Doe v. Merritt Hospitality, LLC

353 F. Supp. 3d 472
CourtDistrict Court, E.D. Louisiana
DecidedDecember 18, 2018
DocketCIVIL ACTION NO. 17-17738
StatusPublished
Cited by7 cases

This text of 353 F. Supp. 3d 472 (Doe v. Merritt Hospitality, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Merritt Hospitality, LLC, 353 F. Supp. 3d 472 (E.D. La. 2018).

Opinion

BARRY W. ASHE, UNITED STATES DISTRICT JUDGE

Before the Court is a motion to dismiss filed by defendant Merritt Hospitality, LLC ("Merritt"),1 to which plaintiff John Doe ("Doe")2 responds in opposition,3 and in further support of which Merritt replies.4 Having considered the parties' memoranda and the applicable law, the Court issues this Order & Reasons.

I. BACKGROUND

This case involves employment discrimination claims. Doe alleges that he was terminated because of a disability and for resisting a supervisor's sexual advances.5 He also alleges that his employer failed to offer a reasonable accommodation for his disability and that he was subjected to a hostile work environment due to sexual harassment.6

On January 4, 2016, Merritt hired Doe to work as a houseman at its Hilton New Orleans/St. Charles Avenue hotel ("the Hilton").7 Doe alleges that from March 15, 2016, to March 30, 2016, the Hilton's human resources manager, Glenford Rigmaiden ("Rigmaiden"), solicited Doe for sexual favors through social media.8 According to Doe, Rigmaiden initiated the conversation not knowing that he was speaking with Doe, and Doe identified himself to Rigmaiden and indicated that he did not want to engage in the conduct.9 Rigmaiden allegedly continued to request sexual favors from Doe over the next few weeks.10

Doe also alleges that he had his prescription HIV medication delivered from *475the pharmacy to the Hilton during his employment, and that he did not tell anyone what was in the boxes, that he is HIV-positive, or that he takes any medication.11 According to Doe, the front-desk employees would usually sign for the packages and then give them to Doe.12 However, on June 22, 2016, the front desk manager, Shawn Metoyer ("Metoyer"), signed for Doe's package and gave it to the Hilton's director, Tonya Davis ("Davis"), who did not give it to Doe and denies having received it.13 Doe claims that a replacement package was sent to the Hilton, received by a front-desk employee, and then retained in Davis' office for about two weeks before Davis gave it to Doe.14 Doe claims that he overheard another employee ask Davis if Doe needed his medication one day in July 2016.15 Doe believes that the employee meant for Doe to hear the comment.16 Around this time and thereafter, Davis inquired about Doe's frequent doctor's appointments and disciplined him for "extremely minor occurrences."17

Doe alleges that he was "on call" for the first time on January 18, 2017, and believed that he did not have to appear for work unless he was called.18 According to Doe, when he reported for work the next day, Davis instructed him to go home and not return until he was contacted by Rigmaiden.19 A week later, Rigmaiden called Doe in for a meeting at which Davis and Rigmaiden terminated Doe for not showing up on January 18, 2017.20

On January 20, 2017, Doe completed an intake questionnaire with the Equal Employment Opportunity Commission ("EEOC").21 Doe indicated on the form that he has a disability and that the basis for his employment discrimination claim was sex and disability.22 Doe described the discrimination as: Rigmaiden's soliciting sexual favors through social media from March 15, 2016, to March 30, 2016; Metoyer's signing for the HIV medication and not giving it to Doe on June 22, 2016; and Davis' terminating him for not calling in on January 18, 2017.23 Doe further explained that he believes the other employees at the Hilton were aware of his HIV-positive status due to the medication incident and that he was terminated because of it.24 Doe stated that the "on call" procedure was not explained to him before he was fired for violating it.25 Doe indicated that he did not ask Merritt for any accommodations because of his disability.26

On March 25, 2017, Doe filed a charge of discrimination with the EEOC in which he indicates that he was discriminated against on the basis of sex and disability beginning on March 15, 2016, and ending on January *47618, 2017.27 Doe explained his claim as follows:

My employment as a Houseman began January 4, 2016. My immediate supervisor was Tonya Davis. On June 22, 2016 a personal package was delivered to my attention to the company address. The package was received/signed for by Shawn Metoyer; however, the package was never located. In January 2017 I was placed in an "on-call" status after returning from leave for a medical issue. I did not understand the "on-call" process and it was not explained to me. On January 18, 2017 my employment was terminated. The company employs more than 15 persons.
The reason for my termination was "no call, no-show". I also believe I was terminated because of my medical condition after R researched my medications.
I believe my termination was a violation of the Americans with Disabilities Act as Amended.28

The EEOC sent Doe a right-to-sue letter on September 28, 2017, indicating that more than 180 days had passed since Doe filed the charge and the EEOC was terminating its processing of it.29

On December 22, 2017, Doe filed this suit.30 In his second amended complaint, Doe alleges that Merritt discriminated against him on the basis of disability in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12112, and Louisiana employment discrimination law ("LEDL"), La. R.S. 23:2301 et seq. , by subjecting him to more severe discipline and terminating him because of his HIV-positive status, and failing to provide a reasonable accommodation for his alleged disability (Counts I & II).31 Doe also alleges claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq. , for a hostile work environment due to sexual harassment and termination in retaliation for refusing Rigmaiden's sexual advances (Counts III & IV).32

II. PENDING MOTION

Merritt filed the instant motion to dismiss arguing that Doe's claims for disparate discipline and failure to accommodate in Counts I and II and sexual harassment and retaliation in Counts III and IV must be dismissed because they are outside the scope of Doe's EEOC charge of discrimination; thus, Doe did not exhaust his administrative remedies as to those claims and cannot bring them in federal court.

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Bluebook (online)
353 F. Supp. 3d 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-merritt-hospitality-llc-laed-2018.