Yazzie v. Nat'l Org. for Women

GILDA YAZZIE, Plaintiff, v. NATIONAL ORGANIZATION FOR WOMEN et al., Defendants.

Civil Action No. 19-3845 (RDM)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

March 30, 2021

MEMORANDUM OPINION AND ORDER

In 2017, Defendant National Organization for Women ("NOW") held an election to choose the organization's next President and Vice President. Defendant Toni Van Pelt ran for President, with Plaintiff Gilda Yazzie as her running mate. The pair won the election and began what was supposed to be a four-year term in office. Yazzie alleges that as soon as they assumed their new positions, however, Van Pelt told NOW staff members that she had run with Yazzie only because Van Pelt thought she needed a woman of color on her ticket to win. Van Pelt then allegedly took steps to exclude Yazzie from management of the organization, initially by preventing her from participating in the budget process or signing checks, and eventually by locking Yazzie out of the office and her email account. In January 2018, Van Pelt allegedly assaulted Yazzie, and, after Yazzie complained to the staff and Board of Directors about the abusive work environment at the NOW headquarters, Van Pelt allegedly retaliated by forcing Yazzie to take a leave of absence. Yazzie and her supporters at NOW repeatedly urged the Board to investigate Van Pelt and the allegedly hostile work environment she had created for Yazzie and other employees of color, while Van Pelt asked the Board to terminate Yazzie. Amid accusations from Defendants Beth Corbin and Cynthia Drabek that Yazzie had stolen money from NOW, the Board of Directors terminated her in May 2019, less than two years into her four-year term.

In this action, Yazzie brings claims against NOW for employment discrimination; against NOW and Van Pelt for assault and battery; and against NOW, Van Pelt, Corbin, and Drabek for defamation. Defendants have moved to dismiss the case. Dkt. 8. For the reasons that follow, the Court will GRANT the motion with respect to the assault and battery claims but will DENY the motion in all other respects.

I. BACKGROUND

A. Factual Background

The following factual allegations are drawn from the complaint, as well as documents incorporated in Yazzie's pleadings by reference, or are subject to judicial notice. For purposes of Defendants' motions to dismiss, the Court accepts Yazzie's factual allegations as true. See Bell Atl. Corp. v. Twombly, 550 U.S. 554, 555 (2007).

Founded in 1966 and headquartered in the District of Columbia, NOW "is the largest organization of feminist grassroots activists in the United States," with hundreds of chapters and thousands of members in all fifty states and D.C. See About NOW, https://now.org/about (last visited Mar. 29, 2021). The organization aims "to promote feminist ideals, lead societal change, eliminate discrimination, and achieve and protect the equal rights of all women and girls in all aspects of social, political, and economic life." Id.

In 2017, Yazzie, who is Native American, Dkt. 1-3 at 2 (Compl. ¶ 6), ran for Vice President of NOW, as the running mate of Defendant Van Pelt, id. at 3 (Compl. ¶ 13). In her bidfor the presidency of NOW, Van Pelt utilized campaign materials that touted Yazzie as "100% Navajo," allegedly without Yazzie's consent. Id. (Compl ¶ 14). Although she identifies as Diné American, Yazzie took offense to being "identified by quantum." Id. at 3-4 (Compl. ¶ 14). At the 2017 NOW Annual Conference, Van Pelt was elected President and Yazzie was elected Vice President. Id. at 3 (Compl. ¶ 13). Both were slated to serve four-year terms. Id. Yazzie alleges that, once the pair took office, Van Pelt immediately took steps to exclude Yazzie from the management of the organization, eventually leading to Yazzie's termination, and that Van Pelt subjected other employees of color to similar mistreatment.

The NOW bylaws provide that the President serves as Chief Executive Officer and Chief Financial Officer of the organization, while the Vice President serves as Treasurer and "is responsible for managing human resources, staff, chapter and member relations[,] and administration." Id. at 4 (Compl. ¶ 15). The President produces monthly financial reports, which are then provided to the Vice President, who reviews them with the President and then presents the reports to the NOW Executive Board. Id. (Compl. ¶ 16). As for the organization's annual budget, the President and the Vice President had worked together in prior administrations to develop the budget proposal, before presenting it to the Budget Committee and then finally to the full national Board of Directors for their vote. Id. at 5 (Compl. ¶ 22). With respect to individual expenses, "[u]nder prior NOW operating procedures, both the President and Vice President [were] required to cosign all checks above $5,000." Id. at 6 (Compl. ¶ 24).

