Coles v. Carilion Clinic

894 F. Supp. 2d 783, 2012 WL 2884917, 2012 U.S. Dist. LEXIS 96868
CourtDistrict Court, W.D. Virginia
DecidedJuly 13, 2012
DocketCivil Action No. 7:11-cv-00555
StatusPublished
Cited by10 cases

This text of 894 F. Supp. 2d 783 (Coles v. Carilion Clinic) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coles v. Carilion Clinic, 894 F. Supp. 2d 783, 2012 WL 2884917, 2012 U.S. Dist. LEXIS 96868 (W.D. Va. 2012).

Opinion

MEMORANDUM OPINION

GLEN E. CONRAD, Chief Judge.

This case involves claims by a black employee against his employers for racial [786]*786harassment and discrimination under federal law and for intentional infliction of emotional distress under state law. The case is presently before the court on the defendants’ motion to dismiss. For the reasons that follow, the court will grant in part and deny in part the motion to dismiss.

I. Factual and procedural background

Vernell E. Coles (Coles or plaintiff), the black plaintiff in this case, resides in Roanoke, Virginia. (Docket No. 1 at ¶ 4.) The defendants, Carilion Clinic and Carilion Medical Center (collectively, Carilion or defendants), are corporations doing business in Virginia. (Id. at ¶¶ 5-6.) Coles began working for Carilion in April 1996 and is currently employed in Carilion’s maintenance department. (Id. at ¶ 8.)

On November 7, 2009, Coles filed a Charge of Discrimination (charge) with the Equal Employment Opportunity Commission (EEOC), advancing allegations of race- and disability-based discrimination and disability-based retaliation. (Docket No. 10-1.) In his EEOC charge, Coles stated that he was assigned more menial tasks (such as “toilet” duties) than other nonblack employees who shared the same .job classification and that, since 2008, he had been denied light duty afforded to white employees with disabilities.1 (Id. at 1.) Coles further alleged that he had been subjected to “verbal racial harassment, i.e., insinuations that [he was] a drug dealer, racist discussions regarding the current U.S. President, and usage of the term ‘nigger.’ ” (Id.) According to Coles, he had made it known that such language offended him. (Id.) Coles also asserted that he had been denied a promotion within the maintenance department. (Id.) On February 14, 2009, Coles met with his supervisor, Ray Penny, to receive a performance evaluation. (Id.) During the meeting, Penny “falsely accused [Coles] of not doing [his] job and stated that [Coles] should seek disability benefits or a transfer.” (Id.) The following day, Penny “verbally harassed [Coles] further about [his] medical restrictions and caused the [Employee Health] Department to send [him] to a doctor for evaluation of [his] impairment.” (Id.) After Coles complained of disability discrimination, Penny escorted Coles into his office on March 5, 2009, and there proceeded to “falsely accuse[ Coles] of having accumulated eight (8) ‘occurrences’ and threatened to terminate [his] employment.” (Id.) Coles concluded his charge by expressing his sentiment that he was being discriminated against and harassed due to his race and disability. (Id. at 2.) Furthermore, he opined that he was accused of accumulating excess “occurrences” in retaliation for complaining of disability discrimination. (Id.)

On November 28, 2011, more than two years after filing the EEOC charge, Coles initiated this civil action. In the complaint, Coles asserts that Carilion maintained a racially hostile work environment and harassed and treated him differently than his nonblack coworkers based on his race. (Docket No. 1 at ¶ 10.) More specifically, Coles alleges that he was frequently referred to by fellow employees as a “nigger” and a drug dealer, subjected to the display of shackles and a noose in the workplace, subjected to references to the Ku Klux Klan and the lynching of a black man, subjected to similar racially derogatory remarks concerning the current President of the United States, denied promotions, and instructed to perform degrading work assignments. (Id. at ¶ 11.) Despite Carilion’s policy providing that the company would promote from [787]*787within its ranks before hiring outside workers, Coles alleges that one manager informed him that he would never advance because he was a “worthless nigger.” (Id.) Another manager stated that Coles obtained his job only “because of the NAACP,” that he was a “lazy nigger,” and that the manager desired to terminate Coles but “could not figure out how to do it.” (Id.) Coles further alleges that one worker claimed to be a member of the Ku Klux Klan and reportedly displayed a Klan belt buckle at work. (Id.) Based on these factual allegations, Coles advances two causes of action in his complaint: first, a claim for race discrimination and retaliation, pursuant to 42 U.S.C. § 1981 (§ 1981) and Title VII of the Civil Eights Act of 1964, 42 U.S.C. §§ 2000e, ef seq. (Title VII); and, second, a claim for intentional infliction of emotional distress (IIED), pursuant to Virginia law.

On March 2, 2012, Carilion filed a motion to dismiss portions of the complaint, pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). (Docket No. 9.) More specifically, Carilion contends that, pursuant to Rule 12(b)(1), the court lacks subject matter jurisdiction over certain aspects of the plaintiffs Title VII racial discrimination and harassment claim, due to a failure to exhaust administrative remedies. Carilion further argues that, pursuant to Rule 12(b)(6), Coles has failed to state a claim upon which relief can be granted with respect to the state law IIED claim. Coles filed his brief in opposition to the motion on March 13, 2012. (Docket No. 11.) Carilion filed its reply brief on March 20, 2012. (Docket No. 12.)

The court heard argument on the motion on June 26, 2012. At the conclusion of the hearing, the court expressed its intention to deny the Rule 12(b)(1) motion with respect to the harassment portion of the Title VII claim and to grant the motion with respect to the retaliation portion of the Title VII claim. Furthermore, the court granted the plaintiff fourteen days in which to amend his complaint with respect to the failure-to-promote portion of the Title VII claim and with respect to the IIED claim. The court granted Carilion ten days from that time in which to renew its motion to dismiss the amended portions of the complaint. The court stated that, after Carilion renewed its motion, the court would decide the motion on the pleadings.

The plaintiff filed an amended complaint on June 27, 2012, abandoning the retaliation claim, but pleading more detailed factual allegations related to the failure-to-promote and IIED claims. (Docket No. 21.) With respect to the plaintiffs failure to promote claim, he alleges in the amended complaint that he is currently employed by Carilion as a Maintenance Technician (Tech) I. (Id. at ¶ 12.) From 300 days prior to the filing of his EEOC charge up to the present time, Coles has performed the duties of a Tech II and Tech III and has also trained other employees in these duties. (Id.) Accordingly, he alleges, he sought a promotion to the positions of Tech II and Tech III and, in fact, was informed by Jamie Graham, his then-supervisor, that he would be promoted. (Id.) However, Coles alleges, Carilion later terminated Graham. (Id.)

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Cite This Page — Counsel Stack

Bluebook (online)
894 F. Supp. 2d 783, 2012 WL 2884917, 2012 U.S. Dist. LEXIS 96868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coles-v-carilion-clinic-vawd-2012.