D.W. v. Radisson Plaza Hotel Rochester

• Citation: 958 F.Supp. 1368
• Decision Date: 12 March 1997
• Docket Number: Civil File No. 3-96-514.
• Parties: D.W., A.K., S.M., T.M., A.R., and C.H., Plaintiffs, v. RADISSON PLAZA HOTEL ROCHESTER; Chafoulias Companies, Inc.; Chafoulias Management Co.; BDG5 Limited Partnership; Maddux Properties, Inc.; Premier Security, Inc.; G.A.C. Corporation; Gus A. Chafoulias and Andrew C. Chafoulias, Defendants.
• Court: U.S. District Court — District of Minnesota

Page 1368

958 F.Supp. 1368

D.W., A.K., S.M., T.M., A.R., and C.H., Plaintiffs, v. RADISSON PLAZA HOTEL ROCHESTER; Chafoulias Companies, Inc.; Chafoulias Management Co.; BDG5 Limited Partnership; Maddux Properties, Inc.; Premier Security, Inc.; G.A.C. Corporation; Gus A. Chafoulias and Andrew C. Chafoulias, Defendants.

Civil File No. 3-96-514.

United States District Court, D. Minnesota, Third Division.

March 12, 1997.

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Lori C. Peterson, Chrystal N. Lifson, Peterson Law Office, Minneapolis, MN, for plaintiffs.

Joel M. Muscoplat, Pustorino Pederson Tilton & Parrington, Minneapolis, MN, Arch Y. Stokes, John R. Hunt, Stokes & Murphy, Atlanta, GA, Robert L. Murphy, Paul F. Sorrentino, Stokes & Murphy, San Diego, CA, for defendants.

MEMORANDUM AND ORDER

MAGNUSON, Chief Judge.

This matter is before the Court upon Defendants' Motion to Dismiss. Based on the record and the arguments of the parties on this matter, the Court determines that Defendants' motion should be granted in part and denied in part.

BACKGROUND

The six Complaints filed against Defendants relate similar factual accounts of alleged sexual harassment and abuse taking place, for the most part, on the premises of the Radisson Plaza Hotel Rochester ("Radisson"), located in Rochester, Minnesota. Since these cases involve common questions of law and fact, the lawsuits were consolidated on October 25, 1996, by order of Magistrate Judge Jonathan Lebedoff. Pursuant to the order of consolidation, Plaintiffs were to file and serve a consolidated Amended Complaint in this matter within twenty days. To date, Plaintiffs have not made this filing.

In general, Plaintiffs claim that Defendants created a hostile work environment, in violation of state and federal law, and that Defendants are liable for various tortious acts allegedly committed by hotel guests and employees. The specific allegations, however, vary from person to person in ways that are pertinent to the disposition of this motion as to each individual Plaintiff. Accordingly, the factual allegations contained in the individual Complaints are summarized below.

Plaintiff D.W. ("D.W.") was employed by Defendants from April 1994 to May 1995 as a concierge at the Radisson. During her employment, D.W. claims that she was subjected to sexual harassment and abuse at the hands of foreign nationals from the United Arab Emirates who were staying at the hotel ("foreign guests"). In her Complaint, D.W. recounts several specific incidents of verbal and physical sexual harassment and abuse initiated by these foreign guests. The attacks allegedly occurred in May 1994, August 1994, and the last incident on May 13, 1995. (See D.W. Compl. ¶¶ 47, 51, 54, 55, 56.) After leaving her employment with the Radisson, D.W. claims that Defendants allowed or aided one foreign guest to find her and to continue harassing her. (See id. ¶ 57.) D.W. maintains that after each attack she informed Radisson managers and supervisors who refused to take action against the perpetrating guests. D.W. further alleges that Defendants allowed, and even encouraged, these foreign guests to commit their illicit and illegal acts against her.

Plaintiff A.K. ("A.K.") was employed by Defendants from April 1993 to May 1995 in the Radisson's Plaza Club, the hotel's lounge. During her employment, A.K. alleges that she was the victim of sexual harassment perpetrated by foreign guests of the hotel. All the alleged acts of harassment took place on hotel premises and occurred in "April of 1995" and "the spring of 1995," with the last incident occurring on May 17, 1995. (See A.K. Compl. ¶¶ 46, 49, 51, 57.) Although she complained to hotel management, A.K. maintains that no action was taken.

Plaintiff S.M. ("S.M.") was never employed by Defendants. She is a nurse who formerly resided in Rochester, Minnesota. On July 18, 1993, S.M. alleges that she was invited to attend a social function at the Radisson by an employee of the hotel. (See S.M. Compl. ¶ 35.) At the event, S.M. met a foreign guest of the hotel who allegedly drugged and raped her in his hotel room. S.M. pursued sexual assault charges against the individual, but Defendant Gus Chafoulias allegedly contacted local police instructing them not to prosecute the perpetrator. In addition, S.M. contends that the Radisson employee who invited her to the social function informed hotel management that S.M. was in danger while the rape was occurring, yet no action was taken to check on her safety.

