PRICE v. DURHAM PUBLIC SCHOOLS

District Court, M.D. North Carolina·Decided February 18, 2025·No. 1:23-cv-01102·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DR. MONICA A. PRICE, ) ) Plaintiff, ) ) v. ) 1:23cv1102 ) DURHAM PUBLIC SCHOOLS, ) ) Defendant. ) MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This case comes before the undersigned United States Magistrate Judge for a recommendation on the “Motion to Dismiss Complaint” (Docket Entry 9)1 (the “Dismissal Motion”) filed by Durham Public Schools (the “Defendant”). For the reasons that follow, the Court (i) should deny the Dismissal Motion and (ii) will deem the “Complaint for a Civil Case” (Docket Entry 1) (the “Complaint”) amended to include the allegations in the response to the Dismissal Motion (Docket Entry 14) (the “Response”). BACKGROUND Alleging violations of “Title VII of the Civil Rights Act of 1964” (“Title VII”), the “Age Discrimination in Employment Act of 1967” (the “ADEA”), and “The Civil Rights Act of 1991” (Docket 1 For legibility reasons, this Opinion omits bold, all-cap, and underscored font in all quotations from the parties’ materials. Entry 1 at 3),2 Dr. Monica A. Price (the “Plaintiff” or “Dr. Price”) sued Defendant, her former employer. (See id. at 1-6.) According to the Complaint: [Plaintiff] began working for [Defendant] on or about September 16, 2022, as a Student Success Coach and Testing Coordinator. Student Success Coach and Testing Coordinator is the most recent position [Plaintiff] held. For the duration of [her] employment, [Plaintiff] feel[s] as though [she] ha[s] been treated less favorably and subjected to different terms and conditions of employment because o[f her] race, Black, and [her] age (54). In or around October, November, and December 2022, [Plaintiff] made several complaints to Human Resources about the discriminatory treatment toward [Plaintiff]. In or around January, February, March, and May of 2023, [Plaintiff] made additional complaints to Human Resources. [Plaintiff] do[es] not believe [her] allegations have been investigated and [Plaintiff] was continually being treated differently. On or about April 24, 2023, [Plaintiff] received a negative review. [Plaintiff] believe[s she] was reviewed negatively in retaliation for [her] aforementioned complaints regarding discrimination. In or around June 2023, [Plaintiff’s] contract was not renewed. [Plaintiff] appealed the decision to not renew [her] contract through the Durham County School Board and the decision was upheld. [Plaintiff] believe[s her] contract was not renewed because of [her] aforementioned complaints, as well as [her] age and race. (Id. at 6.) The Complaint further asserts: The wrongs against . . . Plaintiff[] are continuing until this date being that [Plaintiff] continue[s] to have to report to other educational entities that [her] contract was non-renewed due to [Plaintiff] being accused of being a non-diversity friendly employee. [Plaintiff] was recommended for several positions, but at the point that [a] reference was requested from [Defendant], the employment opportunity was denied. The actual damages on 2 Docket Entry page citations utilize the CM/ECF footer’s pagination. 2 [Plaintiff’s] personal property, pain and suffering, reputation, [sic] are still being accrued and [Plaintiff’s] personal property loss is still of issue. (Id. at 4.) Defendant moved to dismiss the Complaint “pursuant to Rule 12(b) of the Federal Rules of Civil Procedure” (the “Rules”). (Docket Entry 9 at 1.) Per the Dismissal Motion, “Plaintiff has failed to exhaust her administrative remedies and has failed to state any claims upon which relief may be granted. As a result, Plaintiff’s claims should be dismissed pursuant to Rule 12(b)(6).” (Id.) Notably, ignoring the Complaint’s assertions regarding retaliation and violation of the Civil Rights Act of 1991 (see Docket Entry 1 at 3-4, 6), Defendant’s memorandum in support of the Dismissal Motion maintains that “Plaintiff’s Complaint attempts to allege two claims (1) race discrimination in violation of Title VII and (2) age in discrimination in violation of the [ADEA]” (Docket Entry 10 at 1). Defendant accordingly limits its dismissal arguments to Plaintiff’s claims for race and age discrimination under Title VII and the ADEA. (See, e.g., id. at 4- 7 (arguing for dismissal of Plaintiff’s VII and ADEA discrimination claims).) Less than twenty-one days after Defendant filed the Dismissal Motion, Plaintiff filed the Response. (Compare Docket Entry 9 at 2, with Docket Entry 14 at 1.) Addressing the challenged claims, the Response provides significant factual detail in support of 3 Plaintiff’s ADEA and Title VII discrimination claims. (See Docket Entry 14 at 1-7.) For instance, the Response explains “that the prejudicial behavior of [Plaintiff’s] principal Mrs. Crystal Medlin[] interfered with [Plaintiff’s] work and ultimately led to her dismissal” from her remote position at Ignite Online Academy notwithstanding that Plaintiff “is an expert on the digital divide and online learning.” (Id. at 3.) According to the Response, Mrs. Medlin, inter alia, docked Plaintiff’s pay and “presented information to Human Resources to support [Mrs. Medlin’s] efforts to remove Dr. Price from her job,” an act “in congruence with what is believed to be Mrs. Medlin’s overall desire to replace Dr. Price with a Caucasian, female colleague” (id.; see also id. at 5 (discussing said colleague)). (See id. at 3-4.) The Response further asserts that “a warning letter was placed in Dr. Price’s personnel file” (id. at 3) and that Plaintiff remained subject to an “incorrect performance rubric” that “did not seem to correspond with Dr. Price’s duties as Student Success Coach and Testing Coordinator” (id. at 4). Moreover, per the Response, “[s]hortly after Dr. Price had to

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