Opinion

Chauvin v. Town of Franklinton Mayor Gregory Route

Court
District Court, E.D. Louisiana
Filed
Dec 16, 2024
Cited by
0 cases
Authority
More cited than 33.3%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

SEENA CHAUVIN CIVIL ACTION

VERSUS NO. 24-2485

TOWN OF FRANKLINTON, ET AL. SECTION “R” (5)

ORDER AND REASONS

Before the Court is the unopposed motion of defendants Town of

Franklinton, Mayor Gregory Route, and Town of Franklinton City Hall for

partial dismissal under Federal Rule of Civil Procedure 12(b)(6).1 For the

following reasons, the Court grants the motion.

I. BACKGROUND

On December 17, 2022, Seena Chauvin filed a charge of discrimination

with the Equal Employment Opportunity Commission (“EEOC”), alleging

that she was subjected to sexual harassment, discriminated based on sex, and

retaliated against during her employment with the Town of Franklinton.2

After investigation, the EEOC issued Chauvin a formal notice of right to sue

1 R. Doc. 8.

2 R. Doc. 8-3 at 1.

on September 26, 2023.3 The notice explicitly provided that any lawsuit in

federal or state court related to the charge “must be filed WITHIN 90 days of

your receipt of this notice.”4

On December 29, 2023, Chauvin filed a second charge of

discrimination with the EEOC, alleging that she was unlawfully terminated

after asking for reasonable accommodations, harassed, and discriminated

against after turning down sexual advances, which she describes as a part of

a “toxic environment” that had been “ongoing for the better part of 3 or more

years.”5 After investigation, the EEOC issued another formal notice of

Chauvin’s right to sue on June 24, 2024, which also identified the 90-day

time limit.6 Eighty-eight days later, on September 20, 2024, Chauvin sued

The Town of Franklinton, Mayor Gregory Route, and the Town of

Franklinton City Hall pro se in state court alleging, among other things, that

she was the subject of discrimination and retaliation based on sexual

harassment.7 Defendants removed the case on October 16, 2024.8

3 R. Doc. 8-4 at 1.

4 Id.

5 R. Doc. 8-5 at 1.

6 R. Doc. 8-6 at 1.

7 See R. Doc. 1-2.

8 See R. Doc. 1.

Defendants now move to dismiss plaintiff’s claims for sexual

harassment, discrimination, and retaliation as time-barred following her

failure to sue within 90 days of the first notice of right to sue.9 Plaintiff does

not oppose the motion. The Court considers defendants’ motion below.

II. LEGAL STANDARD

To survive a motion to dismiss under Federal Rule of Civil Procedure

12(b)(6), a plaintiff must plead enough facts to “state a claim to relief that is

plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting

Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 547 (2007)). A claim is facially

plausible “when the plaintiff pleads factual content that allows the court to

draw the reasonable inference that the defendant is liable for the misconduct

alleged.” Id. at 678. The Court must accept all well-pleaded facts as true and

must draw all reasonable inferences in favor of the plaintiff. Lormand v. U.S.

Unwired, Inc., 565 F.3d 228, 239, 244 (5th Cir. 2009). But the Court is not

bound to accept as true legal conclusions couched as factual allegations.

Iqbal, 556 U.S. at 678.

A legally sufficient complaint must establish more than a “sheer

possibility” that the party’s claim is true. See Iqbal, 556 U.S. at 678. It need

9

not contain “detailed factual allegations,” but it must go beyond “‘labels and

conclusions’ or ‘a formulaic recitation of the elements of a cause of action.’”

See id. (quoting Twombly, 550 U.S. at 555). In other words, “[t]he complaint

(1) on its face (2) must contain enough factual matter (taken as true) (3) to

raise a reasonable hope or expectation (4) that discovery will reveal relevant

evidence of each element of a claim.” Lormand, 565 F.3d at 257 (citations

omitted). The claim must be dismissed if there are insufficient factual

allegations “to raise a right to relief above the speculative level,” Twombly,

550 U.S. at 555, or if it is apparent from the face of the complaint that there

is an insuperable bar to relief, see Jones v. Bock, 549 U.S. 199, 215 (2007).

On a Rule 12(b)(6) motion, the Court must limit its review to the

contents of the pleadings, including attachments. Brand Coupon Network,

L.L.C. v. Catalina Mktg. Corp., 748 F.3d 631, 635 (5th Cir. 2014). The Court

may also consider documents attached to a motion to dismiss or an

opposition to that motion when the documents are referred to in the

pleadings and are central to a plaintiff’s claims. Id. “The district court ‘may

also consider matters of which [it] may take judicial notice.’” Hall v.

Hodgkins, 305 F. App’x 224, 227 (5th Cir. 2008) (citing Lovelace v. Software

Spectrum, Inc., 78 F.3d 1015, 1017-18 (5th Cir. 1996)).

III. DISCUSSION

Before bringing a suit in court, an employment-discrimination plaintiff

must exhaust administrative remedies, which occurs when the plaintiff files

a timely charge with the EEOC and receives a statutory notice of right to sue.

