Vasser v. Shiroki N. Am., Inc., 2:19-cv-00098

TRAVETTE TARA VASSER, Plaintiff, v. SHIROKI NORTH AMERICA, INC.CORPORATE HUMAN RESOURCES and SHIROKI NORTH AMERICA,INC. CORPORATE HEADQUARTERS, Defendants.

NO. 2:19-cv-00098

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE COOKEVILLE DIVISION

April 17, 2020

MEMORANDUM OPINION

Travette Tara Vasser, a Tennessee resident, filed a pro se employment discrimination Complaint under Title VII of the Civil Rights Act of 1964 ("Title VII"), the Age Discrimination in Employment Act ("ADEA"), the Americans with Disabilities Act ("ADA"), and Tennessee law. (Doc. No. 1.) Vasser also filed an application to proceed in this Court without prepaying fees and costs that the Court initially denied (Doc. Nos. 3, 4), but later granted upon reconsideration (Doc. Nos. 6, 7). The Complaint is now before the Court for initial review.

I. Initial Review of the Complaint

The Court must conduct an initial review of the Complaint and dismiss any action filed in forma pauperis if it is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see also McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997) (holding the screening procedure established by § 1915(e) also applies to in forma pauperis complaints filed by non-prisoners), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007).

A. Standard of Review

In reviewing the Complaint, the Court applies the same standard as under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010). Thus, "a district court must (1) view the complaint in the light most favorable to the plaintiff and (2) take all well-pleaded factual allegations as true." Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478, 488 (6th Cir. 2009) (citing Gunasekera v. Irwin, 551 F.3d 461, 466 (6th Cir. 2009)). The Court must then consider whether those factual allegations "plausibly suggest an entitlement to relief," Williams v. Curtin, 631 F.3d 380, 383 (6th Cir. 2011) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 681 (2009)), that rises "above the speculative level," Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). The Court does not accept "legal conclusions masquerading as factual allegations," Eidson v. Tenn. Dep't of Children's Servs., 510 F.3d 631, 634 (6th Cir. 2007), or make "unwarranted factual inferences." DirectTV, Inc. v. Treesh, 487 F.3d 471, 476 (6th Cir. 2007).

"Pro se complaints are to be held to less stringent standards than formal pleadings drafted by lawyers, and should therefore be liberally construed." Williams, 631 F.3d at 383; Erickson v. Pardus, 551 U.S. 89, 93 (2007) (citing Estelle v. Gamble, 429 U.S. 97 (1976)). Even under this lenient standard, however, pro se plaintiffs must meet basic pleading requirements and are not exempted from the requirements of the Federal Rules of Civil Procedure. Martin v. Overton, 391 F.3d 710, 714 (6th Cir. 2004); Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989).

B. Factual Allegations¹

Liberally construing the Complaint and drawing the necessary reasonable inferences, it appears that around January 2, 2018, Shiroki North America, Inc. ("Shiroki") hired Vasser, a 49 year-old African-American woman, as a Quality Engineer. Vasser's problems with Shiroki began in July-August of 2018, with an incident in which Senior Quality Manager Ann Gregory responded to a customer concerning a "countermeasure quality issue." The customer rejected Shiroki's countermeasure and criticized Gregory's response. Gregory then yelled at Vasser and attempted to blame her. Vasser reported the incident to Shiroki's human resources department in Gordonsville, which immediately involved Shiroki's corporate human resources department, including employees Holly Wood and Chad Emery.

On September 16, 2018, Vasser was injured and went for emergency treatment at both St. Thomas and Vanderbilt. She also received follow-up care from her primary care physician, who provided Shiroki medical work excuses for September 17-19, 2018, with a return date for Vasser of September 20, 2018. Vasser returned to work on September 20 on crutches, pending an appointment with Vanderbilt orthopedist Dr. Gene Hannah. However, Holly Wood told Vasser that she could not work on crutches and directed her to go home. Wood further informed Vasser that although she did not have enough time at Shiroki for leave under the Family and Medical Leave Act, because Vasser was a salaried employee she would qualify for a salary continuationbenefit and not be fired. Vasser used all of her remaining personal and vacation time in order to trigger the salary continuation benefit.

