Benzaoual v. OhioHealth Corp.

ZAKARIA BENZAOUAL, Plaintiff, v. OHIOHEALTH CORPORATION, Defendant.

Case No. 2:19-cv-03366

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

December 28, 2020

Chief Judge Algenon L. Marbley

Magistrate Judge Jolson

OPINION & ORDER

This matter is before the Court on Defendant OhioHealth Corporation's Motion for Judgment on the Pleadings. (ECF No. 27). For the reasons set forth below, Defendant's Motion for partial judgment on the pleadings is GRANTED. Plaintiff's claims as specified herein are DISMISSED WITH PREJUDICE.

I. BACKGROUND

Plaintiff Zakaria Benzaoual ("Mr. Benzaoual") is a Muslim man of Moroccan descent. (ECF No. 1 at 8). On August 5, 2019, Mr. Benzaoual filed a pro se complaint alleging that Defendant OhioHealth Corporation ("OhioHealth") subjected him to employment-related discrimination in violation of Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U.S.C. § 2000e et seq. According to the complaint, Mr. Benzaoual was the victim of discrimination on the basis of race, religion, and national origin in violation of 42 U.S.C. § 2000e-2(a)(1). (ECF No. 1 at 2). The complaint further alleges that he was the victim of "job opportunity discrimination" due to OhioHealth's failure to promote him to a management position. (Id. at 3, 6). OhioHealth now seeks judgment on the pleadings as to all claims based on alleged unlawful employment practices occurring more than 300 days before Mr. Benzaoual filed a charge with the Equal Employment Opportunity Commission ("EEOC") on the theory they are time barred.

A. Plaintiff's Complaint

The complaint contains two main sets of allegations. (Id. at 2). The first set, entitled "I - Director and Manager Discrimination and retaliation with HR cover ups[,]" makes allegations ranging from the time Mr. Benzaoual joined OhioHealth in 1999 as a "linen services" associate until his return to work on October 15, 2018 following a period of suspension. (Id. at 4-6). The second, entitled "B - Supply Chain Director Job opportunity discrimination and HR support[,]" contains allegations surrounding Mr. Benzaoual's third unsuccessful attempt to be promoted to supply and linen distribution manager in his department. (Id. at 6-9). In arguing for judgment on the pleadings, OhioHealth restyles the two sets as "Section One" and "Section Two," respectively. For the sake of simplicity, this Court employs the same nomenclature.

The allegations concerning unlawful employment practices in Section One of the complaint take place between 2009 and 2018. Section One alleges that OhioHealth failed to promote Mr. Benzaoual in 2009 and 2010, when he applied for a management position but was denied in both instances. (Id. at 4). Mr. Benzaoual also alleges that during a conversation with a director, Colleen Kennedy, in late December 2017, he questioned Ms. Kennedy's refusal to promote him to manager. (ECF No. 1 at 4). Mr. Benzaoual, however, does not appear to view the December 2017 conversation as itself an occasion on which OhioHealth improperly failed to promote him.¹

Section One also addresses a February 2018 incident between Mr. Benzaoual and an "associate" in OhioHealth's "distribution group" named Bill Kuhn, as well as subsequent conductof OhioHealth related to that incident. (Id. at 4-5). Mr. Benzaoual alleges that on February 28, 2018, Mr. Kuhn, whom he describes as a "henchman" of Ms. Kennedy and a department manager named Eric Endres, "attacked" his race, religion, nationality, and American citizenship. (Id. at 4). Mr. Benzaoual further alleges that as a result of the incident he was suspended on March 2, 2018, before being asked, on March 6, to report to work again on March 7. (Id. at 4-5). When Mr. Benzaoual asked Mr. Endres for a written report of and the "policy applied" to the incident between him and Mr. Kuhn, Mr. Endres allegedly threatened him to "be qui[et] and . . . not talk to other associates about anything[,]" before referring Mr. Benzaoual to human resources personnel. (Id. at 5).

Section One alleges that human resources personnel attempted to "wear [him] out" and "down play the situation." (Id.). In particular, he alleges that he first went to Tim Roberts, who referred him to Jeffery McMurray. (ECF No. 1 at 5). Mr. McMurray allegedly failed to meet with Mr. Benzaoual. (Id.). Mr. Benzaoual asserts that he eventually contacted Sonya Cook, Mr. McMurray's director. (Id.). He appears to allege that Ms. Cook eventually chose to address his requests herself.² (Id.). According to the complaint, Ms. Cook requested from Mr. Benzaoual a list of the employees suffering similar treatment, which he provided. (Id.). It is unclear from the complaint whether Mr. Benzaoual ever received the information he sought. He does allege, however, that human resources "decided to support the management[,]" which perhaps suggests that he did not. (Id.).

