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Lawrence v. Global Linguist Solutions LLC

United States District Court, Fourth Circuit

December 19, 2013

AMANDA LAWRENCE Plaintiff,
v.
GLOBAL LINGUIST SOLUTIONS LLC, Defendant.

MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

This matter is before the Court on Defendant Global Linguist Solutions, LLC's ("Defendant" or "GLS") Motion to Dismiss. [Dkt. 29.] For the following reasons, the Court will grant Defendant's Motion to Dismiss.

I. Background

This case arises out of a former employee's claims of gender discrimination, hostile work environment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq . ("Title VII").

A. Factual Background

Plaintiff Amanda Lawrence ("Plaintiff") is an American citizen formerly employed by GLS in Kuwait. (Compl. ¶¶ 24, 26.) Defendant GLS is a Delaware corporation that maintains a facility on a military base in Kuwait. (Compl. ¶ 35.)

In March 2009, Plaintiff moved to Kuwait as an employee of another company. (Compl. ¶ 30.) In May 2009, Plaintiff met Todd Lawrence ("Mr. Lawrence"), GLS's manager for linguistics in the Middle East. (Compl. ¶ 32.) Plaintiff and Mr. Lawrence married in January 2010 and Plaintiff became employed by GLS in September 2010. (Compl. ¶¶ 33, 34.) That same month, Plaintiff and Mr. Lawrence moved into housing provided by GLS in Kuwait. (Compl. ¶ 36.)

Plaintiff alleges that beginning in the fall of 2010 Mr. Lawrence began to physically abuse her. (Compl. ¶¶ 37-40.) Plaintiff alleges that she informed supervisors at GLS about this abuse, but no corrective action was taken. (Compl. ¶¶ 40-45.) In July 2010, Mr. Lawrence moved out of the apartment he and Plaintiff shared and asked for a divorce. (Compl. ¶ 47.)

Plaintiff alleges that beginning around July 2011, GLS managers subjected her to a changed work schedule, that she received a rude phone call from a manager after a meeting regarding working hours and the costs of transportation, and that she was instructed to cease communications with Mr. Lawrence or she would be fired and have her security clearance canceled. (Compl. ¶¶ 51, 53, 64.) Additionally, Plaintiff alleges that she was accused of leaving work early and received harassing calls about having the desk she staffed covered at all times. (Compl. ¶¶ 78, 80, 81.)

In late October or early November 2011, GLS fired Plaintiff. (Compl. ¶ 85.) Plaintiff alleges that she was subjected to further harassment and retaliation in the termination process. Plaintiff avers that GLS improperly withheld her passport and wrongfully changed her termination from a reduction in force ("RIF") to a termination for cause, preventing her from receiving unemployment benefits. (Compl. ¶¶ 100, 106-108.) Plaintiff alleges that GLS replaced her with a male employee. (Compl. ¶ 119.)

On May 15, 2012, Plaintiff filed a Charge of Discrimination with the United States Equal Employment Opportunity Commission ("EEOC"). (Compl. ¶ 15.) On June 28, 2012, the EEOC issued a Notice of Right to Sue. (Compl. ¶ 17.) Plaintiff filed this action in the United States District Court for the Southern District of Georgia on September 27, 2012, within 90 days of her receipt of the Notice of Right to Sue. [Dkt. 1.]

B. Procedural Background

On September 27, 2012, Plaintiff filed her Complaint against GLS in the United States District Court for the Southern District of Georgia. [Dkt. 1.] On February 8, 2013, GLS filed its Motion to Dismiss Pursuant to Rule 12(b)(2), (3) and (6) or, in the Alternative to Transfer. [Dkt. 7.] On September 25, 2013, the Honorable J. Randal Hall granted in part and denied in part Defendant's motion and directed the clerk to transfer this case to the United States District Court for the Eastern District of Virginia, Alexandria Division. [Dkt. 18.]

On November 22, 2013, Defendant filed its Motion to Dismiss. [Dkt. 29.] Plaintiff filed her opposition to Defendant's Motion to Dismiss on December 5, 2013. [Dkt. 37.] Defendant ...


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