does not deprive the Court of jurisdiction. Rule 8(a)(1) requires a complaint to contain "a short and plain statement of the grounds for the court's jurisdiction," Fed.R.Civ.P. 8(a)(1), but even without a statement of jurisdiction, "a federal court may find that it has jurisdiction if the facts supporting jurisdiction have been clearly pleaded." Pinkley, Inc. v. City of Frederick, 191 F.3d 394, 399 (4th Cir.1999); see Andrus v. Charlestone Stone Prods. Co., 436 U.S. 604, 608 n. 6, 98 S.Ct. 2002, 56 L.Ed.2d 570 (1978) ("Nor does it matter that the complaint does not in so many words assert § 1331(a) as a basis of jurisdiction, since the facts alleged in it are sufficient to establish such jurisdiction...."). Here, the Amended Complaint clearly pleads facts that relate to federal law claims, thus supporting federal question jurisdiction under § 1331. (See Am. Compl. ¶¶ 16-18, ECF No. 3 (alleging facts to support a claim of a racially hostile work environment under Title VII).)
Likewise, the absence of a statutory citation regarding venue does not make venue in this district improper. The Federal Rules of Civil Procedure do not require a complaint to contain a statement of venue, let alone a citation to the correct statutory venue provision. See Great W. Mining & Mineral Co. v. ADR Options, Inc., 434 Fed.Appx. 83, 86-87 (3d Cir. 2011); 5 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1206 (3d ed.2004). Moreover, Rule 12(b)(1) is not the appropriate basis for a venue challenge, as it relates only to subject-matter jurisdiction, not venue. See Fed.R.Civ.P. 12(b)(1).
Thus, to the extent that Defendants have moved to dismiss Ms. Johnson's Amended Complaint pursuant to Rule 12(b)(1), the requested relief is denied. The Court also declines to order Ms. Johnson to "properly allege" the relevant statutes, as Defendants request in the alternative. (See Answer 5, ECF No. 9.)
Defendants next argue that the Amended Complaint fails pursuant to Rule 12(b)(6) to state any claim upon which relief can be granted under Title VII, whether for disparate treatment, wrongful termination, hostile work environment, retaliation, or otherwise.
A motion to dismiss under Rule 12(b)(6) "challenges the legal sufficiency of a complaint," including whether it meets the pleading standard of Rule 8(a)(2). Francis v. Giacomelli, 588 F.3d 186, 192 (4th Cir.2009). Rule 8(a)(2) requires a complaint to contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). This pleading standard "does not require `detailed factual allegations,' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Mere "labels and conclusions" and "a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555, 127 S.Ct. 1955. Instead, "a complaint must contain sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'" Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). A claim is plausible when the complaint alleges facts that allow the court "to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. Where the facts are "merely consistent with" the defendant's liability or allow the court to infer only "the mere possibility of misconduct," the complaint "stops short of the line between possibility and plausibility" and must be dismissed. Id. at 678-79, 129 S.Ct. 1937; see Twombly, 550 U.S. at 570, 127 S.Ct. 1955.
Ms. Johnson alleges that Defendants "engaged in unlawful employment discrimination in violation of Title VII when [they] decided to terminate Plaintiff based on her race." (Am. Compl. 1, ECF No. 3.) Defendants' sole argument supporting their motion to dismiss this claim is that Ms. Johnson has failed to allege the elements of a prima facie case. (Def.'s Mem. 6, ECF No. 10.) The Supreme Court and Fourth Circuit, however, have expressly rejected the view that a plaintiff alleging employment discrimination must plead a prima facie case to survive a motion to dismiss. See Swierkiewicz v. Sorema N.A., 534 U.S. 506, 515, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002); McCleary-Evans v. Md. Dep't of Transp., 780 F.3d 582, 585 (4th Cir.2015) (explaining that the district court erred by requiring the plaintiff "to plead facts establishing a prima facie case of discrimination to survive a motion to dismiss"). Rather, a plaintiff is "required to allege facts to satisfy the elements of a cause of action created by [Title VII]." McCleary-Evans, 780 F.3d at 585. Here, to state a claim of racially discriminatory discharge, Ms. Johnson is required to allege sufficient facts to establish a plausible basis for believing that she was discharged "because of [her] race." See id. (quoting 42 U.S.C. § 2000e-2(a)(1)) (requiring a plaintiff claiming discriminatory failure to hire to allege facts that her employer failed or refused to hire her "because of" her race or sex).
