ROBERT N. CHATIGNY, District Judge.
Plaintiff Doreen Maynard, proceeding
The amended complaint alleges the following. Plaintiff, a female, was 59 at the relevant time. In August 2010, she began working for the Stonington Community Center ("COMO") as an assistant teacher at an elementary school. She had three co-workers, all of them males under 40: Bryan Primett, Scott Algiers, and Alex Walker. Suzanne Cutler was a supervisor, and Jim Truscio served as Executive Director of COMO.
Not long after plaintiff began working in this position, she complained to Cutler about inappropriate conduct by co-workers. In September 2010, she complained to Cutler about Primett calling her derogatory names such as "grandma." Am. Compl. (ECF No. 44) at 13. Cutler responded that plaintiff was working with a "boys['] club" and should not be so "thin[] skinned."
On February 16, 2011, plaintiff complained via phone to Cutler and via email to Truscio that the father of a student had confronted her in an intimidating manner regarding statements she allegedly had made to his son about Primett. Plaintiff also complained to Truscio that Cutler had not responded to her previous complaints about misconduct by co-workers. That same day, Cutler suspended plaintiff effective immediately. The next day, Cutler and Truscio summoned plaintiff to a meeting and told her she would be suspended for another day pending an investigation of complaints made by Primett and others. The next school day (after a week-long winter break), plaintiff was called to another meeting with Cutler and Truscio and her employment was terminated.
Defendant's motion to dismiss pursuant to Rule 12(b)(6) requires the Court to assess the legal sufficiency of the allegations of the amended complaint. To withstand the motion, the amended complaint "must contain sufficient factual matter, accepted as true, to `state a claim that is plausible on its face.'"
The amended complaint attempts to plead claims for discrimination and retaliation in violation of Title VII, the Age Discrimination in Employment Act ("ADEA"), and the Connecticut Fair Employment Practices Act ("CFEPA") based on the termination of plaintiff's employment.
A plaintiff asserting a discrimination claim must include in the complaint factual allegations that "give plausible support to a minimal inference of discriminatory motivation."
A plaintiff can raise an inference of discrimination by alleging that an employer made "invidious comments about others in the employee's protected group," or treated employees not in the protected group "more favorabl[y]."
Accepted as true and construed liberally, the allegations of the amended complaint state a plausible claim for discrimination based on age and sex. Plaintiff alleges that when she complained to Cutler, her supervisor, about derogatory comments by a younger male co-worker (who called her "grandma"), Cutler did not express disapproval of the comments. Instead, she responded that plaintiff was working with a "boys['] club" and should not be so "thin[] skinned." Am. Compl. (ECF No. 44) at 13. Plaintiff alleges that her complaints of employee misconduct were treated differently than complaints of similar magnitude made by Primett and Algiers. Plaintiff alleges that she complained to Cutler on several occasions regarding misconduct by Primett and Algiers, but Cutler took no action. In contrast, when Primett and others made complaints about the plaintiff, management promptly investigated and ultimately relied on the complaints to terminate plaintiff's employment. The amended complaint does not explicitly state that plaintiff was similarly situated to Primett and Algiers in all material respects, but it appears that all three worked at the same school in similar positions and reported to the same supervisor. Taken together, these allegations are sufficient to support a claim of discrimination based on age and sex.
To state a claim for retaliation, a complaint must include allegations showing a causal connection between protected activity and an adverse employment action.
Defendant argues that plaintiff has failed to plead a plausible retaliation claim because she has not alleged facts showing a causal connection between her complaints and the termination of her employment. I disagree. According to the amended complaint, on February 16, 2011, plaintiff complained via phone to Cutler about alleged misconduct by Primett and others. Cutler suspended plaintiff effective immediately. Plaintiff emailed Truscio and complained that Cutler had responded to plaintiff's complaints by suspending her rather than investigating the alleged misconduct of others. The next day, plaintiff was called to a disciplinary meeting with Cutler and Truscio, where she was suspended for another day while Cutler and Truscio investigated the complaints against her. On the next school day, after a week-long school vacation, plaintiff was terminated during a meeting with Cutler and Truscio. The reasons given for her termination included some of the allegations in the complaints made by her co-workers.
These allegations are sufficient to support a reasonable inference of a causal connection between protected activity and adverse action. Plaintiff's complaints to management constitute protected activity.
Plaintiff moves for judgment on the pleadings. In support of the motion, she submits an extensive memorandum along with thirty exhibits exceeding 200 pages. She argues there is no genuine issue of fact requiring a trial and judgment should enter in her favor. Defendant opposes the motion on the ground that it is procedurally improper. I agree that, at a minimum, the motion is premature.
In moving for judgment on the pleadings, plaintiff relies on extensive exhibits. To consider those materials, the Court would have to convert the motion to a motion for summary judgment. If plaintiff wishes to move for summary judgment (which plaintiffs in discrimination cases rarely do), she must comply with the rules that govern such motions — Federal Rule of Civil Procedure 56 and Local Rule of Civil Procedure 56 — both of which contain detailed provisions that aim to ensure fair and thorough consideration of the evidence supporting the parties' claims and defenses.
Accordingly, the motion to dismiss (ECF 46) and the motion for judgment on the pleadings (ECF 91) are denied.
If either party wishes to file a motion for summary judgment, they may do so on or before May 19, 2017. No prefiling conference is necessary and the requirement of a prefiling conference is therefore waived.
If either party wants to have a settlement conference, a request for a conference can be made any time by contacting the chambers of Judge Martinez.
So ordered.