Roberts v. U.S. Postmaster General

• Decision Date: 03 December 1996
• Docket Number: No. 3:92 CV 62.,3:92 CV 62.
• Citation: 947 F.Supp. 282
• Parties: Shelly ROBERTS, Plaintiff, v. UNITED STATES POSTMASTER GENERAL, Defendant.
• Court: U.S. District Court — Eastern District of Texas

947 F.Supp. 282

Shelly ROBERTS, Plaintiff, v. UNITED STATES POSTMASTER GENERAL, Defendant.

No. 3:92 CV 62.

United States District Court, E.D. Texas, Paris Division.

December 3, 1996.

Jim Clements, Sherman, TX, for plaintiff.

Steven MacArthur Mason, Asst. U.S. Attorney, U.S. Attorney's Office, Tyler, TX, for defendant.

ORDER

JUSTICE, District Judge.

I. Introduction

Defendant United States Postmaster General ("Postmaster") has moved for partial dismissal and summary judgment in the above-entitled and numbered civil action. For the following reasons, it is found that the motion should be granted in part and denied in part.

II. Background

This action is brought by Shelly Roberts against her former employer, the United States Postmaster, for sexual harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. Roberts began working with the United States Postal Service in McKinney, Texas, in May 1987. In 1987, she gave birth to a premature child with numerous medical complications. Roberts asserts that the Postal Service allowed her to use her sick days to attend to the medical needs of her child. In 1988, however, the new Postmaster for McKinney, Texas, Ken Holland, would no longer allow Roberts to utilize her accumulated sick leave to attend to the medical needs of family members. Furthermore, Roberts claims that Holland "engaged in repeated unwelcome sexual advances toward" Roberts, which Roberts refused, and that after she refused these advances, Holland modified Roberts' regular schedule, thereby forcing her to work "erratic hours." Finally, Roberts claims she was forced to resign from her employment on September 2.

Roberts raises the following claims, pursuant to Title VII: (1) constructive discharge; (2) sexual harassment; (3) subjection to a hostile working environment; and (4) implementation of policies with an adverse impact on female employees. Roberts has withdrawn her state law claims in addition to her attorney's fees claims. See Order, Dec. 21, 1994. Moreover, her claims against the Postal Service were dismissed on the ground that the court does not have jurisdiction over the Postal Service as to Title VII claims. Order, Feb. 8, 1993.

The Postmaster's motion seeks dismissal or summary judgment of all four of Roberts' claims. First, the Postmaster argues that Roberts has failed to exhaust her constructive discharge claim. Second, the court has no jurisdiction over Roberts' sexual harassment and hostile working environment claims by reason of the fact that she is not seeking reinstatement. Third, Roberts has failed to allege facts to support her adverse impact claim. Each of these arguments will be addressed in turn.

III. Legal Standards

A. Motion to Dismiss

Rule 12(b)(6) of the Federal Rules of Civil Procedure authorizes the court to dismiss a claim on the basis of dispositive law. Neitzke v. Williams, 490 U.S. 319, 326, 109 S.Ct. 1827, 1832, 104 L.Ed.2d 338 (1989). The motion to dismiss for failure to state a claim is viewed with disfavor, and is rarely granted. Kaiser Aluminum & Chem. Sales, Inc. v. Avondale Shipyards, Inc., 677 F.2d 1045, 1050 (5th Cir.1982), cert. denied, 459 U.S. 1105, 103 S.Ct. 729, 74 L.Ed.2d 953 (1983). In reviewing a 12(b)(6) motion, the court must accept as true all material allegations in the complaint, as well as reasonable inferences to be drawn from them. O'Quinn v. Manuel, 773 F.2d 605, 608 (5th Cir.1985). Rule 12(b)(6) does not countenance dismissals based on disbelief of a complaint's factual allegations. Neitzke, 490 U.S. at 327, 109 S.Ct. at 1832. However, "[c]onclusory allegations and unwarranted deductions of fact are not admitted as true." Associated Builders, Inc. v. Alabama Power Co., 505 F.2d 97, 100 (5th Cir.1974) (citing Ward v. Hudnell, 366 F.2d 247 (5th Cir.1966)).

