Strothers v. City of Laurel

118 F. Supp. 3d 852, 2015 U.S. Dist. LEXIS 97974, 2015 WL 4578051
CourtDistrict Court, D. Maryland
DecidedJuly 27, 2015
DocketCase No. PWG-14-3594
StatusPublished
Cited by12 cases

This text of 118 F. Supp. 3d 852 (Strothers v. City of Laurel) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strothers v. City of Laurel, 118 F. Supp. 3d 852, 2015 U.S. Dist. LEXIS 97974, 2015 WL 4578051 (D. Md. 2015).

Opinion

MEMORANDUM OPINION

PAUL W. GRIMM, District Judge.

Plaintiff has brought this pro se discrimination and retaliation case against her former employer following termination during her initial six-month probationary period. Although Plaintiff purportedly was terminated because of repeated lateness and poor performance, she alleges that the actual reason for her termination was racial animus and/or retaliation for her complaints of harassment.. Defendant has moved to dismiss or -for summary judgment, arguing that Plaintiff filed her case more than ninety days after her right-to-sue letter was delivered, that she has not stated a prima facie case for discrimination, and that generalized complaints ' of harassment do not constitute protected activity for the purposes of retaliation claim. I find that the complaint was timely filed within ninety days of Plaintiffs receipt of the right-to-sue letter and complaints of harassment should have been understood to constitute racial harassment by her employer. However, I agree with Defendant that Plaintiff has not .stated a prima facie discrimination claim. Accordingly, I grant the motion in part and deny it in part.

1. BACKGROUND

For the purposes of considering Defendant’s motion, I accept the facts that Plaintiff has alleged in her Complaint, ECF No. 2, as true. See Aziz v. Alcolac, 658 F.3d 388, 390 (4th Cir.2011). Plaintiff Felicia Strothers is a minority woman over forty. Compl. ¶ 9. On October 7, 2013, Defendant City of Laurel, Md. (the “City”) hired her as an Administrative Assistant II in its Department of Communications. Id. ¶ 1.

As a new employee, Strothers was placed on a six-month probationary period. Id. ¶ 2 During that time, she alleges that she experienced “daily harassment” at the hands of her supervisor, Carreen Koubek. Id. ¶7. Although the Complaint itself is sparse on details, Strothers has provided exhibits that detail some of the criticisms leveled at her by Koubek and resulting exchanges ' between them. See Fed. R.Civ.P. 10(c) (“A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.”).1 [857]*857The principal dispute between Strothers and Koubek appears to center on Stroth-ers’s arrival time: Strothers believed that she was required to be at work by 9:00 a.m., whereas Koubek maintained .that Strothers needed to clock in by 8:55 a.m. so as to be at her desk and ready to work before nine.

In November 2013, Strothers requested documents from her Human Resources file and learned that Koubek had sent the Director of Communications, Pete Piringer, a memorandum containing a day-by-day summary of purported issues Koubek had with Strothers’s work. Id. ¶ 16. According to those journal entries, Strothers was told to be at work by 8:55 a.m. but repeatedly arrived later than that, though often (but not always) before 9:00 a.m. Koubek Mem., Compl. Ex. 6, ECF No. 13-7. Koubek also describes several interactions with Strothers that Koubek found concerning, id., and noted that Strothers was unfamiliar with software that she had implied she could use during her interview, id. at 5. Strothers-alleges that the memorandum was placed in her file “without [her] knowledge,” Compl. ¶ 16, though she does not allege that Koubek-was obligated to inform her of the memorandum. On December 13, 2013, Strothérs sent Piringer an apparently unsolicited five-page memorandum responding to the Koubek Memorandum. Resp. to Koubek Mem., Compl. Ex. 7, ECF No. 13-8. In her response, Strothers stated, “Had I not submitted this request [to Human Resources], I would not have known of such documentation. As a result, I’m obligated to respond to the accusations.” Id. at 1. She then responded to each item in the' Koubek ’Memorandum, but did not dispute the arrival times recorded by Koubek. See Resp. to Koubek Mem. She concluded with, “It is very disappointing to be under such scrutiny from the very beginning despite trying to keep the lines of communication open. It is also very disappointing to know that such documentation can be placed in an employee’s file without them knowing.” Id. at 5.

On January 6, 2014, Strothers received an evaluation from Koubek rating her “Unsatisfactory” in every category and ovérall and noting that she required excessive guidance and follow-up and was “[consistently late to work.” Performance Evaluation, Compl. Ex. 9. In the section allowing for employee comments, Stroth-ers “note[d] that [she did] not agree with the evaluation of unsatisfactory,” and protested Koubek’s' assertion that she was required to be at work by 8:55 a.m. Id. at 2. Strothers also sent a memorandum to Piringer disputing her evaluation and noting that her position “was ill-defined” and that she had tried to understand and define her position.. Resp. to Evaluation, Compl. Ex. 10, ECF No. 13-11.

On February 26, 2014, Strothers sent a memorandum to Piringer regarding an incident involving Koubek. Casual Friday Mem., Compl. Ex; 12, ECF No. 13-13. According to Strothers, Koubek had confronted her and told'her that her pants were not appropriate for casual Friday because they appeared to be leggings,- although Strothers maintains that they were not. Id. Strothers said that she was “shocked and humiliated” by the experience, and that since she had started working for the City, she “did not feel welcome by Carreen .[Koubek].” Id. at 2. She concluded by saying,-

I’ve been treated as if I’m a Receptionist, not an Administrative Assistant and we have a building receptionist who calls before letting anyone come back to our-office. • Documentation have [sic ] been placed in my file without my knowledge by Carreen, it has been a very uhcom-fortable and hostile environment since day 1. I have had to respond to documentation on more than one occasion. I [858]*858was given a 3-month evaluation without ever being told I would have one. I was given an unsatisfactory after only 3 months in an ill-defined office and position. I did not agree with the evaluation and responded in writing to Pete. It has been difficult to come into work under these circumstances and I’ve been left to feel like I have no say or any rights because I’m on 6-month probation. I have over 20 years office experience, I have a Bachelor’s degree and I have never been through anything like this. I was not told before accepting the job, that Carreen Koubek would be my supervisor, the acceptance letter just stated that on the first day I need to report to Carréen, It wasn’t until after a month or two that she said to me, “Felicia, I am your supervisor.” Pete, when I asked you, you said, “No, you don’t think so.” I had no idea I would have a supervisor, especially one,that does not want me here to begin with. .
In summary, I have tried to make this work and things have not gotten better. I need to be moved, or Carreen no longer my supervisor. The stress and harassment has become unbearable, making it difficult to come into the office.

Id. at 2-3.

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Cite This Page — Counsel Stack

Bluebook (online)
118 F. Supp. 3d 852, 2015 U.S. Dist. LEXIS 97974, 2015 WL 4578051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strothers-v-city-of-laurel-mdd-2015.