Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bryson v. DLP Twin County Regional Healthcare, LLC

United States District Court, W.D. Virginia, Roanoke Division

October 20, 2016

CASSAUNDRA L. BRYSON, Plaintiff,
v.
DLP TWIN COUNTY REGIONAL HEALTHCARE, LLC, Defendant.

          MEMORANDUM OPINION

          Elizabeth K. Dillon United States District Judge

         Plaintiff Cassaundra L. Bryson has sued her former employer, DLP Twin County Regional Healthcare, LLC (the “Hospital”), alleging that she was subjected to a racially discriminatory workplace and terminated as a result of race discrimination and in retaliation for reporting the discrimination. Her complaint asserts two counts: (1) a claim of racial discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq., ; and (2) a claim of retaliation under Title VII. (See generally Compl., Dkt. No. 1.)

         The Hospital filed a motion for partial dismissal pursuant to Federal Rule of Civil Procedure 12(b)(1). (Dkt. No. 6.) The motion has been fully briefed and no party has requested a hearing, so it is ripe for decision. For the reasons set forth herein, the motion will be granted in part and denied in part.

         I. BACKGROUND

         The facts are based on Bryson's complaint, and the court accepts the well-pleaded, nonconclusory factual allegations in the complaint as true when ruling on a motion to dismiss. Aziz v. Alcolac, Inc., 658 F.3d 388, 391 (4th Cir. 2011); Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir. 2008).

         Bryson began working for the Hospital in August 2011 and worked there until she was terminated in April 2014, allegedly due to “unsatisfactory work performance.” (Compl. ¶¶ 7, 22.) Bryson, who is Caucasian, is married to an African-American male, and they have biracial children. (Id. at ¶¶ 6, 11, 16; Dkt. No. 1-1 at 3.) Her complaint alleges that she was subjected to harassing and unbearable working conditions relating to her marriage to an African-American “[d]uring her entire period of employment.” (Compl. ¶ 9.)

         Her complaint references conversations between co-workers in her presence-as well as comments made directly to her, including by her immediate supervisors-that included negative and offensive comments regarding interracial dating.[1] (Id. at ¶¶ 11-19.) The complaint also refers to co-workers' making negative comments about an African-American patient and her family. (Id. at ¶ 13.) The complaint further alleges that, although the Hospital employs over 100 people, none of its employees are African-American. (Id. at ¶ 10.) When she complained about co-workers' comments about African-Americans, her supervisor at the time told her, “You know where you live. You need to let these things roll off your back.” (Id. at ¶ 14.) Also, the day after Anderson saw Bryson and her husband at a grocery store, Anderson commented, “Boy, your husband is black, really dark, isn't he?” (Id. at ¶ 19.) Although Bryson complained directly to her supervisors at various points, she later also complained to the Hospital's Human Resources Department.

         She claims that, after several complaints to HR, she was issued a write-up by her supervisor for “inaccurate time sheets.” (Id. at ¶ 20.) She was subsequently fired over this issue, and claims that her co-workers' time sheets had similar problems, but they were not disciplined or terminated. (Id. at ¶¶ 20-22.)

         After she was terminated, she filed a charge of discrimination with the EEOC. (Dkt. No. 1-1.) On the charge form, she checked only the box for “race” and not for “retaliation.” In describing the basis for her race discrimination claim, she stated:

. . . During my employment I was exposed to negative comments about interracial marital relationships and interracial children. In particular, Kippy Anderson, Home Health Director, kept questioning me about that particular topic. My employment was terminated on April 29, 2014.
. . .
I believe I was harassed as described above and discharged based on my race, White, in violation of Title VII of the Civil Rights Act of 1964, as amended, because I have an interracial family.

(Dkt. No. 1-1 at 3.) The EEOC subsequently issued her a notice of right to sue on February 22, 2016. This ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.