Theophilous v. Bridgeport Mental Health Ctr.

GLORIA THEOPHILOUS, Plaintiff, v. BRIDGEPORT MENTAL HEALTH CENTER, Defendant.

No. 3:18-cv-02151 (VAB)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

August 2, 2020

RULING AND ORDER ON MOTION TO DISMISS

Gloria Theophilous ("Plaintiff") has sued the State of Connecticut Bridgeport Mental Health Center, a division of Department of Mental Health and Addiction Services ("Defendant" or "Bridgeport Mental Health Center"), alleging claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000(e) ("Title VII"), and the Connecticut Fair Employment Practices Act ("CFEPA"), Conn. Gen. Stat. § 46a-60(b)(4). Am. Compl., ECF No. 25 (Oct. 4, 2019).

Ms. Theophilous alleges that Bridgeport Mental Health Center, "having discriminated against [her] in employment on the grounds of her race, national origin and accent, retaliated against her for complaining about it." Am. Compl. ¶ 1.

Bridgeport Mental Health Center has moved to dismiss the Amended Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Def.'s Mot. to Dismiss, ECF No. 27 (Oct. 18, 2019) ("Def.'s Mot."); Mem. in Supp. of Def.'s Mot. to Dismiss at 1, ECF No. 27-1 (Oct. 18, 2019) ("Def.'s Mem.").

For the following reasons, Defendant's motion to dismiss is GRANTED in part, and DENIED in part. Plaintiff's CFEPA claim will be dismissed, but her Title VII claim is not time-barred, at least not at this time, and remains in the case.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Allegations¹

On or about April 2, 2008, Bridgeport Mental Health Center, a "division of the State of Connecticut, Department of Developmental Services,"² Am. Compl. ¶ 4, allegedly hired Ms. Theophilous "as a social worker at its New Haven, Connecticut facility," Id. ¶ 6. While stationed at the New Haven facility, Ms. Theophilous allegedly "suffered what she in good faith considered to be discrimination because of her race, national origin[,] and accent." Id. ¶ 6. She allegedly filed a complaint with the Connecticut Commission on Human Rights and Opportunities ("CHRO") and the Equal Employment Opportunity Commission ("EEOC") regarding this discrimination. Id.

In November 2013, allegedly in retaliation for filing her complaint, Ms. Theophilous allegedly was transferred to the Bridgeport facility and "demoted to the position of Mental Health Worker with a cut in salary." Id. Shortly after Ms. Theophilous's transfer to Bridgeport, "retaliation against [her] began." Id. ¶ 7.

Such retaliation allegedly included Ms. Theophilous's supervisor, Evangeline Gubor, "refer[ring] to plaintiff as 'stupid,' 'useless,' 'incompetent,' and 'no good[,]' and advis[ing] the plaintiff that she was not happey [sic] having her assigned to her floor and that as far as she was concerned the plaintiff held a useless college degree and was dumb and stupid." Id. Ms. Gubor'sbehavior allegedly "encouraged the plaintiff's co-workers to engage in comparable behavior." Id. ¶ 8. "These discriminatory acts were [allegedly] reported to higher levels within the agency but no relief was afforded to the plaintiff." Id. ¶ 7.

By May 2014, Ms. Theophilous allegedly had completed the six-month probationary period, "whereupon she was classified as a permanent employee" with Bridgeport Mental Health Center. Id. ¶ 6.

In May 2015, Ms. Theophilous allegedly was suspended for five days "for reading to a client without making eye contact." Id. ¶ 8.

On August 11, 2015, while Ms. Theophilous was entering patient notes into "the defendant's WIT program," a co-worker allegedly accused her of being "lazy." Id. ¶ 8. The charge nurse then allegedly ordered Ms. Theophilous, in front of staff and clients, to "get off the computer and take out the trash." Id. The charge nurse allegedly stated further that "I am the charge nurse and I have the right to talk to you the way I like. . . . Shut up, be quiet, or I am going to write you up." Id. Ms. Theophilous allegedly complained to her supervisor, Mr. Columbus, who allegedly "pointed his finger in [her] face and responded that [she] was the one with the problem and that everyone was complaining about her." Id.

In February 2016, Vicki Hoey, the Director of Nursing, allegedly "falsely accused [Ms. Theophilous] of stealing working hours" after she had "left work after becoming ill gone directly to a hospital" and allegedly had her investigated "for leaving her post without notifying the charging nurse." Id. ¶ 9. Although Ms. Theophilous's "time cards [allegedly] proved this accusation was false . . . . Ms. Hoey then publicly announced that [Ms. Theophilous] was under investigation for leaving her post without notifying the charge nurse." Id. Ms. Theophilous then allegedly sought "a transfer out of that unit, but [was] without success." Id.