Taylor v. Books A Million, Inc., 296 F.3d 376, 379 (5th Cir. 2002). Under

Title VII, a plaintiff has ninety days to bring suit in federal court after receipt

of the statutory notice of right to sue. 42 U.S.C. § 2000e-5(f)(1). When the

receipt date of the right-to-sue letter is either unknown or disputed, courts

have presumed receipt dates ranging from three to seven days after the letter

has mailed. Taylor, 296 F.3d at 379. The ninety-day limitations period is

strictly construed. Id.

A second right-to-sue letter is ineffective to extend the ninety-day

limitations period concerning the same claim unless it is issued pursuant to

a reconsideration on the merits. See Washington v. City of Gulfport, Miss.,

351 F. App’x 916, 918 (5th Cir. 2009); Gitlitz v. Compagnie Nationale Air

France, 129 F.3d 554, 557 (11th Cir. 1997); Sparks v. Lowe’s Home Ctr., Inc.,

341 F. Supp. 2d 671, 674 (E.D. Tex. 2004). To hold otherwise would “allow

any future plaintiff to obliterate the ninety-day limitations period by

repeatedly refiling the same charge with the EEOC.” Sparks, 341 F. Supp. at

674; see also January v. Texas Dep’t of Crim. Just., 760 F. App’x 296, 300

(5th Cir. 2019) (holding that second right-to-sue letter did not make claim

“concerning the same incident” as her first EEOC charge timely). Because

this doctrine applies “where an employee files multiple charges of

discrimination encompassing the same events,” courts “consider ‘whether,

and to what extent, the two charges differ in scope and substance.’” Brown

& Brown of Mississippi, LLC v. Baker, No. 16-327, 2017 WL 5158667, at *6

(S.D. Miss. Nov. 7, 2017) (citing Felix v. City & Cty. of Denver,

729 F. Supp. 2d 1243, 1250 (D. Colo. 2010)).

The EEOC mailed a right-to-sue letter to Chauvin’s first charge on

September 26, 2023.10 The record does not show when Chauvin received the

letter, but using the more generous seven-day period, the Court assumes she

received it on October 3, 2023. Therefore, to timely assert a claim based on

the facts of her first EEOC charge, Chauvin had to file suit by January 1,

2024. Chauvin did not file her suit until September 20, 2024, over nine

months after the ninety-day deadline.11 Accordingly, any Title VII

discrimination and retaliation claims at issue in Chauvin’s first charge are

time-barred.

10 R. Doc. 8-4 at 1.

11 R. Doc. 1-2.

Plaintiff filed her second charge of discrimination on December 29,

2023,12 and the EEOC issued its notice of right to sue on June 24, 2024.13

The EEOC did not issue this letter pursuant to a reconsideration of the

merits.14 Plaintiff filed her present complaint on September 20, 2024, within

ninety days of her second notice of right to sue.15 It is unclear whether

Chauvin’s second charge addressed the same alleged acts and incidents of

sex discrimination and retaliation as her first, or whether it concerned

separate, subsequent conduct. Chauvin describes being terminated

following sexual advances from her coworkers, which she does not include in

her first charge, and identifies March 15, 2023, as the date of the “most

recent” discriminatory action against her,16 which occurred roughly four

months after she filed the first charge with the EEOC.17 But Chauvin

characterizes these actions as part of a “toxic environment” that has been

“ongoing” for the “better part of 3 or more years.”18

Chauvin may not assert any claims based on acts and incidents prior to

the filing of her first EEOC charge of discrimination. Only Chauvin’s sex

12 See R. Doc. 8-5.

13 R. Doc. 8-6.

14 Id.

15 R. Doc. 1-2.

16 R. Doc. 8-5 at 1.

17 See R. Doc. 8-3 at 1.

18 Id.

discrimination, harassment, and retaliation claims based on facts that

occurred after she filed her first EEOC charge on December 17, 2022, are

timely. See Prewitt v. Cont’l Auto., 927 F. Supp. 2d 435, 445 (W.D. Tex.

2013) (dismissing “any [discrimination] claims arising from the incidents

described in the [first and second] Charge[s] Plaintiff filed with the EEOC”

as “time-barred,” but not “any claims arising from the facts alleged in Charge

3—at least insofar as they do not repeat time-barred claims first brought in

Charges 1 and 2”); see also Brown, 2017 WL 5158667, at *6 (finding untimely

plaintiff’s gender discrimination claims related to her alleged demotion, the

subject of her first EEOC charge, but not plaintiff’s gender and age

discrimination claims related to her alleged constructive discharge, the

subject of her second); Simmons v. Tarrant Cnty. 9-1-1 Dist., No. 13-1389,

2014 WL 3720417, at *7 (N.D. Tex. July 22, 2014) (“Accordingly, Plaintiff

may pursue her Title VII claims over conduct occurring after the filing of the

2010 Charge that are contained in her 2012 Charge, but not conduct that

occurred before the 2010 Charge was filed.”).

IV. CONCLUSION

For the foregoing reasons, the Court GRANTS defendants’ motion to

dismiss plaintiff’s claims for sexual discrimination, sexual harassment, and

retaliation occurring before December 17, 2022. The Court DISMISSES

these claims with prejudice.

New Orleans, Louisiana, this _16th day of December, 2024.

ern Vares

SARAH S. VANCE

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.