Barbara McCray v. Housing Authority City of Pittsburgh, et al.

CourtDistrict Court, W.D. Pennsylvania
DecidedNovember 24, 2025
Docket2:24-cv-01364
StatusUnknown

This text of Barbara McCray v. Housing Authority City of Pittsburgh, et al. (Barbara McCray v. Housing Authority City of Pittsburgh, et al.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barbara McCray v. Housing Authority City of Pittsburgh, et al., (W.D. Pa. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

BARBARA MCCRAY, ) ) Case No. 2:24-cv-01364-KT Plaintiff, ) ) Magistrate Judge Kezia O. L. Taylor v. ) ) HOUSING AUTHORITY CITY OF ) PITTSBURGH, et al., ) ECF No. 27 ) Defendants. )

MEMORANDUM OPINION1

Pending before the Court is Defendants’ Motion to Dismiss. ECF No. 27. For the reasons that follow, Defendants’ motion will be granted; however, as Plaintiff will be afforded one final opportunity to amend her complaint, limited to her federal claims of discrimination and retaliation arising from her second EEOC charge of discrimination, and her state law claim of defamation, as described herein, those claims will be dismissed without prejudice. All other claims will be dismissed with prejudice. I. PROCEDURAL BACKGROUND Barbara McCray (“Plaintiff”) initiated the instant pro se employment rights action on September 27, 2024, with the filing of a Motion for Leave to Proceed in forma pauperis and a Complaint. ECF Nos. 1, 1-3. The motion was granted by Order entered on October 11, 2024, see ECF No. 2, and the Complaint was docketed that same day, see ECF No. 3. Defendants waived service, see ECF Nos. 8-11, and filed a Motion to Dismiss and Brief in Support. ECF Nos. 19-20.

1 In accordance with the provisions of 28 U.S.C. § 636(c)(1), the parties have voluntarily consented to have a United States Magistrate Judge conduct proceedings in this case. ECF Nos. 13-16, 30, 33. Therefore, the undersigned has the authority to decide dispositive motions and enter final judgment. Rather than respond to the motion, Plaintiff filed an Amended Complaint on February 24, 2025. See ECF No. 23. Thereafter, on March 10, 2025, Defendants again filed a Motion to Dismiss and Brief in Support.2 ECF Nos. 27-28. Plaintiff has responded to the motion, ECF No. 39, and Defendants have filed a reply, ECF No. 43. Accordingly, the motion is ripe for consideration.3 II. FACTUAL BACKGROUND Plaintiff entered into an employment contract with Defendant Housing Authority City of Pittsburgh (“HACP”) on April 12, 2012. ECF No. 23 ¶ I.4. In April of 2022, Plaintiff requested and apparently received a “reasonable accommodation to work from home due to a disability.” Id. ¶¶ I.5-I.6. See also ECF No. 3-2. Plaintiff alleges that complaints of discrimination and harassment she made against her supervisor, Defendant Hammond, were ignored and resulted in

the termination of her disability accommodation by HACP’s Human Resources Labor Relations Officer, Defendant Wiles, on or about September 8, 2023. Id. ¶¶ I.16-I.17. As a result of the loss of her accommodation as well as an injury sustained during a fire drill at her workplace, Plaintiff used sick leave or Family and Medical Leave Act (“FMLA”) leave for most of the remainder of 2023 and 2024. Id. ¶ I.19; ECF Nos. 3-5–3-9. In November of 2022, Plaintiff was requested by Defendant Hammond to “help process the caseload of a former employee;” however, of the list of 80 cases provided to Plaintiff, only five of the cases had been assigned to the former employee. ECF No. 23 ¶ I.8. Plaintiff processed only

2 The prior motion was dismissed as moot. ECF No. 25. 3 Defendant Binion, who was added by the Amended Complaint and waived service after the present motion was filed, had his Motion for Joinder as to Motion to Dismiss and Brief in Support thereof granted. See ECF Nos. 40-41. Accordingly, all Defendants seek dismissal of the Amended Complaint.

