Hilliard v. Parish

991 F. Supp. 2d 769, 2014 WL 68727, 2014 U.S. Dist. LEXIS 2024
CourtDistrict Court, E.D. Louisiana
DecidedJanuary 8, 2014
DocketCivil Action No. 13-171
StatusPublished
Cited by12 cases

This text of 991 F. Supp. 2d 769 (Hilliard v. Parish) 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
Hilliard v. Parish, 991 F. Supp. 2d 769, 2014 WL 68727, 2014 U.S. Dist. LEXIS 2024 (E.D. La. 2014).

Opinion

ORDER AND REASONS

JANE TRICHE MILAZZO, District Judge.

Before the Court are Motions to Dismiss filed by Defendants John Young (R. Doc. 8), Richard Hart (R. Doc. 16) (collectively the “Individual Defendants”), and Jefferson Parish (R. Doc. 7). For the reason stated more fully below, the Motions are GRANTED IN PART. The following claims are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted: (1) Plaintiffs claims under Title VII against the Individual Defendants; (2) Plaintiffs claims for punitive damages against Jefferson Parish for an alleged violation of Title VII; (3) Plaintiffs claims under 42 U.S.C. § 1983; (4) Plaintiffs claims against the Individual Defendants under the Louisiana Employment Discrimination Law (“LEDL”), La. Rev.Stat. § 23:301 et seq.; and (5) Plaintiff’s negligent retention claims.

BACKGROUND

This is an employment discrimination and sexual harassment action filed by Plaintiff Heather Hilliard against Jefferson Parish, Jefferson Parish President John Young (“Young”), and Jefferson Parish Deputy Chief Operating Officer Richard Hart (“Hart”). Plaintiff worked for Jefferson Parish as a senior administrative assistant from December 13, 2010, until May 24, 2012. During the course of her employment, Plaintiff alleges Hart harassed her by using “sexually offensive language and ma[king] vulgar comments.” This harassment allegedly commenced in February 2011 and persisted for several months. Plaintiff complained of Hart’s behavior to Jefferson Parish supervisors from March 2011 to December 2011. In June of that year, Young transferred some of Plaintiff’s job responsibilities to Hart, thereby forcing her to work directly under [771]*771Hart’s supervision. The harassment continued.

Jefferson Parish eventually investigated Plaintiffs complaints. A report was issued on February 10, 2012, which allegedly concluded Hart violated Jefferson Parish policy by engaging in persistent acts of “gender harassment.” Hart resigned two days later.

On March 1, 2012, Plaintiff received her first employment evaluation. The evaluation was deeply critical of her job performance. On March 24, 2012, Jefferson Parish terminated Plaintiffs employment.

On July 20, 2012, Plaintiff filed a charge of discrimination against Jefferson Parish with the Equal Employment Opportunity Commission (“EEOC”). Plaintiff filed the instant law suit on February 26, 2018. Despite alleging that she satisfied all prerequisites for her Title VII claim, it is undisputed that Plaintiff had not received a “right to sue” letter at the time she filed her complaint. In fact, Plaintiff did not receive the letter until December 11, 2018 — several months after Defendants filed the instant Motions.

LEGAL STANDARD

To survive a Rule 12(b)(6) motion to dismiss, a plaintiff must plead enough facts “to state a claim to 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) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 547, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim is “plausible on its face” when the pleaded facts allow the court to “[d]raw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 129 S.Ct. at 1949. A court must accept the complaint’s factual allegations as true and must “draw all reasonable inferences in the plaintiffs favor.” Lormand v. U.S. Unwired, Inc., 565 F.3d 228, 232 (5th Cir.2009). The Court need not, however, accept as true legal conclusions couched as factual allegations. Iqbal, 129 S.Ct. at 1949-50.

To be legally sufficient, a complaint must establish more than a “sheer possibility” that the plaintiffs claims are true. Id. “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action’ ” will not suffice. Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 127 S.Ct. at 1955). Rather, the complaint must contain enough factual allegations to raise a reasonable expectation that discovery will reveal evidence of each element of the plaintiffs’ claim. Lormand, 565 F.3d at 255-57. The Court’s review “is limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint.” Lone Star Fund V (U.S.), L.P. v. Barclays Bank PLC, 594 F.3d 383, 387 (5th Cir.2010).

LAW AND ANALYSIS

Plaintiff has asserted federal claims under Title VII, the Equal Pay Act (“EPA”),1 and Section 1983. She also asserts state law claims for employment discrimination under the LEDL, and negligent retention. The Court addresses each claim separately.

I. Title VII Claims

Defendants argue Plaintiffs Title VII claims are premature, because she had not received a right to sue letter at the time she filed suit. Should the Court disagree, Defendants offers two arguments in the alternative: (1) the Individual Defendants argue that individual employees are not [772]*772subject to liability under Title VII; (2) Jefferson Parish argues that a Plaintiff may not recover punitive damages from apolitical subdivision. The Court first addresses the prematurity argument.

A. Whether Plaintiffs Title VII Claims are Premature

Defendants contend Plaintiff’s Title VII claims are subject to dismissal for failure to exhaust administrative remedies. Plaintiff counters that any procedural default was cured by the issuance of the December 11, 2013, right to sue letter.2 For the following reasons, the Court agrees with Plaintiff.

“Employment discrimination plaintiffs must exhaust administrative remedies before pursuing claims in federal court.” Taylor v. Books A Million, Inc., 296 F.3d 376, 378-79 (5th Cir.2002). A plaintiff meets this requirement if he (1) files a timely charge with the EEOC, and (2) receives a right to sue letter. Id. The question before the Court is whether the exhaustion requirement in Title VII is merely a condition precedent subject to equitable modification, or whether it is jurisdictional, the failure to comply with which mandates dismissal. The answer lies somewhere in the thicket of a particularly thorny intra-circuit split. Compare Pinkard v. Pullman-Standard, a Div. of Pullman, Inc., 678 F.2d 1211, 1215 (5th Cir.1982) (“We hold that receipt of a right-to-sue letter is a condition precedent to a Title VII claim rather than a jurisdictional prerequisite.”), and Julian v. City of Hous., Tex., 314 F.3d 721, 725 n.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
991 F. Supp. 2d 769, 2014 WL 68727, 2014 U.S. Dist. LEXIS 2024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilliard-v-parish-laed-2014.