Ajaz v. Continental Airlines

156 F.R.D. 145, 1994 WL 321783
CourtDistrict Court, S.D. Texas
DecidedJuly 5, 1994
DocketCiv. A. No. H-93-3929
StatusPublished
Cited by10 cases

This text of 156 F.R.D. 145 (Ajaz v. Continental Airlines) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ajaz v. Continental Airlines, 156 F.R.D. 145, 1994 WL 321783 (S.D. Tex. 1994).

Opinion

MEMORANDUM AND ORDER

CRONE, United States Magistrate Judge.

Pending before the court is defendant Mark Wauters’ (“Wauters”) Motion and Amended Motion to Dismiss for Failure to [147]*147State a Claim (Docket Entry #’s 5 & 11). After review of the pending motions, the submissions of the parties, the pleadings, and the applicable law, this court is of the opinion that Wauters’ motions should be granted.

I. Background.

Plaintiff Mohammed Ajaz (“Ajaz”) worked as an aircraft mechanic for defendant Continental Airlines (“Continental”) from October 1987 until his termination in August 1992. Defendant Wauters was his immediate supervisor. Ajaz alleges that defendants discriminated against him because of his national origin, Pakistani, and his religion, Muslim, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Ajaz asserts that during his employment, he was subjected to discriminatory and racially motivated comments and was harassed by supervisors and co-workers on a regular basis. He also contends that he was disciplined and ultimately terminated in retaliation for voicing concerns about discrimination. Ajaz further alleges that defendants were negligent under Texas law because they failed to provide adequate and necessary supervision to prevent discriminatory treatment of him by his fellow employees.

In his motion and amended motion to dismiss for failure to state a claim under Fed. R.Civ.P. 12(b)(6), Wauters asserts that he is not subject to liability because: (1) he was not named as a respondent in Ajaz’ discrimination charge filed with the Equal Employment Opportunity Commission (“EEOC”) and cannot be held liable in his individual capacity under Title VII and (2) the Texas Workers’ Compensation Act precludes Ajaz from asserting a negligent supervision claim in this action.

II. Analysis.

A. Title VII Claim.

1. Failure to Name Defendant in EEOC Charge.

Generally, “only parties previously identified as respondents in charges filed with the EEOC are subject to subsequent liability under Title VII.” Terrell v. United States Pipe & Foundry Co., 644 F.2d 1112, 1122 (5th Cir.1981), vacated on other grounds, 456 U.S. 955, 102 S.Ct. 2028, 72 L.Ed.2d 479 (1982). The primary purpose of an EEOC charge is to provide notice of the charges to the respondent and to activate the voluntary compliance and conciliation functions of the EEOC. Id.; Bowe v. Colgate-Palmolive Company, 416 F.2d 711, 720 (7th Cir.1969). The charge triggers an investigation by the EEOC so, through a conciliation process, voluntary compliance may be obtained and discriminatory practices and policies eliminated. Terrell v. United States Pipe & Foundry Co., 644 F.2d at 1123. Accordingly, the scope of a Title VII suit extends “as far as, but no further than, the scope of the EEOC investigation which could reasonably grow out of the administrative charge.” Id. The reasonable limits of the investigation potentially triggered by an EEOC charge define not only the substantive limits of a subsequent Title VII action, but also the parties potentially liable for any violation found. Id.

Applying this analysis, it appears that Wauters was not sufficiently implicated in Ajaz’ EEOC charge to have reasonably triggered an investigation of his actions by the Commission. Ajaz did not name Wauters as a respondent or mention Wauters in the text of the charge. Instead, Ajaz listed Continental as the employer who discriminated against him and referred to the “airline” as the respondent in his charge. The only individual mentioned in the charge was Rick Finkin, the shift manager, who notified Ajaz of his discharge. Therefore, it is unreasonable to conclude that an EEOC investigation arising out of the charge would focus upon Wauters. Wauters was not provided fair notice of the charges or given an opportunity to participate in the EEOC’s conciliation process. Consequently, Ajaz’ discrimination claims against Wauters cannot stand.

2. Personal Liability under Title VII.

Alternatively, Wauters contends that he cannot be found liable in his individual capacity under Title VII. The Act imposes liability upon employers who violate its provisions. “Employer” is defined as “a person engaged in an industry affecting com[148]*148merce ... and any agent of such a person.” 42 U.S.C. § 2000e(b). In construing the term “any agent,” courts have found immediate supervisors to be employers under the Act when they have been delegated an employer’s traditional rights, such as hiring and firing. Harvey v. Blake, 913 F.2d 226, 227 (5th Cir.1990); Hamilton v. Rodgers, 791 F.2d 439, 443 (5th Cir.1986). Only when the supervisor is acting in an official capacity, however, can he be deemed an “agent” of the employer. Harvey v. Blake, 913 F.2d at 228. Therefore, any recovery against the agent must be in his official, not individual, capacity. Id. The purpose of the “agent” provision in § 2000.e(b) was to incorporate respondeat superior principles into Title VII. Id. The courts have found no reason to stretch liability of individual employees beyond the respondeat superior principles intended by Congress. Grant v. Lone Star Co., 21 F.3d 649, 652 (5th Cir.1994).

With respect to Ajaz’ claim against Wauters in his individual capacity, the Fifth Circuit has made it clear that Title VII does not permit the imposition of such liability. Id. at 653. Indeed, the structure of Title VII indicates that natural persons who are not employers cannot be held liable for equitable damages, such as backpay and reinstatement. Id. Moreover, if Congress had envisioned liability for non-employer natural persons, it undoubtedly would have imposed such liability in the recent amendments to Title VII. Id. There is no indication in Title VII, as amended by the Civil Rights Act of 1991, that Congress intended to impose liability upon individual employees in cases of employment discrimination. Id. Thus, Ajaz’ Title VII claim against Wauters in his individual capacity is without foundation.

B. Negligent Supervision Claim.

In his original Complaint, Ajaz asserts a claim of negligent supervision against Wauters. He claims that Wauters failed to provide adequate and necessary supervision of co-workers and supervisors so that Ajaz would not be subjected to discriminatory treatment and harassment. Ajaz claims that Wauters had knowledge of discriminatory conduct by Ajaz’ fellow employees, yet failed to prevent it. Ajaz further asserts that as a direct and proximate result of Wauters’ negligent supervision, Ajaz suffered and continues to suffer harm.

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Bluebook (online)
156 F.R.D. 145, 1994 WL 321783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ajaz-v-continental-airlines-txsd-1994.