ABDUL K. KALLON, District Judge.
Seneka Castrell Readus alleges claims of race discrimination (Count I) and retaliation (Count II) in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. ("Title VII"), against HMR Veteran Services and HMR of Alabama, Inc. (collectively, "HMR"). Doc. 9. Presently before the court is HMR's motion to dismiss, which is fully briefed, docs. 10; 14; and 15, and ripe for review.
Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." "[T]he pleading standard Rule 8 announces 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 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Mere "labels and conclusions" or "a formulaic recitation of the elements of a cause of action" are insufficient. Iqbal, 556 U.S. at 678 (citations and internal quotation marks omitted). "Nor does a complaint suffice if it tenders `naked assertion[s]' devoid of `further factual enhancement.'" Id. (citing Twombly, 550 U.S. at 557).
Federal Rule of Civil Procedure 12(b)(6) permits dismissal when a complaint fails to state a claim upon which relief can be granted. "To survive a motion to dismiss, 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 (citations and internal quotation marks omitted). A complaint states a facially plausible claim for relief "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (citation omitted). The complaint must establish "more than a sheer possibility that a defendant has acted unlawfully." Id.; see also Twombly, 550 U.S. at 555 ("Factual allegations must be enough to raise a right to relief above the speculative level."). Ultimately, this inquiry is a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Iqbal, 556 U.S. at 679.
Readus, who is African-American, worked for HMR as a nursing supervisor. Doc. 9 at 3-4. At issue here are remarks made by the Director of Nursing, Troy Roeck, including a reference to Readus's children as "little monkeys" when he invited Readus's family to his home for a social visit, and a false statement "that [Readus] was a single parent with three children." Id. at 4. Shortly after Readus complained to HMR's corporate office about the remarks, Roeck and Administrator Belinda Schrimsher purportedly "took away [Readus's] onshift privileges." Id. at 5. Readus alleges that she has "suffered great mental and emotional anguish due to [these] actions and had to undergo surgery as a result of the increased stress." Id.
In Count I, Readus pleads a claim for race discrimination.
Based on the amended complaint, the only adverse employment action Readus alleges is that HMR denied her onshift and half shift privileges. Doc. 9 at 6. Moreover, to show purported disparate treatment, she alleges that "[o]ther RN Supervisors who did not complain about discrimination have not had their onshift and half shift privileges taken away." Id. These contentions, however, fall short of alleging an adverse action or disparate treatment based on race.
For example, although Readus states the loss of onshift and half shift privileges, she does not specify the economic loss, if any, or loss of employment rank or status due to these actions. "Although an adverse employment action need not be an ultimate employment decision, such as termination, failure to hire or demotion, it must meet a `threshold level of substantiality.'" Grimsley v. Marshalls of MA, Inc., 284 F. App'x 604, 608 (11th Cir. 2008) (quoting Davis v. Town of Lake Park, 245 F.3d 1232, 1238-39 (11th Cir. 2001)). Stated differently, "[a]lthough evidence of `direct economic consequences' is not always required, `to prove adverse employment action in a case under Title VII's anti-discrimination clause, an employee must show a serious and material change in the terms, conditions or privileges of employment.'" Grimsley, 284 F. App'x at 608 (quoting Davis, 245 F.3d at 1238-39) (emphasis in Grimsley). No such showing is made in the amended complaint. Moreover, Readus does not indicate whether the "other RN Supervisors who did not complain about discrimination [and who] have not had their onshift and half shift privileges taken away," doc. 9 at 6, are individuals outside of her protected class.
Transitioning now to Count II, Readus alleges that HMR retaliated against her after she complained about the "little monkeys" comment by telling her that she could "no longer work half shifts" and that "she could no longer contact [them] about issues with the facility and that she should be able to handle issues at night on her own." Doc. 9 at 6-7. HMR argues that Readus's complaint about the "little monkeys" remark was not protected activity,
In light of the foregoing, HMR's motion to dismiss, doc. 10, is