Harper v. Tyco Electronics Corp.

804 F. Supp. 2d 159, 2011 U.S. Dist. LEXIS 39562, 112 Fair Empl. Prac. Cas. (BNA) 173, 2011 WL 1377193
CourtDistrict Court, D. Delaware
DecidedApril 12, 2011
DocketCivil Action No. 11-01
StatusPublished
Cited by2 cases

This text of 804 F. Supp. 2d 159 (Harper v. Tyco Electronics Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harper v. Tyco Electronics Corp., 804 F. Supp. 2d 159, 2011 U.S. Dist. LEXIS 39562, 112 Fair Empl. Prac. Cas. (BNA) 173, 2011 WL 1377193 (D. Del. 2011).

Opinion

MEMORANDUM

BARTLE, Chief Judge.

Valencia Harper, proceeding pro se, filed this action against Tyco Electronics Corporation (“Tyco”) in which she alleges that because of her race she was subjected to a hostile work environment, disparate treatment, and a constructive discharge in violation of 42 U.S.C. § 2000e. Before the court is the motion of Tyco to dismiss the [160]*160complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failing to state a claim upon which relief can be granted.

I.

When deciding a motion to dismiss for failure to state a claim under Rule 12(b)(6), the court accepts as true all factual allegations in the pleading and draws all inferences in the light most favorable to the nonmoving party. Phillips v. Cnty. of Allegheny, 515 F.3d 224, 233 (3d Cir.2008). We then determine whether the pleading at issue “contain[s] sufficient factual matter, accepted as true, to ‘state a claim for relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, --, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim must do more than raise a “ ‘mere possibility of misconduct.’ ” Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir.2009) (quoting Iqbal, 129 S.Ct. at 1950). In deciding a motion to dismiss under Rule 12(b)(6), the court may consider “an undisputedly authentic” document upon which a party explicitly relies in pleading its claims, whether or not the document is attached to the challenged pleading. In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1425-26 (3d Cir.1997) (quoting In re Donald J. Trump Casino Sec. Litig., 7 F.3d 357, 368 (3d Cir.1993)).

In reviewing Harper’s complaint, we are mindful that a pleading “filed pro se is to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (internal quotations and citations omitted). Nevertheless, a pro se litigant’s complaint must still' state a plausible claim. Thakar v. Tan, 372 Fed.Appx. 325, 328 (3d Cir.2010).

II.

The following facts are viewed in the light most favorable to Harper, the non-moving party.

Tyco hired Harper to assist Tyco’s attorneys in preparing filings related to patent applications Tyco was prosecuting. Harper applied and interviewed for a position as a paralegal but learned after she was hired that her official title would be “patent specialist.” Tyco’s human resources department explained to Harper that she could not have the title of paralegal because only employees with a paralegal certificate could be classified in this way. At the time she was hired, Harper had a bachelor of arts degree unrelated to law or paralegal studies. According to the complaint, the other Tyco employees in the same department as Harper who had the title of paralegal possessed either an associate’s degree in paralegal studies or a paralegal certificate. Of the twelve people working in that department, ten were white, one was Hispanic, and one, Harper, was black.1

Harper was assigned to support the work of white attorney Helen Wolstoncroft. Wolstoncroft had duties related to prosecuting Tyco’s patent applications. The complaint alleges that Harper was personally responsible for ensuring that Tyco met prosecution deadlines. The overarching theme of Harper’s complaint is that Wolstoncroft’s dilatory conduct and work habits frustrated Harper’s ability to perform her duties.

[161]*161The exact source of Harper’s tension with Wolstoncroft is unclear, but Harper repeatedly characterizes Wolstoncroft’s treatment as “hostile.” Harper alleges that Wolstoncroft ignored Harper’s email requests to communicate in person about particular assignments rather than by email or in writing. Harper suggests that Wolstoncroft’s written directions were difficult to follow. Wolstoncroft also ignored Harper’s emails concerning files that became lost in Wolstoncroft’s office. Harper avers she “spent several hours every day looking for files and wasting time trying to resolve business demands which required the attention of Helen Wolstoncroft.” While Wolstoncroft allowed Harper to search Wolstoncroft’s office for the files, Wolstoncroft’s “hostile body language, actions and gestures created unpleasant working conditions” during those searches. In February 2008, an electronic document Harper needed was purportedly “sabotaged” because an unknown person deleted a portion of the text. The complaint implies Wolstoncroft was the saboteur. Harper alleges that her interactions with Wolstoncroft became so challenging that on May 22, 2008, Harper suffered a panic attack in the office and subsequently missed five days of work.

Harper’s attempts to involve Tyco management in resolving her differences with Wolstoncroft were unsuccessful. In December 2007, Harper discussed these problems in a meeting with Tyco vice president Driscoll Nina and Harper’s direct supervisor, Marie Brown, who are both white. The exact grievances Harper raised in the December 2007 meeting are not stated. According to the complaint, however, Nina responded to Harper by saying that Wolstoncroft “is under a lot of stress, Valencia everyone likes you.” Nina allegedly responded to Harper’s complaints with a dismissive attitude and body language.

Then, in May 2008, following Harper’s panic attack, Nina suggested Harper consult with human resources manager Angela Mosley. Anita Auten, a white paralegal, told Harper that Mosley’s involvement meant that Tyco’s management is “not going to do anything about how you have been treated. They are basically just waiting for you to move on.” The source of Auten’s authority on the subject is not set forth.

Mosley conducted an investigation of Harper’s grievances. As part of that investigation, Mosley met with Harper on May 30, 2008 and interviewed several Tyco attorneys, including Wolstoncroft, on June 9, 2008. On June 9, Mosley failed to meet with Harper, even though Mosley had told Harper by email three days earlier that the two could meet after Mosley concluded the interviews. During the investigation, Mosley ignored several emails and a phone call from Harper. Tyco allowed Harper to continue working for Wolstoncroft while Mosley investigated Wolstoncroft’s conduct.

Harper is purportedly not the first Tyco employee to struggle in working for Wolstoncroft.

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804 F. Supp. 2d 159, 2011 U.S. Dist. LEXIS 39562, 112 Fair Empl. Prac. Cas. (BNA) 173, 2011 WL 1377193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-tyco-electronics-corp-ded-2011.