Smiley v. Ala. Dep't of Transp.

• Decision Date: 30 March 2011
• Docket Number: Case No. 2:10–cv–236–MEF.
• Citation: 778 F.Supp.2d 1283
• Parties: Robert C. SMILEY, Plaintiff,v.ALABAMA DEPARTMENT OF TRANSPORTATION, et al., Defendant.
• Court: U.S. District Court — Middle District of Alabama

778 F.Supp.2d 1283

Robert C. SMILEY, Plaintiff,

v.ALABAMA DEPARTMENT OF TRANSPORTATION, et al., Defendant.

Case No. 2:10–cv–236–MEF.

United States District Court, M.D. Alabama, Northern Division.

March 30, 2011.

Fred Jr. David Gray, Gray Langford Sapp McGowan Gray Gray & Nathanson PC, Tuskegee, AL, for Plaintiff.George Robert Prescott, Jr., Gilda Branch Williams, Jimmie Robert Ippolito, Jr., Alabama Dept. of Transportation–Legal Bureau, Montgomery, AL, for Defendant.

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, Chief Judge.

This matter is before the Court on the Defendants' Motion to Dismiss (Doc. # 12) filed on April 7, 2010. Robert C. Smiley (“Smiley”), an employee of the Alabama Department of Transportation (“ALDOT”), brings this suit against his employer and several supervisory or management level employees alleging a variety of wrongs including race discrimination, sex discrimination, and retaliation. The Court has carefully considered the submissions of the parties and the applicable law. For the reasons set forth below, the motion is due to be GRANTED in part and DENIED in part.

JURISDICTION AND VENUE

This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. §§ 1331, 1343(a), and 1367.¹ Additionally, Defendants have not argued that the Court does not have personal jurisdiction over them. Pursuant to 28 U.S.C. § 1391(b),² venue is appropriate in this district.

FACTUAL AND PROCEDURAL BACKGROUND ³

Smiley is an African American male. ALDOT initially hired Smiley as a professional civil engineer trainee while he was in college at Alabama Agricultural and Mechanical University in July of 1994. After he graduated, ALDOT hired him in a full-time position as a Graduate Civil Engineer in May of 1996. While he has continued to be employed in this position since that time, his position title changed from Civil Engineer Graduate.

On August 18, 2008, Theresa Barksdale (“Barksdale”), a Caucasian female, became Smiley's supervisor. Barksdale, in turn reported to William F. Adams (“Adams”). During all times relevant to this lawsuit, Joseph McInnes (“McInnes”) served as Director of ALDOT.

Within eight weeks of the date when Smiley began working under Barksdale's supervision, Smiley began to experience problems with Barksdale. He contends that she placed requirements and restrictions on him that she did not place on similarly situated Caucasian employees; that she refused to coach and have informal communication with him as set forth in the State of Alabama Performance Appraisal Manual, and that she gave him unwarranted citations and disciplinary action. In Smiley's view, Barksdale was subjecting him to harassment and belittling him. The problems between Barksdale and Smiley continued throughout the entire time that Barksdale supervised Smiley.

Barksdale required Smiley to request permission to go to the men's room. If he received permission, he had to sign out on a board that all individuals in his section could see. This board would reflect his name, time out, time returned, and the destination. Other employees did not have to sign in and out on the board to use the restroom. On one occasion a supervisor named Cliff Massey (“Massey”), stood outside of a men's room after Smiley received permission to use the men's room and then Massey followed Smiley back to the section. Barksdale instructed Smiley in writing that he could not get ice from the ice machine during work hours, except on break time. Barksdale required Smiley to ask permission to get a drink from the water fountain just feet from his work area.

Smiley submitted written rebuttals when he learned of counseling or disciplinary actions against him. Smiley contends that the written warnings Barksdale issued were unwarranted and merely intended to harass him. On January 9, 2009, Smiley requested a transfer from the supervision of Barksdale. The request was not granted. On February 19, 2009, Smiley wrote to the Equal Employment Opportunity Commission (“EEOC”) and complained of discriminatory actions against him.

On March 18, 2009, Barksdale required Smiley to sign a release form with each doctor from which he would be supplying or had previously supplied medical excuses. She also required Smiley to answer direct questions regarding his attendance at a doctor's office. Barksdale required Smiley to respond under penalty of termination of his employment or other adverse disciplinary action. Cliff Massey, one of Barksdale's supervisors, supported her in this endeavor.