On September 27, 2018, Vasser provided Shiroki with a letter from Dr. Hannah that indicated Vasser was restricted from returning to work "until further notice." (Id. at 3.) On September 28, Vasser received a letter from Shiroki Corporate Benefits Senior Manager Wendy Tyrell. Tyrrell noted that Vasser had "last worked on September 14, 2018, and ha[d] been out of work since then due to a personal illness and/or injury." (Doc. No. 1-2 at 1.) She described Dr. Hannah's note as an excuse from work "with no indication of any projected date of return or accommodation that would allow you to return to work." (Id.) Tyrell advised Vasser:

As we discussed via phone recently, you are not eligible for leave under the Family Medical Leave Act (FMLA) because you have not yet worked at [Shiroki] for the required number of months/or hours. Additionally, you have already exhausted all of your vacation and sick days. . . .

Unfortunately, . . . given the critical nature of your position, [Shiroki] is unable to hold your position open for the indefinite and prolonged period during which Dr. Hannah has indicated you will be unable to return work. If you have any additional information or ideas you would like us to consider that might allow you to return to work, please reach out to me by Friday, October 5. Otherwise, we will be administratively terminating your employment at that time.

On behalf of [Shiroki], I want to thank you for your service and wish you well on your anticipated recovery. . . .

(Id.; Doc. No. 1-1 at 3.) Tyrell also informed Vasser that "as a salaried exempt team member, [she was] eligible for 26 weeks of disability benefits under [Shiroki's] Corporate policy." (Doc. No. 1-2 at 1.) Following 26 weeks of disability benefits, Shiroki would terminate Vasser's group medical coverage but give her the opportunity to continue under the Consolidated Omnibus Budget Reconciliation Act ("COBRA"). Vasser was "shocked, upset, and disturbed," by this letter, and she informed Tyrell and other members of the Shiroki management team by email that they "were violating [her] ADA rights and [she] would be contacting the EEOC." (Doc. No. 1-1 at 4.)

Nevertheless, it appears that Vasser provided additional medical documentation to Tyrrell on October 3, 2018, indicating that, due to a "left knee sprain" and "left knee bone bruise," she was unable to return to work until October 29. (Doc. No. 1-2 at 3.) In response, Shiroki granted Vasser continued leave up to October 29. However, Shiroki advised Vasser that, "given the critical nature of [her] position, [Shiroki] was unable to hold [her] position open for an indefinite or prolonged period and could not extend [her] leave beyond October 29." (Doc. No. 1-2 at 2.) Shiroki again encouraged Vasser to share any ideas she might have that would allow her to return to work.

On October 28, 2018, Vasser again provided updated documentation to Shiroki in the form of a note from Dr. Hannah that indicated that Vasser "remained unable to return to work" and would be rechecked on November 8. (Id.) One day later, on October 29, Shiroki sent Vasser a letter terminating her employment. In this letter, Tyrrell stated:

Unfortunately, Dr. Hannah has now indicated that you remain unable to return to work for an indefinite period. Additionally, we are not aware of any open position or other accommodation that would allow you to return work, and you have not informed us of any ideas that you believe would allow you to return. Accordingly, we are administratively terminating your employment effective today, October 29, 2018.

(Id.; Doc. No. 1-1 at 4.) Tyrell also reiterated Vasser's ongoing eligibility for disability benefits and continuation of health benefits under COBRA. Vasser believes that Shiroki terminated her on October 29 despite knowing that she was scheduled for a reevaluation by her doctor on November 8 and might be cleared to return to work. Indeed, on November 9, Dr. Hannah cleared Vasser to return to work with the restriction of sitting until further notice.

Vasser alleges that after the initial workplace dispute with Ann Gregory, she was disrespected, retaliated against, harassed, and subjected to a hostile working environment by Shiroki's Gordonsville and corporate human resources personnel, Shiroki's Gordonsville Plant Manager Gina Haley, Shiroki corporate representative Ricky Baines, Gregory, and other staff. Thisspecifically included monthly meetings that were held "with fault and accusatory tone." (Doc. No. 1-1 at 2-3.) Vasser further alleges that she was discriminated against because of her race, age, and disability, and retaliated against for complaining about those illegal actions. In regards to retaliation, Vasser specifically complained in a text message to Shiroki's Holly Wood about being unfairly scrutinized and "treated like an hourly employee"; blamed for things that were not her fault; accused of being "mad" - which Vasser believed to be "a racial statement for . . . 'angry. . . black woman'"; and falsely accused of threatening human resources. (See Doc. No. 1-2 at 7.)

C. Discussion

1. Federal Discrimination Claims

Vasser alleges several types of employment discrimination. On her charge of discrimination filed with the Equal Employment...