Baiden-Adams v. Forsythe Transportation, Inc.

969 F. Supp. 2d 422, 2013 WL 4759052, 2013 U.S. Dist. LEXIS 126483
CourtDistrict Court, E.D. Virginia
DecidedSeptember 4, 2013
DocketNo. 1:13cv272 (JCC/IDD)
StatusPublished
Cited by4 cases

This text of 969 F. Supp. 2d 422 (Baiden-Adams v. Forsythe Transportation, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baiden-Adams v. Forsythe Transportation, Inc., 969 F. Supp. 2d 422, 2013 WL 4759052, 2013 U.S. Dist. LEXIS 126483 (E.D. Va. 2013).

Opinion

MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

This matter is before the Court on Defendant Forsythe Transportation’s (“Defendant” or “Forsythe Transportation”) Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim for Relief (“Motion”). [Dkt. 11.] For the following reasons the Court will grant Defendant’s Motion to Dismiss.

I. Background

This case arises out of an alleged instance of sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (2000).

A. Factual Background

Forsythe Transportation is a Delaware corporation that provides transportation services under a contract with Arlington County. (Compl. ¶ 2.) The transportation system operated by Forsythe Transportation is known as Arlington Rapid Transit (“ART”). (Compl. ¶2.) Plaintiff, Paulette Baiden-Adams (“Plaintiff’ or “BaidenAdams”) was employed by Forsythe Transportation as a training supervisor at the ART facility located at 2900 Jefferson Davis Highway, Arlington, Virginia. (Compl. ¶ 7, 9.)

Plaintiff alleges that beginning in 2010, she and other similarly situated women were subjected to “unwelcome sexual comments and touching” by ART facility managers. (Compl. ¶ 7.) Specifically, she alleges that two managers — Operations Manager Abdul Sanusi (“Sanusi”) and Supervisor Wilbeck Adomako (“Adomako”)— engaged in harassing behavior.1 (Compl. ¶ 8.) Plaintiff avers that she worked under the direct supervision of both managers. (Compl. ¶8.) Plaintiff alleges that both Adomako and Sanusi would “regularly, at times daily, make inappropriate sexual comments to Ms. Adams and other similarly situated women.” (Compl. ¶ 8.) Additionally, Plaintiff alleges that Adomako would “routinely pinch and caress Ms. Adams on her arms” and rub her shoulders in an unwanted manner. (Compl. ¶ 8.) Plaintiff alleges that she protested this treatment to Union shop stewards to no avail. (Compl. ¶ 8.)

[425]*425Plaintiff also alleges that she “began to warn and counsel new female employees” to avoid Sanusi and Adomako because of their behavior. (Compl. ¶ 9.) Plaintiff was terminated on September 17, 2010. (Compl. ¶ 9.) She alleges that her termination came in “response to her efforts to protect female drivers from this sexual harassment.” (Compl. ¶ 9.) She further alleges that Forsythe’s purported basis for her termination was the failure to report a “single-vehicle, no-damage accident on September 15, 2010.” (Compl. ¶ 9.) This accident allegedly involved a female driver whom Plaintiff had “counseled about sexual harassment.” (Compl. ¶ 9.)

On November 3, 2010, Plaintiff filed an employment discrimination charge with the Equal Employment Opportunity Commission (“EEOC”). (Mem. Ex. 1. [Dkt. 13-1]) In her EEOC charge Plaintiff named Forsythe Transportation as the organization which discriminated against her. (Mem. Ex. 1.) Plaintiff checked three boxes alleging discrimination based on “race,” “sex” and “retaliation.” (Mem. Ex. 1.) Plaintiffs charge lists the dates that the discrimination took place as between April 1, 2010 and October 9, 2010. (Mem. Ex. 1.) She did not check the box indicating that the discrimination was a continuing action. (Mem. Ex. 1.)