To demonstrate that her termination was based on race, Ms. Johnson argues that "other employees who had been insubordinate and who had stolen
Though Ms. Johnson does not specifically set forth a claim using the terms "hostile work environment," the Court infers that she has pled this claim based on allegations in her Amended Complaint. Ms. Johnson alleges that Defendants "discriminated against [her] based on her race" before her termination. (Am. Compl. 1, ECF No. 3.) Specifically, she alleges that Defendants "maintain[ed] racially segregated bathroom facilities;" that Defendants installed a racially offensive portrait in Ms. Lemonds' office; and that Ms. Lemonds "repeated[ly] used racially offensive language" in her presence, including the word "n* * * * *," and referred to her as a "pickaninny." (Id. ¶¶ 16-18.) Based on these allegations, the Court infers that Ms. Johnson has pled a claim for a racially hostile work environment. Because the Amended Complaint does not name the claims Ms. Johnson pursues, Defendants argue that the Amended Complaint fails to give them "fair notice of exactly which claim(s) Plaintiff may be alleging and/or attempting to pursue." (Def.'s Reply 2, ECF No. 14.) While federal pleading rules require "a short and plain statement of the claim showing that the pleader is entitled to relief," Fed.R.Civ.P. 8(a)(2), the rules "are designed to discourage battles over mere form of statement." Johnson v. City of Shelby, ___ U.S. ___, 135 S.Ct. 346, 346-47, 190 L.Ed.2d 309 (2014) (quoting Advisory Committee Report of 1955, reprinted in 12A Charles Alan Wright et al., Federal
A hostile work environment exists "[w]hen the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." Boyer-Liberto v. Fontainebleau Corp., 786 F.3d 264, 277 (4th Cir.2015) (alteration in original) (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993)). To state a claim for a racially hostile work environment, a plaintiff must allege facts making it plausible that "(1) she experienced unwelcome harassment; (2) the harassment was based on her ... race ...; (3) the harassment was sufficiently severe or pervasive to alter the conditions of employment and create an abusive atmosphere; and (4) there is some basis for imposing liability on the employer." Bass v. E.I. DuPont de Nemours & Co., 324 F.3d 761, 765 (4th Cir.2003);
Defendants challenge only whether Ms. Johnson's allegations "rise to the level of severity and pervasiveness required" to alter the conditions of employment and create an abusive atmosphere. (Defs.' Mem. 8, ECF No. 10.) They contend that her allegations represent, at best, "simply isolated occurrences." (Id.) While "isolated incidents (unless extremely serious) will not amount to discriminatory changes in the `terms and conditions of employment,'" Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), the Fourth Circuit recognizes that "[p]erhaps no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an unambiguously racial epithet such as `nigger' by a supervisor in the presence of his subordinates." Boyer-Liberto, 786 F.3d at 280 (alteration in original) (quoting Spriggs v. Diamond Auto Glass, 242 F.3d 179, 185 (4th Cir.2001)). That is precisely what Ms. Johnson alleges here: that Ms. Lemonds, the Executive Director of Earth Angels, used the word "n* * * * *" in the presence of employees including Ms. Johnson — not once, but repeatedly.
Further supporting Ms. Johnson's hostile work environment claim are allegations that Defendants maintained racially segregated bathrooms and installed a racially offensive portrait in Ms. Lemonds' office, despite a request to remove the portrait. (Am. Compl. ¶¶ 16-17, ECF No. 3.) Taken as true, Ms. Johnson's allegations paint a portrait of a workplace permeated with racial hostility. This is all the more egregious because the hostility appears to be fueled by the director/owner of the organization. See U.S. EEOC v. GNLV Corp., No. 2:06-cv-01225-RCJ-PAL, 2014 WL 7365871, at *19 (D.Nev. Dec. 18, 2014) (acknowledging that "conduct is even more egregious if perpetrated on the claimant by a direct supervisor"). This Court therefore "draw[s] the reasonable inference that [Defendants are] liable for the misconduct alleged." See Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. Accordingly, the Court denies Defendants' motion to dismiss as it relates to a claim of hostile work environment as alleged by Ms. Johnson.
The Amended Complaint further alleges that "[a]ll of the above [allegations] demonstrate a pattern and practice of discriminatory treatment or in the alternative discrimination, concerning wage, promotion, hiring, firing, and other employment practices to the detriment of Plaintiff, based on factors including but not limited to her race and national origin."
For the reasons outlined herein, the Court enters the following:
IT IS THEREFORE ORDERED that Defendants' motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure is DENIED.
IT IS FURTHER ORDERED that Defendants' motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is DENIED IN PART, as it relates to Ms. Johnson's claim of hostile work environment, and GRANTED IN PART, as it relates to Ms. Johnson's claim of discriminatory discharge.