The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
ROBIN NOLAN,
Plaintiff,
Case No. 3:23-cv-1205-TJC-LLL
v.
ST. JOHNS COUNTY SCHOOL
BOARD,
Defendant.
ORDER
THIS CASE is before the Court on Defendant School Board of St. Johns
County’s Motion to Dismiss Amended Complaint, Doc. 21. For the reasons
described, the motion is denied.
Plaintiff is a teacher who complains she was improperly treated by the
principal at her former school. Doc. 16. Plaintiff has made four claims under
Title VII and the Florida Civil Rights Act. These are: Count I for Race
Discrimination, Count II for Hostile Work Environment (“HWE”), Count III for
Gender Discrimination, and Count IV for Retaliation.
Defendant argues the HWE claim fails because Plaintiff has not
sufficiently alleged acts that are severe or pervasive. The Court disagrees. The
amended complaint describes multiple incidents between Plaintiff and the
school principal occurring over a number of years. Plaintiff has given multiple
specific examples, indicated the problems were frequent, and alleged incidents
in the presence of others she considered to be embarrassing and humiliating.
Doc. 16 at 3-11.
Defendant argues that multiple claims fail because Plaintiff has not
adequately alleged an adverse employment action. In April 2024, several
months after the briefing for this motion was done, the Supreme Court issued
its decision in Muldrow v. City of St. Louis, holding that the plaintiff sufficiently
alleged an adverse employment action because of changes in her
responsibilities, perks and schedule, even though her rank and pay remained
the same. 601 U.S. 346, 350-351 (2024). The Supreme Court recognized that
retaliation claims do require the retaliatory action be “materially adverse.” Id.
at 357 (2024). The Amended Complaint lists eighteen things as “Alleged
Retaliation and Adverse Action,” including a threat to revoke Plaintiff’s
teaching certificate, actions that caused her evaluation score to decrease, a
schedule change, and refusing to hire Plaintiff for summer school. Doc. 21 at 3-
4. Plaintiff has sufficiently alleged she suffered an adverse employment action
for her retaliation claims.
Defendant’s other arguments also fail. Plaintiff has alleged others,
outside the protected category, were treated differently, and has alleged
circumstances which, when treated as true, could meet the standard of a
convincing mosaic of discrimination.
Accordingly, it is hereby
ORDERED:
Defendant School Board of St. Johns County’s Motion to Dismiss
Amended Complaint, Doc. 21, is DENIED. No later than September 24, 2024,
Defendant will answer the Amended Complaint.
DONE AND ORDERED in Jacksonville, Florida the 3rd day of
September, 2024.
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TIMOTHY J. CORRIGAN
= United States District Judge
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Counsel of record