On May 4, 2009, Smiley submitted his second transfer request. In this request, he explained that he had suffered harassment, discrimination, and invasions of his privacy at the hands of Barksdale. His request was ignored.

On May 18, 2009, Smiley filed a Charge of Discrimination with the EEOC. In this Charge, Smiley explained that he had suffered discrimination on the basis of his race and his sex. On May 20, 2009, Smiley submitted a third transfer request., citing examples of events creating a hostile work environment under Barksdale's supervision. ALDOT refused to grant Smiley's request.

In June of 2009, Barksdale continued to punish Smiley. She placed conditions on his employment which were not placed on other similarly situated employees. She gave him unwarranted reprimands. Smiley felt that Barksdale was trying to push him out of his employment. Smiley continually complained of discrimination and harassment, but ALDOT did nothing to stop Barksdale or to transfer Smiley. Smiley's health deteriorated. On June 16, 2009, one of Smiley's doctors recommended that Barksdale make Smiley's work environment more structured and less stressful. Barksdale disregarded this recommendation and continued to harass, intimidate, and discriminate against Smiley.

On August 25, 2009, Smiley filed a complaint with ALDOT alleging continuous race based harassment and discrimination. He accused Barksdale of failing to follow the State of Alabama Performance Appraisal Manual. He complained of being forced to complete the medical release authorizations. He explained that he had been falsely accused of violating work rules and that he had been not been given adequate supervision. He revealed that he had been forced to seek permission to use the restroom or water fountain and that he had been prohibited from getting ice from the ice machine during work hours. ALDOT took no action on this complaint.

On October 6, 2009, Smiley filed a second complaint with ALDOT alleging race based harassment and discrimination. He complained that he had been the victim of a supervisor's “falsifying documentation to carry out an agenda.” Compl. at ¶ 23. On October 19, 2009, ALDOT gave Smiley a Proposed Suspension Notice, which stated that his suspension was proposed for “violating rules of conduct.” Smiley requested a hearing. At the hearing, the hearing officer recommended that the charge letter be reissued stating in detail the facts that formed the basis for the charge and the specific rule or policy violations alleged.⁴ ALDOT took no action on this complaint.

On December 14, 2009, the EEOC issued Smiley a Right to Sue Letter. On that same date, ALDOT sent a new Proposed Suspension Notice for the same conduct on which Smiley's suspension had previously been recommended. On January 27, 2010, another hearing was conducted. Smiley objected to this hearing and claims that this second hearing violated his rights. Adams recommended suspension. On February 4, 2010, ALDOT suspended Smiley. On March 15, 2010, Smiley filed this lawsuit.

LEGAL STANDARD

A Rule 12(b)(6) motion tests the legal sufficiency of the complaint. Prior to the Supreme Court's decision in Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), a motion to dismiss could only be granted if a plaintiff could prove “no set of facts ... which would entitle him to relief.” See Conley v. Gibson, 355 U.S. 41, 45–46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); see also Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984); Wright v. Newsome, 795 F.2d 964, 967 (11th Cir.1986). Now, “[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)); Sinaltrainal v. Coca–Cola Co., 578 F.3d 1252, 1268 (11th Cir.2009). A complaint states a facially plausible claim for relief “when the plaintiff pleads factual content that allows the court to draw a reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. 662, 129 S.Ct. at 1949. A complaint does not state a facially plausible claim for relief if it shows only “a sheer possibility that the defendant acted unlawfully.” Id. While a complaint need not contain detailed factual allegations to survive a motion pursuant to Federal Rule of Civil Procedure 12(b)(6), “[a] pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do.” Id. (quotation marks and citations omitted). Absent the necessary factual allegations, “unadorned, the-defendant-unlawfully-harmed-me accusation[s]” will not suffice. Id. In considering a defendant's motion to dismiss, a district court will accept as true all well-pleaded factual allegations and view them in a light most favorable to the plaintiff. See Am. United Life Ins. Co. v. Martinez, 480 F.3d 1043, 1057 (11th Cir.2007). Accord, Nelson v. Campbell, 541 U.S. 637, 640, 124 S.Ct. 2117, 158 L.Ed.2d 924 (2004) (where a court is considering dismissal of a complaint at the pleading stage, it must assume the allegations of the complaint are true).

DISCUSSION

I. Claims Pursuant To Federal LawA. Arguments Addressed To Title VII Claims

1. Administrative Prerequisites To Suit Pursuant To ...