In April 2016, allegedly "after many months of complaining that she was the only one in her unit not to have received an evaluation for 2015," Ms. Theophilous allegedly learned that Ms. Gubor had placed an evaluation "secretly in her personnel file without affording her an opportunity to review or challenge it[,]" and "without the required approval of Human Resources." Id. ¶ 10. Ms. Theophilous allegedly did fare well in the evaluation, which allegedly "included an allegation of 'poor judgment.'" Id. But Ms. Theophilous allegedly "had never been warned or notified that anyone consider[ed] her judgment poor." Id.

On May 16, 2016, Ms. Gubor allegedly loudly berated Ms. Theophilous for about thirty minutes "in front of a charge nurse, calling [Ms. Theophilous] 'useless' and stating: 'I don't know where you came from doing social work. You do not comprehend anything about this job. You are nothing.'" Id. ¶ 11.

On May 17, 2016, Ms. Theophilous allegedly "met with the Director, Karen Stillman and explained the pattern of retaliation to which she was being subjected." Id. ¶ 12. She allegedly "requested a transfer off the floor," but her request allegedly was denied. Id.

On June 14, 2016, allegedly in response to Ms. Theophilous's complaints of retaliation, Ms. Hoey allegedly "summoned the plaintiff to a meeting at which she rejected the plaintiff's complaints and ejected her from her office." Id. Ms. Theophilous and her union representative allegedly reported this alleged abuse to Human Resources, "but without avail." Id. ¶ 13.

On September 20, 2016, Ms. Theophilous filed a complaint against Bridgeport Mental Health Center with the CHRO. Mot. to Dismiss Ex. A, ECF No. 27-2 (Oct. 18, 2019) ("2016 CHRO Compl. & Right to Sue Letters").

On September 28, 2016, the February 2016 investigation into the allegations that Ms. Theophilous had improperly left work early "was reopened in violation of the prior practices ofthe department." Id. ¶ 14. "At the conclusion of this second 'investigation,' [Ms. Theophilous allegedly] was suspended for five days and at the end of her suspension she was given a second poor evaluation." Id.

On November 18, 2016, another co-worker allegedly stated to Ms. Theophilous, "in the presence of others, 'you are unnecessary here.'" Id. ¶ 15. When Ms. Theophilous complained, she allegedly was ordered to sign an agreement to 'work in peace' with the co-worker." Id. The co-worker allegedly was later transferred to another unit after he allegedly "became involved in an altercation with a black male employee" in mid-January 2017. Id. ¶ 16.

On December 2, 2016, Ms. Theophilous allegedly "reported the ongoing retaliation to her superiors . . . but again nothing was done." Id. ¶ 15.

Ms. Theophilous alleges that "[t]he above-described pattern of hostility, disparate treatment and retaliation has continued up to the present day" and that she "is suffering economic losses and emotional distress" as a result. Id. ¶ 17.

B. Procedural History

On September 20, 2016, Ms. Theophilous filed a complaint against the Connecticut Department of Mental Health and Addiction Services³ with the CHRO alleging discrimination and retaliation on the basis of race, ancestry, national origin and prior opposition to discriminatory conduct, in violation of Title VII and the CFEPA. 2016 CHRO Compl. & Right toSue Letters. In her complaint, she details alleged acts of discrimination occurring between 2012, when she allegedly filed her first CHRO discrimination complaint, and June 2016. Id.

On June 9, 2017, Ms. Theophilous filed another complaint against the Connecticut Department of Mental Health and Addiction Services with the CHRO alleging discrimination and retaliation on the basis of race, ancestry, national origin, sex, mental disability/disorder, and prior opposition to discriminatory conduct, in violation of Title VII and the CFEPA; and alleging violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA"). Mot. to Dismiss Ex. B at 1-5, ECF No. 27-3 (Oct. 18, 2019) ("2017 CHRO Compl. & Right to Sue Letters"). In this complaint, she details alleged acts of discrimination occurring since she filed her 2016 CHRO Complaint. Id.

On October 4, 2018, Ms. Theophilous received right to sue letters from the CHRO in response to both her 2016 and 2017 CHRO complaints, informing her that she had 90 days to file a civil action in Connecticut Superior Court. 2016 CHRO Compl. & Right to Sue Letters at 6-7; 2017 CHRO Compl. & Right to Sue Letters at 6-7.

On December 28, 2018, Ms. Theophilous filed a Complaint against Bridgeport Mental Health Center with this Court asserting employment discrimination claims under Title VII and the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621, et seq. ("ADEA"). Compl., ECF No. 1 (Dec. 28, 2018).

On June 25, 2019, Ms. Theophilous received right to sue letters from the EEOC in response to both her 2016 and 2017 CHRO complaints, informing her that she had 90 days to file a civil action in federal or state court. 2016 CHRO Compl. & Right to Sue Letters at 8; 2017 CHRO Compl. & Right to Sue Letters at 8.⁴

On July 3, 2019, Bridgeport Mental Health Center filed a Motion for More Definite Statement,...