At least, that's how Yazzie says things were supposed to work. She alleges that, upon taking office, Van Pelt "refused to collaborate directly with [her], to meet individually with her[,] and would rarely communicate directly with [her]." Id. at 4 (Compl. ¶ 19). Before becoming Vice President, Yazzie already had expertise in the organization's budget process, having servedon the Budget Committee of NOW's Board for more than 10 years. Id. (Compl. ¶ 17). But "Van Pelt unilaterally removed Yazzie from the budget review process, notwithstanding Yazzie's position as Vice President and Treasurer and notwithstanding . . . [Yazzie]'s familiarity with the process." Id. at 5 (Compl. ¶ 22). Van Pelt also excluded Yazzie from the process for approving expenses. "Van Pelt ordered that a signature stamp for Yazzie's signature be bought" and directed a NOW employee to deliver the stamp to Van Pelt's home in Florida. Id. at 6 (Compl. ¶ 24). When the employee instead had the stamp delivered to the NOW headquarters in the District of Columbia, "Van Pelt obtained [Yazzie's] signature stamp and kept it locked in her office." Id. Later, Van Pelt had the bank "remove [Yazzie's] name as a cosigner" and replaced her "with a lower ranking staffer." Id. Likewise, Van Pelt never permitted Yazzie access to NOW's financial software, and Van Pelt "refused to provide monthly financial accountings or budget proposal[s] to Yazzie," despite Yazzie's duty as Treasurer to report on the finances of NOW to the Board. Id. at 8 (Compl. ¶ 29).

While Van Pelt was allegedly isolating and excluding Yazzie, she also made comments about Yazzie to other members of the NOW staff. In August 2017, Van Pelt "repeatedly" told two NOW staff members, Tyler Goodridge and Rachel Motley, "that the only reason she chose Yazzie as her running mate for the Vice President position was because the campaign needed 'a woman of color' to get elected." Id. at 5 (Compl. ¶ 20). In other conversations, including with Motley and staff member Emily Imhoff, Van Pelt "repeatedly referred to Yazzie as 'weird.'" Id. at 4 (Compl. ¶ 18).

Yazzie alleges that Van Pelt mistreated other staff members of color. Rui Mulligan, who is Asian-American, had managed NOW's social media fundraising efforts since 2015, "substantially increasing funds raised for the organization during her tenure." Id. at 6(Compl. ¶ 23). On October 2, 2017, without first speaking to Mulligan about the decision, "Van Pelt unilaterally removed Mulligan from all of NOW's social media accounts and changed all her passwords." Id. Mulligan requested a private meeting with Van Pelt to discuss the change in responsibilities, but instead of granting that request, Van Pelt stated publicly, in front of Mulligan's co-workers, that Mulligan's "best was simply not good enough." Id.

Following the resignation of network administrator Paul Wommack in December 2017, Van Pelt directed senior accounting executive Sparkle Barrett, who is African-American, to withhold Wommack's final paycheck, which included two weeks' pay plus compensation for unused vacation time. Id. at 6-7 (Compl. ¶¶ 25-26). Barrett "expressed reluctance," and Van Pelt then "shouted and stood hovering less than a foot away from Barrett's desk." Id. at 7 (Compl. ¶ 25). Yazzie and an auditing consultant both admonished Van Pelt to pay Wommack the money he was owed. Id. (Compl. ¶ 26). Barrett then issued the final paycheck to Wommack. Id. This "[a]ngered" Van Pelt, who "shouted" at Barrett, "threaten[ing] to fire Barrett and to pursue legal action against her for the 'wrongful act' of paying" Wommack. Id.

Yazzie alleges that the situation worsened in 2018. On Monday, January 15, 2018, NOW staff members planned to work on the National Mall doing "organizational standard social media field work and feminist organizing" as part of Martin Luther King Day events. Id. at 8 (Compl. ¶ 30). But Van Pelt required the staff to work in the office, neither permitting them to participate in events commemorating the holiday nor allowing them to take the federal holiday off work. Id. Despite Van Pelt's stance, Yazzie, in her role as Vice President, attended a rally in honor of the holiday.

Two weeks later, on January 29, 2018, at approximately 11:20 a.m., Van Pelt confronted Yazzie. Id. (Compl. ¶ 31). Yazzie alleges that Van Pelt yelled, "You won't be here for threeyears!" and "I am the [P]resident, so you have to do what I say." Id. Yazzie attempted to retreat to her office, but "Van Pelt followed Yazzie into her office, screamed at her, threw papers at her, bumped her (i.e., body slammed Yazzie)[,] and cornered [her]." Id. Feeling intimidated, Yazzie then moved past Van Pelt and "escape[d]" to the office of staff member Linda Berg. Id. at 8-9.

Yazzie, escorted by Berg, then returned to her own office and, "quickly and in great distress, prepared a memorandum [that] she distributed to fellow staff and interns describing Van Pelt's behavior." Id. at 9 (Compl. ¶¶ 31-32). In the memorandum, Yazzie wrote that "[i]t's scary at the National Action Center [("NAC")]" and that "[o]f most concern is that [Van Pelt]...