Joshi v. Pub. Consulting Grp.

• Decision Date: 30 November 2022
• Docket Number: Civil Action 22-1848 (FLW)
• Parties: JAYDEVI JOSHI, Plaintiff, v. PUBLIC CONSULTING GROUP, INC., Defendant.
• Court: U.S. District Court — District of New Jersey

JAYDEVI JOSHI, Plaintiff,
v.
PUBLIC CONSULTING GROUP, INC., Defendant.

Civil Action No. 22-1848 (FLW)

United States District Court, D. New Jersey

November 30, 2022

NOT FOR PUBLICATON

OPINION

HON. FREDA L. WOLFSON, U.S. CHIEF DISTRICT JUDGE

Plaintiff Jaydevi Joshi (“Plaintiff”) brought this employment discrimination action against defendant Public Consulting Group (“Defendant” or “PCG”) under Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (“LAD”). Plaintiff alleges that she was subjected to a hostile work environment and religious discrimination while employed at PCG. Presently before the Court is Defendant's Motion to Dismiss Plaintiff's Amended Complaint for failure to state a claim under Fed. R. of Civ. P. 12(b)(6). For the reasons set forth below, Defendant's Motion to Dismiss is DENIED.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

For the purposes of this motion, the Court takes the allegations in the Amended Complaint as true. PCG hired Plaintiff in June 2017 as an Executive Director / Project Manager. (Plaintiff's Amended Complaint (“Am. Compl.”), ¶ 17, ECF No. 8.) During her tenure at PCG, Plaintiff directly reported to Senior Consultant / Project Manager, Heather Gann. (Id. ¶ 18.) Plaintiff alleges that in fall or winter of 2019, Gann discussed her religion, Christianity, with Plaintiff during one-on-one meetings. (Id. ¶ 20.) In one meeting, Gann allegedly told Plaintiff that she was

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involved in her church, taught Sunday school, and did not consume alcohol or curse due to her religious beliefs. (Id. ¶ 23.) Plaintiff understood Gann to be attempting to convert Plaintiff to Christianity. (Id. ¶ 21.) On a second occasion, Plaintiff allegedly disclosed to Gann that she was a practicing Hindu, with the intention to discourage Gann from attempting to convert Plaintiff to Christianity. (Id. ¶¶ 26-27.) Plaintiff allegedly refrained from reporting Gann's conduct at the time out of fear of retaliation. (Id. ¶ 25.)

On April 4, 2020, Gann allegedly sent an email from Gann's personal email account to

Plaintiff's personal email account. (Id. ¶ 29.) Gann attached a letter to the email. In the body of the email, Gann allegedly asked Plaintiff to “consider that [the letter] is coming from a place of concern.” (Id.) The letter stated the following:

As a Christian, I have long studied and been aware of all of the teachings in the Bible, specifically, the book of Revelation

I realize that this is coming from a place of my own beliefs I'm also not trying to push anything on you, but with today's events unfolding before us, I can't help but think about what my Christian faith teaches about the Lord's Second Coming. I understand to even “unpack” this and give it some serious consideration, you have to have some level of faith and spiritual understanding or desires. We haven't talked much about religion, other what your family background is and what Sara's dad believes, and that I teach Sunday School and I know you're aware I'm pretty active in my church

I do want to just ask you a simple question . “Do you know, if you were to die today, where you would spend eternity?”

I realize that's probably coming out of left field, and please don't be offended, I only ask because I've never discussed this with you and I have a burden on my heart to tell you about it. I also know that you CAN have that certainty, AND I care enough about you that I want to ask.

It is possible to know. I know. I accepted Christ as my Savior when I was 14 years old. I haven't lived a perfect life by any means since then, but I do strive to honor Him with my life. I know that my faith

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is real because I have seen God's hand work in my heart and in my life SO many times over the years.

I have been feeling quite convicted about not sharing my faith with you since we've worked together for so long and I would be remiss and not at all what I should be- as someone who cares about you- as someone who believes that each of us will spend eternity in either heaven or hell- if I didn't share/ ask you that question.

The truth is, we will all spend eternity somewhere. I understand that religions and religious views differ, and I'm not trying to push mine on you. But, if you have ever pondered that question, or wondered about life after this, the Bible gives us a very clear path to salvation, and I've included it below. I do hope that you'll take the time to review it....

