Buck v. Modine Manufacturing Company

Opinion

AT LYNCHBURG, VA FILED UNITED STATES DISTRICT COURT 12/2024 LAURA A. AUSTIN, CLERK WESTERN DISTRICT OF VIRGINIA BY: s/ ARLENE LITTLE LYNCHBURG DIVISION DEPUTY CLERK

KELLY BUCK, CASE NO. 6:23-cv-00039 Plaintiff, v. MEMORANDUM OPINION & ORDER MODINE MANUFACTURING COMPANY, JUDGE NORMAN K. Moon Defendant.

Plaintiff Kelly Buck has filed a six-count complaint against Defendant Modine Manufacturing Company, her former employer, alleging discrimination in violation of Title VII and the Virginia Human Rights Act (“WHRA”), Va. Code § 2.2-3900, et seq., and other claims. Modine filed a motion to dismiss one count of the complaint (Count VI), which is a “Bowman claim,” brought pursuant to Virginia common law. Plaintiff has not opposed or otherwise responded to Modine’s motion to dismiss this count. Virginia law provides for a tort claim of wrongful termination in violation of Virginia public policy, describing it as a limited exception to Virginia’s employment-at-will doctrine. Bowman vy. State Bank of Keysville, 331 S.E.2d 797 (Va. 1985). As Modine notes, Plaintiff cited the VHRA as providing the public policy supporting her Bowman claim, 1.e., the public policy that was allegedly violated by Modine’s misconduct. See Compl. 44 126-32. But, as numerous courts in this District and elsewhere have explained, a Bowman claim cannot be predicated upon a violation of VHRA’s public policy. E.g., Lipford v. Eastman Chem. Co., No. 4:23-cv-15, 2023 WL 7027970, at *3 (W.D. Va. Oct. 25, 2023). The VHRA itself provides a private right of action and an administrative scheme to effectuate that right, and a plaintiff “cannot work around

the structure, limitations, and remedies of the VHRA by bringing a related Bowman claim.” Id. (quoting Hairston v. Nilit Am., Inc., 4:23-cv-11, 2023 WL 5447370, at *8 (W.D. Va. Aug. 24, 2023)). For the reasons set forth in these decisions and cited in Modine’s brief, noting Plaintiff's non-opposition, and finding good cause shown, the Court will hereby GRANT Modine’s motion to dismiss Count VI. Dkt. 8. It is so ORDERED. The Clerk of Court is directed to send this Order to all counsel of record. ENTERED this 12th day of January, 2024.

SENIOR Nit iD STATES DISTRICT JUDGE