Darby v. Temple University

216 F. Supp. 3d 535, 2016 U.S. Dist. LEXIS 146606, 100 Empl. Prac. Dec. (CCH) 45,668, 2016 WL 6190560
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 24, 2016
DocketCIVIL ACTION NO. 15-4207
StatusPublished
Cited by35 cases

This text of 216 F. Supp. 3d 535 (Darby v. Temple University) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Darby v. Temple University, 216 F. Supp. 3d 535, 2016 U.S. Dist. LEXIS 146606, 100 Empl. Prac. Dec. (CCH) 45,668, 2016 WL 6190560 (E.D. Pa. 2016).

Opinion

MEMORANDUM

O’NEILL, District Judge.

This employment discrimination case revolves around three incidents and Temple University’s responses to them: in the first two .incidents, Muslim employees allegedly victimized plaintiff, Maurice Darby, a Baptist, and defendant did not take action against them. In the third, one of those employees allegedly reported to defendant, Temple University, that plaintiff had threatened him and defendant then fired plaintiff. The issue is whether these factual allegations plausibly make out plaintiffs various claims of employment discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., discrimination and retaliation under the Philadelphia Fair Practices Ordinance (PFPO), Phila. Code, § 9-1101, et seq., and retaliation under the Family and Medical Leave Act. (FMLA), 29 U.S.C. § 2601, et seq. Dkt. No. 10.

I dismissed plaintiffs first complaint-in response to defendant’s motion, Dkt. No. 8, and plaintiff filed an.amended complaint, Dkt. No. 10. Now before me are defendant’s second motion to dismiss, Dkt. No. 11,- and plaintiffs response. Dkt. No. 12. I will grant defendant’s motion in part and dismiss plaintiffs claims of retaliation under Title VII and the PFPO because plaintiff has not added allegations to support these claims. I will deny defendant’s motion in all other respects because I find plaintiff has alleged sufficient facts to plausibly make out his claims of employment discrimination and FMLA retaliation.

BACKGROUND

Plaintiff alleges the following facts in his amended complaint:

Plaintiff, Maurice Darby, worked for defendant Temple University for over twenty-five years, most recently as a housekeeper. Dkt. No. 10 at ¶ 5. He is a Baptist, a fact that he makes public by wearing a cross around his neck, openly talking with his coworkers about his plans to attend church services on Sundays, reading the bible on -his smartphone' during work breaks, listening to gospel music on his headphones while working and attending church services with his former' supervisor’s brother. Id. at ¶ 6-8. Plaintiffs allegations address three incidents involving confrontations with two of his Muslim coworkers.

In the first incident, plaintiff claims his coworker, Charles Wilson, who goes by the Muslim name Raheim, threatened him during a union meeting and “had to be physically restrained.. .from striking [p]laintiff’ by plaintiffs supervisor. Id. at ¶ 11. Defendant took no action against Raheim based on this misconduct. Id. at ¶ 12.

The second incident involves an allegation that another employee inappropriately touched plaintiff in the locker room. David Chesney, who goes by the Muslim name Duwd, “sidled up to [p]laintiff and placed his hand on [pjlaintiffs left buttock” while the two were on break, then “ran out of the locker room laughing.” Id. at ¶¶ 13, 14. Bill Jalbert, a supervisor, witnessed this. Id. at ¶ 13. Plaintiff reported the incident to defendant’s Vice President of Labor [540]*540Relations and to his Union Representative. Id. at ¶¶ 15, 17. He met with Temple’s human resources department a few days later. Temple ultimately closed plaintiffs case without taking action against Chesney. Id. at ¶ 18, 37.

Plaintiff alleges Chesney’s touching caused him serious trauma: he was taken to the emergency room five days after the incident “due to his ongoing mental distress.” Id. at ¶ 16. He was treated for depression, anxiety, insomnia, high blood pressure and heart palpitations. Id. at ¶¶ 20-21. He claims he was eventually diagnosed with Post-Traumatic Stress Disorder and Major Depressive Disorder. Id. at ¶ 29.

As a result of his medical condition, plaintiff received a grant of FMLA leave from March 18, 2014, five days after the incident, until May 1, 2014. Id. at ¶¶ 27. Defendant approved this request on April 17 and then on May 1 approved an extension of his leave until May 20. Id. at ¶¶ 27, 28. Throughout this period, Temple’s human resources employees and plaintiffs supervisor “always questioned” plaintiff about “when he would be returning to work” and occasionally “intimated to [pjlaintiff that his FMLA leave was soon to expire, and he needed to return to work immediately.” Id. at ¶¶ 25, 26. On May 28, plaintiffs doctor recommended an extension of plaintiffs leave until June 8 due to his diagnoses of PTSD and depression. Id. at ¶ 29. On May 29, defendant sent plaintiff a letter terminating his employment. Id. at ¶ 36.

The third incident around which this litigation revolves is defendant’s firing of plaintiff. On May 5, 2014, while he was on FMLA leave, plaintiff ran into Chesney on or near Temple campus. Id. at ¶ 31. Plaintiff “questioned Chesney” about the March 13 locker room incident but Chesney made no response. Id. at ¶¶ 30, 31. Chesney then “falsely claimed to Temple that [pjlaintiff had threatened him.” Id. at ¶¶ 32. On May 9, defendant closed plaintiffs complaint against Chesney. Id. at ¶ 34. It had been open for fifty-four days. Id. at ¶ 33, 34.

On May 20, defendant notified plaintiff that on May 27 it would review Chesney’s complaint against him. Id. at ¶ 35. Defendant then sent plaintiff the May 29th termination letter two days following the review. The letter informed plaintiff that “[h]e had violated the Temple University Rules of Conduct due to threatening behavior or causing disturbance, and harassment or unwelcome behavior.” Id. at ¶ 36. In the two days between the review and plaintiffs receipt of the termination letter, plaintiffs doctor had recommended the extension of his FMLA leave. Id. at ¶29.

STANDARD OF REVIEW

Federal Rule of Civil Procedure 12(b)(6) permits a court to dismiss all or part of an action for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). Typically, “a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations,” though plaintiffs obligation to state the grounds of entitlement to relief “requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). “Factual allegations must be enough to raise a right to relief above the speculative level... on the assumption that all of the allegations in the complaint are true (even if doubtful in fact).” Id. (citations omitted). A well-pleaded complaint may not be dismissed simply because “it strikes a savvy judge that actual proof of those facts is improbable, and that a recovery is very remote and unlikely.” Id. at 556, 127 S.Ct. 1955. However, a complaint must provide “enough fact[s] to raise a reasonable ex[541]*541pectation that discovery will reveal evidence of’ the necessary element. Id. at 556, 127 S.Ct. 1955. The Court of Appeals has made clear that after Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct.

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216 F. Supp. 3d 535, 2016 U.S. Dist. LEXIS 146606, 100 Empl. Prac. Dec. (CCH) 45,668, 2016 WL 6190560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darby-v-temple-university-paed-2016.