Bardwell v. Aerotek, Inc.
| Decision Date | 01 June 2018 |
| Docket Number | CIVIL ACTION NO. 1:17-CV-00167-GNS |
| Parties | MARK JEFFERY BARDWELL PLAINTIFF v. AEROTEK, INC., et al. DEFENDANT |
| Court | U.S. District Court — Western District of Kentucky |
This matter is before the Court on Defendants' Motion to Dismiss (DN 10) and Plaintiff's Motion for Reconsideration (DN 16). For the reasons set forth below, Defendants' motion is GRANTED, and Plaintiff's motion is DENIED.1
In an effort to obtain employment at Aerotek, Inc. ("Aerotek), Plaintiff Mark Bardwell ("Plaintiff") met with one of Aerotek's recruiters, Grant Roberts ("Roberts"), for an interview on November 11, 2016. (Compl. 2, DN 1). During that interview, Plaintiff allegedly told Roberts that his criminal record contained a false conviction for assault, but Roberts nonetheless hired him to fulfill a temporary work assignment for one of Aerotek's clients. (Compl. 5). Three days later, Plaintiff arrived for work, but—just before clock-in—"Roberts terminated [his] employment due to the false assault charge." (Compl. 5). Thereafter, Plaintiff filed a charge against Aerotek with the Equal Employment Opportunity Commission ("EEOC"). (See EEOCDocs., DN 7). In it, Plaintiff alleged facts identical to those in the Complaint, but claimed that Aerotek discriminated against him because of his disability. (EEOC Docs. 13). The EEOC investigated Plaintiff's allegations and found no evidence that Aerotek had violated 42 U.S.C. § 2000e—Title VII of the Civil Rights Act of 1964—but nonetheless notified him of his right to sue. (EEOC Docs. 9).
Based on these events, Plaintiff filed suit against Aerotek and Roberts (collectively, "Defendants"). (Compl. 1-2). Though the Complaint is not entirely clear, Plaintiff appears to have alleged that Defendants' decision not to hire—or to terminate—him gives rise to a Title VII claim for retaliation.2 (Compl. 4). He stated as follows: (Compl. 4).
Defendants then moved to dismiss the Complaint. (See Defs.' Mem. Supp. Mot. Dismiss, DN 10-1 [hereinafter Defs.' Mot. Dismiss]). In their motion, Defendants contend that dismissal is appropriate because: (1) Plaintiff failed to raise a retaliation claim before the EEOC, so that he did not exhaust his administrative remedies with respect to that claim and this Court therefore lacks jurisdiction over it; and (2) the Complaint fails to state a claim on which relief can be granted. (Defs.' Mot. Dismiss 3-6). Defendants' motion is ripe for adjudication.
This action arises under the laws of the United States, and this Court has jurisdiction pursuant to 28 U.S.C. § 1331.
As noted, Defendants move to dismiss the Complaint for lack of subject-matter jurisdiction and because it fails to state a claim on which relief can be granted. (Defs.' Mot. Dismiss 3-6). The Court will address each argument in term.
Prior to seeking relief in federal court on a claim of employment discrimination, a Title VII claimant must exhaust his administrative remedies. Dixon v. Ashcroft, 392 F.3d 212, 217 (6th Cir. 2004); Seay v. Tenn. Valley Auth., 340 F. Supp. 2d 844, 848 (E.D. Tenn. 2004) (citations omitted). As a corollary, federal courts lack subject-matter jurisdiction over Title VII claims that have not been "explicitly filed . . . in an EEOC charge or . . . [cannot] reasonably be expected to grow out of the EEOC's investigation of the charge." Seay, 340 F. Supp. 2d at 848.
Penrod filed an EEOC charge against Aerotek, but that charge did not allege a retaliation claim. (See EEOC Docs. 13). Rather, Plaintiff's EEOC charge only contains a claim for disability discrimination. (EEOC Docs. 13). Specifically, his EEOC paperwork states: "I believe I have been discriminated against because of my disability . . . ." (EEOC Docs. 13).
Plaintiff has therefore failed to exhaust his administrative remedies with respect to his retaliation claim. He has not "explicitly filed" an EEOC charge alleging retaliation, and any investigation the EEOC conducted into Plaintiff's disability discrimination claim would not be expected to uncover his retaliation claim because the facts set forth in his EEOC charge do not suggest that he engaged in any conduct—such as challenging a purportedly unlawful employment practice—that might give rise to such a claim. Bray v. Palm Beach Co., 907 F.2d 150, 1990 U.S. App. LEXIS 11020, at *5 (6th Cir. 1990) . As a result, this Court lacks subject-matter jurisdiction over his retaliation claim.
Even assuming that this Court has jurisdiction to consider Plaintiff's retaliation claim, the Complaint must be dismissed because it fails to state a claim on which relief can be granted. A complaint must contain "enough facts to state a claim to relief that is plausible on its face." Traverse Bay Area Intermediate Sch. Dist. v. Mich. Dep't of Educ., 615 F.3d 622, 627 (6th Cir. 2010) (internal quotation marks and citation omitted). When assessing a claim's plausibility, the Court must assume that all factual allegations in the complaint are true and make all reasonable inferences in favor of the non-moving party, but need not assume the truth of legal conclusions. Total Benefits Planning Agency, Inc. v. Anthem Blue Cross & Blue Shield, 552 F.3d 430, 434 (6th Cir. 2008) (citation omitted). Accordingly, a claim is plausible when the complaint "contain[s] direct or inferential allegations respecting all" of the claim's elements. See Commercial Money Ctr., Inc. v. Ill. Union Ins. Co., 508 F.3d 327, 336 (6th Cir. 2007).
Plaintiff alleges that Defendants' decision to terminate (or to not hire) him constitutes retaliation. (Compl. 4). He seemingly contends that Defendants retaliated against him because he told Roberts that he had a false conviction for assault. (Compl. 4).
To state a claim for retaliation, a plaintiff must allege facts showing that: (1) he engaged in protected activity under Title VII; (2) the employer knew of such activity; (3) the employer took a materially adverse employment action; and (4) the employer's adverse action is causally related to his protected activity. See Laster v. City of Kalamazoo, 746 F.3d 714, 730 (6th Cir. 2014) (citations omitted). For purposes of Title VII, a claimant presents facts showing that he engaged in a protected activity when he alleges that he challenged an unlawful employmentpractice. See Yazdian v. ConMed Endoscopic Techs., Inc., 793 F.3d 634, 645 (6th Cir. 2015) ().
Plaintiff's allegations do not state a plausible claim for retaliation. Plaintiff fails to charge that he complained about the legality of any of Defendants' employment practices and, therefore, he has not presented any facts establishing the first essential element of his claim. See Laster, 746 F.3d at 730. Given that Plaintiff has not alleged that he engaged in a protected activity, he certainly has not plausibly alleged that Defendants knew of such activity or that Defendants treated him improperly as a result thereof. Accordingly, Plaintiff has not alleged facts supporting the essential elements of his retaliation claim, and it therefore must be dismissed. See Commercial Money, ...
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