2 the five cases that had been assigned to the former employee, and so advised Defendant Hammond. Id. ¶ I.9. “[W]hen the Plaintiff didn’t process all 80 cases, the Defendant started retaliating against the Plaintiff.” Id. From December 2, 2022 to October of 2023, Plaintiff alleges that she was subjected to a number of disciplinary actions by Defendant Hammond, “which were mostly coupled with false allegations or double standards, when no other employee holding the same job title as the Plaintiff was being reprimanded.” Id. ¶ I.10. This culminated in a meeting with Defendant Wiles, on October 24, 2023, involving an Employee Write-Up issued by Defendant Hammond that “raised 79 allegations against Plaintiff” involving “issues of unanswered emails and phone calls, interim and annual recertifications, and inspection notifications, all of which were not the Plaintiff’s

responsibilities.” Id. ¶ I.20. Plaintiff further alleges that Defendant Hammond “discriminated against the Plaintiff by assigning her more work than other employees holding the same job title,” id. ¶ I.11, and that she was held accountable for her job performance while others in the same classification were not, id. ¶¶ I.11-I.15, I.21. Plaintiff alleges that she reported issues of discrimination, harassment and retaliation by Defendant Hammond to Defendant Wiles, and he failed to protect Plaintiff from such actions. Id. ¶ I.23. Plaintiff also alleges that HACP’s Executive Director, Defendant Binion, “failed to take appropriate action to provide a safe, fair and productive workplace environment.” Id. Accordingly, Plaintiff asserts claims of discrimination under the ADA and Title VII (Count I),

retaliation (Count II), discriminatory workplace harassment under the ADA and Title VII (Count III) and defamation (Count IV). Plaintiff also includes claims designated as “Financial Hardship, Emotional and Physical Distress” (Count V) and Counsel Fees and Expenses (Count VI).

3 Prior to filing her Complaint, Plaintiff filed two Charges of Discrimination with the EEOC. The first, signed on December 14, 2023, was assigned EEOC Case No. 533-2023-01546, and alleged discrimination based on Disability and National Origin, and Retaliation, citing the following particulars: 1. I began my employment with Housing Authority Cit[y] of Pittsburgh on April 12, 2021 as a housing specialist. In July of 2022 I had a disability, so I requested an accommodation to work from home. When I got the accommodation, I was treated differently. I sent a letter to Mr. Caster Binion, about the harassment I faced because Brandon was not responding to my emails. In November or December of 2022 I was asked to help with Shatae’s workload, and I only said OK so I could get overtime. That is when I realized the others had such a light workload compared to myself and a co- worker. We are the only two immigrants. While I have a write up for tenant’s complaining about the turnover, I also have emails from tenant’s that praise my work. Additionally, I recently received a final written warning. 2. When I complained to the Respondent, they did not respond to my concerns. 3. I believe that I was discriminated against due to my national origin (Zambian), and disability, in violation of Title VII of the Civil Rights Act of 1964, as amended, and the Americans with Disabilities Act of 1990, as amended by the Americans with Disabilities Act Amendments Act of 2008, with respect to harassment, retaliation, and reasonable accommodation.

ECF No. 27-1 at 4-5. On April 17, 2024, the EEOC issued a Determination and Notice of Rights on this Charge of Discrimination. ECF No. 27-1 at 7-8. Thereafter, on or about May 14, 2024, Plaintiff filed a Second Charge of Discrimination, which was assigned EEOC Case No. 533-2024-01771. This charge alleged discrimination based on Color, Disability, National Origin and Race, and Retaliation, and contained the following particulars:

4 1. I began my employment with Housing Authority City of Pittsburgh on April 12, 2021, HCV Housing Specialist. I am under the supervision of James Morris, HVC Manager. On November 15, 2023, I was injured at work. I fell into an employee in front of me while evacuating the premises during an emergency fire drill. I suffered a medical issue. I was taken to the Emergency Room.

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