Finally, Section One alleges retaliation against Mr. Benzaoual for his attempts to "escalate" his request for a written report of and the policy applied to the February 28 incident between Mr.Benzaoual and Mr. Kuhn. He appears to allege that once human resources "decided to support" management in that matter, and because he was "putting more pressure and escalating to higher ups[,]"a "hit" was orchestrated against him. (ECF No. 1 at 5). He alleges that on May 15, 2018, an investigator interrogated him about a tip that he planned to carry out a shooting at Riverside Methodist Hospital, which Mr. Benzaoual "completely and totally refuted . . . ." (Id.). Nonetheless, Mr. Benzaoual allegedly was made to turn in his work keys and badge, escorted off the premises by security, and told not to contact or approach the hospital until further notice. (Id.). He further alleges that "[r]ight after this," Ms. Cook sent him a "notice letter[,]" and that he met with her on at least two later occasions. (Id.). It appears from the complaint that Mr. Benzaoual remained suspended from work until October 15, 2018. (Id. at 5-6).

Section Two of the complaint is directed at the "job opportunity discrimination" Mr. Benzaoual allegedly faced on the third occasion on which OhioHealth failed to promote him to a management position. (Id. at 6). It is unclear when he interviewed for the position, but it is clear that the decision not to promote Mr. Benzaoual was communicated to him on January 21, 2019 by Ms. Kennedy. (ECF No. 1 at 6.). Section Two also includes inter alia various allegations about his efforts to obtain the reason for that decision. (Id. at 6-7). Section Two further alleges that other OhioHealth employees were promoted to roles as supervisors or managers as proof of job opportunity discrimination. (Id. at 8). The complaint alleges that white employees receive promotions over others. (Id. at 8).

Notably, at no point does the complaint directly allege that Mr. Benzaoual filed a charge with the EEOC or with the Ohio Civil Rights Commission ("OCRC").³ In one instance, he merely alludes to the EEOC as his "next step" after he decided to "seek justice." (Id. at 8). Referenced inand attached to the complaint, however, is the EEOC's "Dismissal and Notice of Rights" ("Notice"). (Id. at 2, 18-19). The Notice stated that the EEOC was closing its file on Mr. Benzaoual's charge and informed him of his right to sue within ninety days. (ECF No. 1 at 18). The Notice was issued to and received by Mr. Benzaoual on May 6 and May 9, 2019, respectively. (Id. at 2, 18).

In addition to the Notice, Mr. Benzaoual also attached several emails between himself and employees of OhioHealth. (Id. at 11-17). Such emails pertain to the allegations set forth in Section One or Section two of the complaint, as the case may be.

B. Defendant's Answer and Rule 12(c) Motion

On November 14, 2019, OhioHealth filed its answer to Mr. Benzaoual's complaint. (ECF No. 8). OhioHealth inter alia denied the allegations of discrimination. (Id.). It also stated several affirmative defenses, among them that some or all of Mr. Benzaoual's claims are barred by the applicable statute of limitation. (Id. at 7).

On August 18, 2020, OhioHealth filed a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (ECF No. 27). OhioHealth seeks dismissal of all claims set forth in Section One of the complaint. (Id. at 8). It argues that because Mr. Benzaoual filed his charge on April 29, 2019, any claims based on unlawful employment practices occurring more than 300 days prior to that date are time barred. (Id. at 2). Since all claims set forth in Section One are based on alleged conduct occurring more than 300 days before the charge was filed (i.e. before July 3, 2018), OhioHealth argues, such claims should be dismissed with prejudice. (Id. at 7-8).

OhioHealth attached two documents as exhibits to its Rule 12(c) motion. The first is a copy of the charge filed by Mr. Benzaoual with the OCRC and EEOC on April 29, 2019. (ECF No. 27-1). The second is a copy of the EEOC's May 6, 2019 Notice, which was also referenced in and attached to Mr. Benzaoual's complaint. (ECF No. 27-2).

Mr. Benzaoual did not file any response to OhioHealth's motion. OhioHealth's motion is now ripe for review.

II. STANDARD OF REVIEW

A party may move for judgment on the pleadings after the pleadings are closed but early enough not to delay trial. FED. R. CIV. P. 12(c). The standard applicable to a motion for judgment on the pleadings is the same as that which applies to a motion to dismiss made under Federal Rule of Civil Procedure 12(b)(6). E.g., Jackson v. City of Cleveland, 925 F.3d 793, 806 (6th Cir. 2019) (citing Warrior Sports, Inc. v. Nat'l Collegiate Athletic Ass'n, 623 F.3d 281, 284 (6th Cir. 2010)). The Court must construe the complaint in a light most favorable to the plaintiff, accept all well-pleaded factual allegations as true, and determine whether the complaint states a plausible claim for relief. Albrecht v. Treon, 617 F.3d 890, 893 (6th Cir. 2010) (citations omitted). The...