In the description of particulars, Plaintiffs charge states:

On or about June 12, 2009, I was hired by Forsythe Transportation as a Bus Operator. At the time of my employment termination with Forsythe I was a Safety / Training Supervisor.
In early September 2010,1 sent an email to Tom Greufe (Regional Manager) about my pay raise. On September 17, 2010,1 was suspended and replaced by a male. On October 1, 2010, my supervisor Mark Ostertag discharged me.
I believe I have been discriminated against based on my Race (Black) and Sex (Female). I also believe I have been retaliated against, in violation of Title VII of the Civil Rights Act of 1964, as amended.

(Mem. Ex. 1.) On June 9, 2011, Plaintiffs charge was transferred from the EEOC for the Arlington Human Rights Commission (“ARCO”) pursuant to a work-sharing agreement between the two agencies. (Mem. Ex. 2. [Dkt. 13-2]) On August 24, 2011, Plaintiff filed a Complaint of Discrimination in Violation of Chapter 31 of the Arlington County Code with ARCO. (Mem. Ex. 3. [Dkt. 13-3]) Plaintiff’s ARCO charge listed particulars in language nearly identical to that in the EEOC charge. (Mem. Ex. 3.) On July 17, 2012, ARCO issued a letter stating that on March 16, it had determined that “no reasonable grounds exist to sustain the allegations of discrimination set forth in the complaint.” (Mem. Ex. 4. [Dkt. 13-4]) On December 7, 2012 the EEOC issued a dismissal and notice of rights adopting ARCO’s findings of fact with regards to Baiden-Adams’s charge and providing her with notice of her right to sue. (Mem. Ex. 5. [Dkt. 13-5])

On March 29, 2012, Plaintiffs counsel wrote to ARCO requesting a review of determination. (Opp. Ex. 3. [Dkt. 17-3]) Counsel asked for a review of Plaintiffs claims of “gender discrimination, unlawful termination and retaliation” and listed several alleged failings of the ARCO Final Investigative Report. (Opp. Ex. 3.) ARCO scheduled an appeal for Thursday, July 12 at 8:00 p.m. (Opp. Ex. 5. [Dkt. 17-5]) The ARCO appeals process is based on the record and closed to the public. (Opp. Ex. 5.) On July 17, 2012, ARCO issued a letter informing plaintiff that the commission’s determination was upheld. (Opp. Ex. 7. [Dkt. 17-7])

[426]*426B. Procedural Background

On March 1, 2013 Plaintiff filed her Complaint against Defendant Forsythe Transportation. [Dkt. 1.] Defendant filed its answer on June 14, 2013. [Dkt. 5.] On July 25, 2013, Defendant filed its Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim and accompanying memorandum of law. [Dkts. 11-12.] Plaintiff filed her opposition on August 8, 2013. [Dkt. 17.] On August 14, 2013 Plaintiff filed a Notice of New Ruling on Subject Matter Jurisdiction. [Dkt. 18.] On August 14, 2013 Defendant filed its reply. [Dkt. 19.]

Defendant’s Motion to Dismiss is before the Court.

II. Standard of Review

A. Subject Matter Jurisdiction

Pursuant to Rule 12(b)(1), a claim may be dismissed for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). Defendants may attack subject matter jurisdiction in one of two ways. First, defendants may contend that the complaint fails to allege facts upon which subject matter jurisdiction may be based. See Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir.1982); King v. Riverside Reg’l Med. Ctr., 211 F.Supp.2d 779, 780 (E.D.Va.2002). In such instances, all facts alleged in the complaint are presumed to be true. Adams, 697 F.2d at 1219; Virginia v. United States, 926 F.Supp. 537, 540 (E.D.Va.1995).

Alternatively, defendants may argue that the jurisdictional facts alleged in the complaint are untrue. Adams, 697 F.2d at 1219; King, 211 F.Supp.2d at 780.

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Bluebook (online)
969 F. Supp. 2d 422, 2013 WL 4759052, 2013 U.S. Dist. LEXIS 126483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baiden-adams-v-forsythe-transportation-inc-vaed-2013.