Plaintiff T.M. ("T.M.") was employed by Defendants from October 1991 to May 1995 at the Radisson. T.M. maintains that several foreign guests sexually harassed her on May 1 and May 11, 1995, while she delivered room service at the hotel. (See T.M. Compl. ¶¶ 52, 53.) T.M. further alleges that two male employees of the Radisson made sexually explicit comments to her, while another male employee harassed a female co-worker and had "pinups" posted in the hotel's storage area. (See id. ¶¶ 56-58.) Defendants allegedly took no action in response to T.M.'s complaints to management.

Plaintiff A.R. ("A.R.") was employed by Defendants from September 1994 to August 1995 in the Radisson's Plaza Club. During her employment, A.R. alleges that she was the victim of sexual harassment perpetrated by foreign guests of the hotel. The alleged acts of harassment occurred at the Radisson, apparently throughout her term of employment. (See A.K. Compl. ¶¶ 46-52, 59.) Although she notified hotel management, A.K. claims that no action was taken.

Plaintiff C.H. ("C.H.") was employed by Defendants from April 1993 to May 1995 as a concierge and later as a supervisor of the Radisson's Plaza Club. C.H. alleges several specific instances of sexual harassment and abuse perpetrated by foreign guests at the hotel, occurring in November 1993, the "fall of 1994," and "the end of August of 1994." (See C.H. Compl. ¶¶ 48, 52, 54.) After taking maternity leave in March 1995, C.H. claims that she continued to be subjected to the hostile work environment at the Radisson. The continued subjection allegedly arose from C.H. fielding calls at home from D.W. and A.R. who relayed their personal accounts of sexual harassment. (See id. ¶¶ 58, 67.) In addition, C.H. claims hotel management called her at home on two occasions regarding the alleged attacks on D.W. (See id. ¶¶ 60-64.) During those conversations management allegedly asked C.H. whether she was going to return to work. (See id.) Finally, C.H. claims that Defendants permitted the foreign guests to kill baby lambs and deposit their bodies in the hotel hallways. (See id. ¶ 71.) Despite repeated reports to management about these alleged occurrences, C.H. maintains that Defendants took no action.

All six Plaintiffs assert a series of broad allegations against Defendants. Generally, the allegations of liability are premised on the contention that Defendants knew about the conduct of the foreign guests, yet took no meaningful action to prevent its recurrence. In particular, Plaintiffs allege that Defendants maintained no system or policy for dealing with sexual discrimination and harassment occurring on the Radisson premises. Moreover, Plaintiffs D.W., T.M., and C.H. allege that Defendants, and their employees and agents, actively participated in the sexual discrimination and harassment.

On June 7, 1996, Plaintiffs filed individual Complaints in federal court. The Complaints contain a litany of claims based on numerous statutes and doctrines. Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendants now bring a motion to dismiss specific counts and parties from Plaintiffs' Complaints. In general, Defendants claim that the pleadings are infirm because Plaintiffs seek to hold Defendants liable for the conduct of third-party guests of the Radisson hotel. Defendants contend that granting its motion will reduce this lawsuit to its essence: a dispute concerning allegations of hostile work environment under Title VII.

DISCUSSION

For the purposes of Defendants' Motion to Dismiss, the Court takes all facts alleged in Plaintiffs' Complaints as true. See Westcott v. Omaha, 901 F.2d 1486, 1488 (8th Cir.1990). Further, the Court must construe the allegations in the Complaints and reasonable inferences arising from the Complaints favorably to Plaintiffs. See Morton v. Becker, 793 F.2d 185, 187 (8th Cir.1986). A motion to dismiss will be granted only if "it appears beyond doubt that the Plaintiff can prove no set of facts which would entitle him to relief." Id.; see Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). The Court reviews the present motion with these standards in mind.

1. Timeliness of Claims Under Title VII and the Minnesota Human Rights Act

Plaintiffs D.W., A.K., T.M., A.R., and C.H., all former Radisson employees, claim that Defendants' conduct violated Title VII and the Minnesota Human Rights Act ("MHRA"). In particular, the five Complaints allege causes of action for sexual harassment under Title VII and the MHRA, as well as sex discrimination, constructive discharge, and retaliation and reprisal under Title VII. Defendants argue that the Title VII and the MHRA claims of D.W., A.K., T.M., and C.H. are time-barred and must be dismissed. In response, Plaintiffs argue that their claims are timely since the alleged acts constitute a continuing violation, part of which fell within the statute of limitations period; or alternatively, the statute of limitations was tolled during the parties' mediation efforts such that the subsequent filings were timely.

To bring a private civil action under Title VII of the Civil Rights Act of 1964, a plaintiff must file a timely Charge of Discrimination with either the Minnesota Department of Human Rights ("MDHR") or the Equal Employment Opportunity Commission ("EEOC"). See E.E.O.C. v. Commercial Office Prods. Co., 486 U.S. 107, 110-12, 108 S.Ct. 1666, 1668-70, 100 L.Ed.2d 96 (1988)...