To get the assurance that heaven will one day be your home, there is a very simple process to follow. All you have to do is:

1. Admit that you're a sinner. We all are! Even our “good works” them Bible tells us, are as “dirty rags” in His sight. The Bible tells us, “. there is none righteous, no, not one.” Romans 3:10 2. Ask God for forgiveness of your sins and believe in your heart that HE is the only way to salvation and eternal life. “For whosoever shall call upon the name of the Lord shall be saved.” Romans 10:13 3. Believe in God's power to save you. We can't save ourselves. “For God so loved the world that He gave his only begotten Son, that whosoever believeth in Him should not perish, but have everlasting life.” - John 3:16 4. Pray and ask Him to come into your heart. It's that easy!! I'm not asking you to start going to church, convert over to any “religion”, or to do anything else. All we have to do is ask Him to save us and he will! The Bible tells us, “Behold, I stand at the door and knock; if any man hear my voice, and open the door, I will come in to him.” - Revelations 3:20..

Consider for a moment the peace that you can have in your life if you KNEW where you would spend eternity!!

Thank you for allowing me to share this with you. Again, I value you and had this burden to share this with you and I trust that you will take this for what it is, a genuine interest in your soul's eternal security.

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(April 4, 2020 Letter.) According to Plaintiff, she understood Gann's letter as an attempt to convert Plaintiff to Christianity, but again, did not immediately report the letter out of fear of retaliation. (Am. Compl., ¶¶ 31, 33.) Following the receipt of Gann's letter, Plaintiff expressed no interest in converting to Christianity. (Id. ¶ 35.) As a result, Plaintiff alleges that Gann immediately began to treat her in a more hostile and dismissive manner than other non-Hindu employees. (Id.) For instance, Plaintiff alleges that as pretext for religious discrimination, Gann began belittling Plaintiff in front of Plaintiff's team, direct reports, and clients; unjustly criticized Plaintiff's performance, including subjecting Plaintiff to disciplinary action; refused to provide Plaintiff with requested support and assistance; and spoke over Plaintiff and did not allow Plaintiff to share her perspective. (Id. ¶ 35.) Plaintiff alleges that she was treated in a more hostile manner than her non-Hindu colleagues for over a year before she was terminated by Gann. According to Plaintiff, she was never subjected to these alleged acts until she refused to convert to Christianity. (Id. ¶¶ 35, 41.)

On April 22, 2021, Plaintiff alleges that Gann and Nancy Dalonzo of Human Resources called Plaintiff to terminate her employment citing “unprofessional behavior.” (Id. ¶¶ 36, 38.) Plaintiff avers that Defendant's stated reason is a pretext for religious discrimination, including Plaintiff's refusal to convert to Christianity. (Id. ¶ 39.) That same day, following her termination, Plaintiff allegedly forwarded Gann's letter to William Mosakowski, Chief Executive Officer at PCG, and Dalonzo. (Id. ¶ 42.) In the email to Mosakowski and Dalonzo, Plaintiff stated that she felt the letter “was religious harassment, yet . . . said nothing as [she] feared the possibility of losing [her] job.” (Id.) Further, Plaintiff averred that “Heather [Gann] ha[d] several times spoken down to [her] in public in front of fellow subordinates, as well as seemingly targeted [her] as seen

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by fellow employees.” (Id.) In response, Plaintiff alleges that she received an email from Dalonzo in which Dalonzo stated that PCG would “handle this matter internally.” (Id. ¶ 43.)

On August 2, 2021, Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”). (See Am. Compl., Ex. A.) In February 2022, the EEOC declined to proceed with the investigation. However, the EEOC made no determination about whether further investigation would establish violations of Title VII and the LAD. (Id. Ex. B.) On April 1, 2022, Plaintiff timely filed a two-count complaint alleging subjection to a hostile work environment and discrimination in violation of Title VII and LAD. In response to an initial motion to dismiss filed by Defendant, Plaintiff filed an Amended Complaint. Now, Defendant moves to dismiss that complaint. (See Defendant's Motion to Dismiss Plaintiff's Amended Complaint (“Mot. to Dismiss”), ECF No. 9.)

II. LEGAL STANDARD

Federal Rule of Civil Procedure 12(b)(6) provides that a court may dismiss a claim “for failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). On a motion to dismiss for failure to state a claim, the moving party “bears the burden of showing that no claim has been presented.” Hedges v. United States, 404 F.3d 744, 750 (3d Cir. 2005) (citing Kehr Packages, Inc. v. Fidelcor, Inc., 926 F.2d 1406, 1409 (3d Cir. 1991)); United Van Lines, LLC v. Lohr Printing, Inc., No. 11-4761, 2012 WL 1072248, at *2 (D.N.J. Mar. 29, 2012).

When reviewing a motion to dismiss for failure to state a claim, courts first separate the factual and legal elements of the claims, and accept all of the well-pleaded facts as true. See Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. 2009). While Federal Rule of Civil Procedure 8(a)(2) does not require that a complaint...