United States District Court, W.D. Virginia, Roanoke Division
DYLAN L. TYREE, Plaintiff,
GCA SERVICES GROUP, INC. Defendants.
Glen E. Conrad Senior United States District Judge Dylan L.
Tyree, proceeding pro se, filed this action against his
former employer, GCA Services Group, Inc. ("GCA").
Tyree's amended complaint asserts claims of
discrimination and retaliation under Title VII of the Civil
Rights Act of 1964 ("Title VII"), 42 U.S.C.
§§ 2000e to 2000e-17, and related claims under
state law. GCA has moved to dismiss the amended complaint,
pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules
of Civil Procedure. For the following reasons, the motion
will be granted.
following facts, taken from Tyree's amended complaint,
are accepted as true for purposes of the defendants'
motion to dismiss. See Erickson v. Pardus, 551 U.S.
89, 94 (2007) ("[W]hen ruling on a defendant's
motion to dismiss, a judge must accept as true all of the
factual allegations contained in the complaint.").
a corporation based in Ohio that provides janitorial services
in a variety of sectors, including school systems. Tyree, an
African-American resident of Roanoke, Virginia, began working
for GCA in January of 2014. At the time of his initial
interview, Tyree was promised the opportunity to quickly
advance in the company and earn $13.00 per hour within three
two years later, Tyree's pay increased to $18.00 per hour
after he agreed to temporarily relocate from Roanoke to
Chesterfield, Virginia. Tyree alleges that the company
offered to make him an account manager, or transfer him to
Florida, if he was able to succeed in improving the
cleanliness of a particular school. Although Tyree achieved
the desired goal, he was not offered a new position with GCA.
alleges that he was "overworked" while working in
Chesterfield, and that he "continued to be overworked
after returning to the Roanoke area." IcL at 15. Tyree
indicates that his employment conditions were problematic and
stressful, because of the lack of staff, inexperienced
workers, language barriers, disgruntled workers, and wear and
tear on his vehicle. His efforts to resolve these issues were
working in Chesterfield, Tyree stayed in a hotel room at
GCA's expense. However, GCA occasionally failed to pay
the hotel bill. As a result, Tyree was "put out of the
Hampton Inn" and forced to move to another hotel that
was "filthy." Id. at 17.
claims that he "faced retaliation because he was being
paid more than some of the employees who had worked for the
company for several years." Id. In particular,
Tyree alleges that he was given a "more burdensome work
schedule, with an increase in his workload, while
work-related assistance decreased." Id. at
17-18. Tyree alleges that the "excessive, strenuous and
constant exertion of physical activity while working with
GCA" caused him to experience pain in the groin area,
and that he continues to deal with the pain on a daily basis.
Id. at 18.
Tyree relocated back to Roanoke, GCA arranged for him to stay
in a motel because he no longer had an apartment there.
Tyree's vehicle then broke down and he was forced to
lease another vehicle. Tyree emphasizes that "GCA would
not help [him] with getting an apartment, " and instead
gave him $400.00 to use towards the deposit for a room in a
boardinghouse. Id. at 20. Tyree claims that GCA used
this as a tactic to force him to quit, and that he had no
choice but to resign from the company in April of 2016.
three months later, Tyree reapplied to work for GCA. Tyree
was informed that his application was denied due to his
criminal background. Id. at 5. Tyree emphasizes that
he was convicted of a drug offense more than seven years ago,
and that he therefore had the same criminal record when he
was first hired to work for the company. Tyree cites to the
Equal Employment Opportunity Commission's
("EEOC") guidance concerning the use of criminal
records in the employment context, which indicates that an
employer's neutral policy on criminal conduct "may
disproportionately impact some individuals protected under
Title VII, and may violate the law if not job related and
consistent with business necessity (disparate impact
liability)." Id. at 6 (quoting EEOC Enforcement
Guidance No. 915.002, Consideration of Arrest and
Conviction Records in Employment Decisions Under Title VII of
the Civil Rights Act of 1964, available at
indicates that he filed a charge of discrimination with the
EEOC on October 5, 2016. Id. at 2. On April 18,
2017, the EEOC dismissed the charge and notified Tyree of his
right to sue. Id. at 3.
filed the instant action against GCA on July 14, 2017. On
October 23, 2017, Tyree filed an amended complaint. In the
amended complaint, Tyree indicates that he is asserting the
A) Discrimination Based on My Criminal ...