Opinion

Brown v. Advanced Concept Innovations, LLC

Court
District Court, M.D. Florida
Filed
Apr 28, 2020
Cited by
0 cases
Authority
More cited than 19.7%

holding district court did not err in finding that retaliation claim was not precluded where facts alleged could have “reasonably been extended to encompass a claim . . . because they were inextricably intertwined with [plaintiff’s] complaints of race and sex discrimination.”

How later courts described this case

  • holding district court did not err in finding that retaliation claim was not precluded where facts alleged could have “reasonably been extended to encompass a claim . . . because they were inextricably intertwined with [plaintiff’s] complaints of race and sex discrimination.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

TIMETHIA BROWN,

Plaintiff,

v. Case No. 8:19-cv-2888-T-60AAS

ADVANCED CONCEPT

INNOVATIONS, LLC,

Defendant.

________________________________/

ORDER DENYING “DEFENDANT’S PARTIAL MOTION

TO DISMISS COUNTS II – IV OF THE AMENDED

COMPLAINT AND MEMORANDUM IN SUPPORT”

This matter is before the Court on “Defendant’s Partial Motion to Dismiss

Counts II – IV of the Amended Complaint and Memorandum in Support,” filed by

counsel on December 12, 2019. (Doc. 9). On January 7, 2020, Plaintiff Timethia

Brown filed her response in opposition to the motion. (Doc. 19). After reviewing the

motion, response, court file, and the record, the Court finds as follows:

Background

Plaintiff is a former employee of Defendant Advanced Concept Innovations,

LLC. According to Plaintiff, she suffered from ptyalism during a difficult

pregnancy. Plaintiff was terminated on May 14, 2018, after she returned from leave

under the Family and Medical Leave Act (“FMLA”). Plaintiff alleges that her

termination was due to her race, gender, disability, and pregnancy. She has

asserted four claims for relief – disability discrimination under the Florida Civil

Rights Act (Count I), race discrimination under the Florida Civil Rights Act (Count

II), gender discrimination under Title VII (Count III), and pregnancy discrimination

under Title VII, as amended by the Pregnancy Discrimination Act (Count IV).

Analysis

In its motion to dismiss, Defendant argues two grounds for dismissal. First,

Defendant argues that Count IV is untimely. Second, Defendant argues that

Counts II, III, and IV should be barred because Plaintiff failed to exhaust her

administrative remedies as to these claims.

Timeliness

Defendant argues that Count IV should be dismissed because it is untimely.

Specifically, Defendant contends that Plaintiff filed her pregnancy discrimination

claim for the first time in her amended complaint on November 5, 2019 – 200 days

after the EEOC’s dismissal and notice of rights letter. Defendant further asserts

that the claim cannot relate back to the date of the initial complaint because

Defendant was only served with a copy of the amended complaint.

A plaintiff seeking relief under Title VII must file suit within ninety days of

receiving a right-to-sue letter from the Equal Employment Opportunity Commission

(“EEOC”). 42 U.S.C. 2000e–5(f)(1); see, e.g., Curry v. Bank of America, N.A., No.

8:11-cv-1904-T-33MAP, 2012 WL 5989351, at *3 (M.D. Fla. Nov. 29, 2012). “The 90-

day deadline has been strictly enforced by the Eleventh Circuit.” Id. (citing Law v.

Hercules, Inc., 713 F.2d 691, 692 (11th Cir. 1983)). It is undisputed that the

pregnancy discrimination claim was filed more than ninety days after the EEOC

right-to-sue letter.

However, the pregnancy discrimination claim may proceed if it relates back

to the initial complaint. An “amendment to a pleading relates back to the date of

the original pleading when . . . the amendment asserts a claim that arose out of the

conduct, transaction, or occurrence set out--or attempted to be set out--in the

original pleading.” Fed. R. Civ. P. 15(c)(1). Here, the pregnancy discrimination

claim arises out of the same conduct, transaction or occurrence set out in the

original complaint – Plaintiff’s termination following her return from FMLA leave.

