United States District Court, E.D. Virginia
For Paulette Baiden-Adams, Plaintiff: Matthew Thomas Sutter, LEAD ATTORNEY, Wade Friedman Sutter & Dupray PC, Alexandria, VA.
For Forsythe Transportation Inc., Defendant: Robert G. Scott, LEAD ATTORNEY, Daniel Peter Reing, Davis Wright Tremaine LLP (DC), Washington, DC.
James C. Cacheris, UNITED STATES DISTRICT COURT JUDGE.
This matter is before the Court on Defendant Forsythe Transportation's (" Defendant" or " Forsythe Transportation" ) Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim for Relief (" Motion" ). [Dkt. 11.] For the following reasons the Court will grant Defendant's Motion to Dismiss.
This case arises out of an alleged instance of sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (2000).
A. Factual Background
Forsythe Transportation is a Delaware corporation that provides transportation services under a contract with Arlington County. (Compl. ¶ 2.) The transportation system operated by Forsythe Transportation is known as Arlington Rapid Transit (" ART" ). (Compl. ¶ 2.) Plaintiff, Paulette Baiden-Adams (" Plaintiff" or " Baiden-Adams" ) was employed by Forsythe Transportation as a training supervisor at the ART facility located at 2900 Jefferson Davis Highway, Arlington, Virginia. (Compl. ¶ 7, 9.)
Plaintiff alleges that beginning in 2010, she and other similarly situated women were subjected to " unwelcome sexual comments and touching" by ART facility managers. (Compl. ¶ 7.) Specifically, she alleges that two managers - Operations Manager Abdul Sanusi (" Sanusi" ) and Supervisor Wilbeck Adomako (" Adomako" ) - engaged in harassing behavior.  (Compl. ¶ 8.) Plaintiff avers that she worked under the direct supervision of both managers. (Compl. ¶ 8.) Plaintiff alleges that both Adomako and Sanusi would " regularly, at times daily, make inappropriate sexual comments to Ms. Adams and other similarly situated women." (Compl. ¶ 8.) Additionally, Plaintiff alleges that Adomako would " routinely pinch and caress Ms. Adams on her arms" and rub her shoulders in an unwanted manner. (Compl. ¶ 8.) Plaintiff alleges that she protested this treatment to Union shop stewards to no avail. (Compl. ¶ 8.)
Plaintiff also alleges that she " began to warn and counsel new female employees" to avoid Sanusi and Adomako because of their behavior. (Compl. ¶ 9.) Plaintiff was terminated on September 17, 2010. (Compl. ¶ 9.) She alleges that her termination came in " response to her efforts to protect female drivers from this sexual harassment." (Compl. ¶ 9.) She further alleges that Forsythe's purported basis for her termination was the failure to report a " single-vehicle, no-damage accident on September 15, 2010." (Compl. ¶ 9.) This accident allegedly involved a female driver whom Plaintiff had " counseled about sexual harassment." (Compl. ¶ 9.)
On November 3, 2010, Plaintiff filed an employment discrimination charge with the Equal Employment Opportunity Commission (" EEOC" ). (Mem. Ex. 1. [Dkt. 13-1]) In her EEOC charge Plaintiff named Forsythe Transportation as the organization which discriminated against her. (Mem. Ex. 1.) Plaintiff checked three boxes alleging discrimination based on " race," " sex" and " retaliation." (Mem. Ex. 1.) Plaintiff's charge lists the dates that the discrimination took place as between April 1, 2010 and October 9, 2010. (Mem. Ex. 1.) She did not check the box indicating that the discrimination was a continuing action. (Mem. Ex. 1.)
In the description of particulars, Plaintiff's charge states:
On or about June 12, 2009, I was hired by Forsythe Transportation as a Bus Operator. At the time of my employment termination with Forsythe I ...