B. Summary Judgment

Summary judgment is proper under Fed. R.Civ.P. 56(c), "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The substantive law underlying the claims in issue identifies which facts are material. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). When assessing a motion for summary judgment, the court must make all factual inferences in favor of the party opposing the motion. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Hansen v. Continental Ins. Co., 940 F.2d 971, 975 (5th Cir.1991). Nevertheless, neither "`conclusory allegations' nor `unsubstantiated assertions' will satisfy the non-movant's burden." Wallace v. Texas Tech Univ., 80 F.3d 1042, 1047 (5th Cir.1996) (quoting Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc)). Summary judgment, on occasion, allows the court to dispose entirely of one or more claims within the case. However, a court may also grant partial summary judgment by identifying any undisputed issues of material fact. Such facts are then deemed established for trial. Fed.R.Civ.P. 56(d); see Belinsky v. Twentieth Restaurant, Inc., 207 F.Supp. 412 (S.D.N.Y.1962).

IV. Analysis

A. Exhaustion of Administrative Remedies

The Postmaster asks for summary judgment on Roberts' constructive discharge claim, on the ground that Roberts has not exhausted her administrative remedies. It is well settled that courts have no jurisdiction to consider Title VII claims in instances where the aggrieved party has not exhausted administrative remedies. National Ass'n of Gov't. Employees v. City Pub. Serv. Bd. of San Antonio, Tex., 40 F.3d 698, 711 (5th Cir.1994). Title VII requires employees to lodge initial complaints of discrimination with the employing agency within forty-five days of the alleged discriminatory event. 29 C.F.R. § 1614.105(a)(1) (1996). After a final agency decision is rendered, the employee may appeal to the EEOC. Id. at § 1614.106. Where misconduct by an EEO officer causes the employee's failure to comply with the EEO guidelines, the court may toll the time limits under established principles of equity. See Wilson v. Secretary, Dept. of Veterans Affairs, 65 F.3d 402, 404 (5th Cir.1995) (listing the three central bases for tolling Title VII's administrative exhaustion requirements) (citing Chappell v. Emco Mach. Works Co., 601 F.2d 1295, 1302-03 (5th Cir. 1979)); 29 C.F.R. § 1614.604(c). The complaining party bears the burden of establishing the application of an equitable tolling principle. Wilson, 65 F.3d at 404.

The permissible scope of a complaint under Title VII is limited to the scope of the EEOC investigation reasonably expected to grow out of the charge of discrimination. Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir.1970). The Fifth Circuit more recently reaffirmed this rule, holding that "a judicial complaint filed pursuant to Title VII may encompass any kind of discrimination like or related to allegations contained in the charge and growing out of such allegation...." National Ass'n of Gov't. Employees, 40 F.3d at 711 (internal quotations omitted).

The issue of exhaustion was raised by a previous summary judgment motion of the defendant. See Order, Feb. 8, 1993. The defendant argued that the plaintiff's suit should be dismissed by reason of her failure to exhaust her administrative remedies. As discussed in this previous order, Roberts alleges that she complained of sexual harassment and discrimination prior to her resignation with Franklin Banks, the Equal Employment Opportunity ("EEO") complaints processor for the Postal Service's Dallas division. Banks allegedly coerced her into dropping her claim, and threatened retaliation at work if she did not. See Plaintiff's Response to Defendant's Motion to Dismiss or Alternatively for Summary Judgment, Affidavit of Shelly Roberts, Exh. A. According to Roberts, after her meeting with Banks, Roberts was constructively terminated on September 2, and, in reliance on Banks' statements, Roberts did not refile her EEO complaint. Id. In her response to the defendant's motion, Roberts also attached a letter sent to the EEOC on her behalf, which sets forth the above events. Id. at Exh. B. In his reply, the defendant submitted the affidavit of Banks, which disputes these allegations.

The court, upon consideration of this evidence, held that whether or not Roberts exhausted her administrative remedies raises a genuine issue for trial. Accordingly, the court denied the defendant's motion. Order, Feb. 8, 1993. In an order issued July 20, 1994, it was found that Roberts' Title VII claims must be tried to the court. See Order, July 20, 1994; see also Landgraf v. USI Film Products, 511 U.S. 244, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994). The court also refused to revisit the exhaustion issue, holding that it remains a genuine issue for trial, regardless of the fact that the issue will now be tried to the court rather than to a jury.

In his second summary judgment motion, the defendant again argues that Roberts' claims should be dismissed for failure to exhaust her administrative remedies. In this second motion, the defendant focuses specifically on Roberts' constructive discharge claim, arguing that her alleged July 23, 1991, meeting with EEO Counselor Banks occurred prior to her date of resignation, and therefore, her resignation could not have been discussed in this meeting and she could not have exhausted her constructive discharge claim. In support of his motion, the defendant attaches a deposition of Roberts in which she states that she did not seek to file a complaint of discrimination with the EEO concerning her resignation from the Post Office.

Even though the defendant, in his present motion, focuses on Roberts'...