See (Doc. 1-1). Although Defendant cites to Giner v. AllStars Ins. Partners, Inc.1 to

support its position, the Court finds that this case is not binding authority and is

distinguishable on the facts. Consequently, the Court finds that Plaintiff’s

pregnancy discrimination claim is timely under Rule 15(c). Defendant’s motion to

dismiss Count IV on this basis is therefore denied.

Exhaustion of Remedies

Defendant additionally argues that Counts II, III, and IV should be dismissed

because Plaintiff has failed to exhaust her administrative remedies. Defendant

generally asserts that the crux of Plaintiff’s EEOC charge was termination due to

her alleged disability – not race, gender, or pregnancy. Defendant argues that the

Court should dismiss these counts due to the failure to include factual support for

these discrimination claims.

1 No. 19-22434-CIV-MORENO, 2019 WL 6130772 (S.D. Fla. Nov. 19, 2019).

The Eleventh Circuit has held that “a ‘plaintiff’s judicial complaint is limited

by the scope of the EEOC investigation which can reasonably be expected to grow

out of the charge of discrimination.’” Gregory v. Georgia Dept. of Human Resources,

355 F.3d 1277, 1280 (11th Cir. 2004) (quoting Alexander v. Fulton County, Ga., 207

F.3d 1303, 1332 (11th Cir. 2000)). However, courts are “extremely reluctant” to

preclude discrimination claims due to procedural technicalities. See id.

In her EEOC charge, Plaintiff checked the boxes indicating that the charge

was based on race, sex, and disability discrimination. See (Doc. 1-1). The content of

the charge itself provides that Plaintiff believes she was terminated due to her

disability, race, and gender. See (id.). Finally, the particulars of the claim include

that Plaintiff was terminated after returning from FMLA leave due to a difficult

pregnancy. See (id.) (emphasis added). It is clear to the Court that a reasonable

EEOC investigation would likely have included investigation into each of these

possible reasons for termination.2 See Gregory, 355 F.3d at 1280 (holding district

court did not err in finding that retaliation claim was not precluded where facts

alleged could have “reasonably been extended to encompass a claim . . . because

they were inextricably intertwined with [plaintiff’s] complaints of race and sex

discrimination.”); see also Ramjit v. Benco Dental Supply Co., No. 6:12-cv-528-Orl-

28DAB, 2013 WL 140238, at *3 (M.D. Fla. Jan. 11, 2013) (concluding that

pregnancy discrimination claim was within the scope of reasonable EEOC

2 The Court additionally notes that “[p]regnancy discrimination is–by statutory definition–a subset

of sex discrimination.” See Ramjit v. Benco Dental Supply Co., No. 6:12-cv-528-Orl-28DAB, 2013 WL

140238, at *3 (M.D. Fla. Jan. 11, 2013) (citing 42 U.S.C. § 2000e(k)).

investigation). As such, the motion to dismiss Counts II, III, IV based on the failure

to exhaust administrative remedies is due to be denied.

It is therefore

ORDERED, ADJUDGED, and DECREED:

(1) “Defendant’s Partial Motion to Dismiss Counts II — IV of the Amended

Complaint and Memorandum in Support” (Doc. 9) is hereby DENIED.

(2) Defendant is directed to file an answer on or before May 19, 2020. In the

interest of judicial economy, even though Defendant has previously filed a

separate amended answer as to Count I (Doc. 23), Defendant should refile

one document that includes its answer and affirmative defenses as to each of

the counts of the amended complaint.

DONE and ORDERED in Chambers, in Tampa, Florida, this 28th day of

April, 2020.

Hy’ BOS

-TOMBARBER =——“‘“‘ C;iC‘(C(‘(‘(‘(

UNITED STATES DISTRICT JUDGE

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