Oliver v. Titlemax

149 F. Supp. 3d 857, 2016 U.S. Dist. LEXIS 27735, 2016 WL 915186
CourtDistrict Court, E.D. Tennessee
DecidedMarch 4, 2016
DocketNo.: 3:15-CV-190-TAV-CCS
StatusPublished
Cited by9 cases

This text of 149 F. Supp. 3d 857 (Oliver v. Titlemax) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oliver v. Titlemax, 149 F. Supp. 3d 857, 2016 U.S. Dist. LEXIS 27735, 2016 WL 915186 (E.D. Tenn. 2016).

Opinion

memorandum: opinion AND ORDER

Thomas A. Varían, CHIEF UNITED STATES DISTRICT JUDGE

This civil action is before the Court on Defendant’s Partial Motion to Dismiss [Doc. 4]. Titlemax of Tennessee, Inc. moves the Court to dismiss for failing to state a claim plaintiffs claims for: failure to accommodate under the Tennessee Disability Act (“TDA”), Tenn. Code Ann. § 8-50-103; discriminatory discharge under the Americans with Disabilities Act (“ADA”) and the TDA; hostile work environment under the ADA and TDA; retaliation under the ADA; and race discrimination under Title VII of the Civil Rights' Act of 1964 (“Title VII”).1 Plaintiff has responded in opposition to the partial motion to dismiss [Doc. 10], and defendant has replied [Doc. 13].2 For the reasons set forth below, the Court' will grant in part and deny in part defendant’s partial motion to dismiss as to those claims.

I. Background3

Plaintiff Pamela Oliver, a former employee at defendant Titlemax of Tennessee, Inc., was diagnosed at a young age with asthma, but her condition was “generally under control as long as conditions were conducive” [Doc. 1 ¶¶ 4, 5]. She submits that, prior to being employed by defendant, she had not experienced an asthma attack “in some years” [Id.].

When the air conditioning at defendant’s Magnolia Avenue location “was in disrepair for nearly two months,” plaintiff informed her then-manager Christopher [861]*861Clark of her asthma condition [Id.. ¶¶ 6, 7]. Plaintiff states that she also informed her manager Demarius McMillan of her phobia of driving on the interstate, and that defendant was generally aware .of her “difficulties from ADHD and anxiety” [Id. ¶¶ 5, 8]. After informing defendant of her conditions, on certain days with extreme weathr er — hot or cold — defendant would accommodate plaintiff by assigning her to work at .a different branch [Id. ¶¶ 6, 7]. Plaintiff also was accommodated when defendant’s office was being remodeled and plaintiff was bothered by the fumes, dust, and debris [Id. ¶ 9].

On January 23, 2014, Marty Stapleton, a manager at one of defendant’s branches, assigned plaintiff to perform an inventory on an automobile outside that had been repossessed [Id. ¶ 10]. Plaintiff informed Mr. Stapleton of her asthma condition, and requested an accommodation, as ■ the weather was particularly cold that day [Id.]. Despite this, Mr. Stapleton “insisted that [p]laintiff perform this assignment” [Id.]. Plaintiff performed the inventory search in order to prevent her job from being “placed in jeopardy” [Id, ¶ 11]. After completing the assignment, plaintiff “was gasping for air,” and attempted to use her asthma inhaler [Id. ¶ 12]. She continued “coughing and wheezing” until she “collapsed onto the floor and passed out,” and was taken to the hospital 'and treated for her asthma attack [Id.]. Evén though her symptoms- persisted, plaintiff returned to work the following day out of fear of retaliation from Mr. Stapleton [Id. ¶ 13]. Plaintiff saw her primary physician the following week, but eventually had to take leave under the -Family Medical Leave Act (“FMLA”) as a result' of her .continuing asthma and anxiety attacks [Id. ¶ 14], Defendant terminated ' plaintiff when her leave expired and she was unable to return to work tinder normal-conditions [Id.].

Thereafter, plaintiff filed a Charge of Discrimination (“original charge”) with the Equal Empl'óymefit Opportunities Commission '(“EEOC”). Plaintiffs original charge was filed on April 3, 2014 [Doc. 5-1], but plaintiff filed an amended Charge of Discrimination (“amended charge”) on May 1,2014 [Doc. 13-1].4 Plaintiffs amended charge states:

I am a store manager with the above company. The company employs more than 15 employees.
I have an acute disability and on January 23, 2014, it was very cold outside. I knew that if I go outside that particular day to inspect some of the vehicles, it would cause my- disability to flare up. As a responsible manager, I asked my GM for a reasonable accommodation to not go outside because I knew of the consequences. However, my GM denied my request and [I] had no recourse but to go outside to inspect -these cars.-As a result, I became very'sick and am still ■suffering from going outside that particular day. Also, male managers who have the same responsibility as me are receiving more pay than me.
I believe that I was discriminated against because of hay disability, in violation of the American with Disabilities Act ... of 2008; and the Equal Pay Act of 1963.

[862]*862[Doc. 13-1]. In the section of the charge where plaintiff marked what the discrimination was based on, plaintiff marked the boxes for “disability” and “other,” next to which she specified “equal pay” [Id.].

Plaintiff brought this action within ninety days of receiving a Notice of Right to Sue [Doc. 1 ¶ 1]. Plaintiffs complaint contains the following, claims against defendant: failure to accommodate under the ADA and TDA; discriminatory discharge under the ADA and TDA; hostile work environment under the ADA and TDA; retaliation under the ADA; and race and gender discrimination under Title VII [Id. ¶¶ 15-33; Doc. 5 pp. 2-3].

II. Standard of Review

Rule 8(a)(2) of the Federal Rules of Civil Procedure sets forth a liberal pleading standard. Smith v. City of Salem, 378 F.3d 566, 576 n. 1 (6th Cir.2004). It requires only ‘“a short and plain statement of the claim showing that the pleader is entitled to relief,’ in order to ‘give the defendant fair notice of what the .., claim is and the grounds upon which it rests.’” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (alteration in original) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). Detailed factual allegations are not required, but a party’s “obligation to provide the .‘grounds’ of his ‘entitle[ment], to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (alteration in original) (quoting Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986)). “Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhahcement.’” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (alteration in original) (quoting Twombly, 550 U.S. at 557, 127 S.Ct. 1955)).

In deciding a Rule 12(b)(6) motion to dismiss, the Court must determine whether the complaint contains “enough facts to state a claim to relief that is plausible on its face.” Twombly, 550 U.S.

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Bluebook (online)
149 F. Supp. 3d 857, 2016 U.S. Dist. LEXIS 27735, 2016 WL 915186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-titlemax-tned-2016.