Plaintiff Franklin Douglas Bryant, Jr. sued defendant JK Concrete Construction and Operative Plasterers’ and Cement Masons’ Local Union 518 in the United States District Court for the Western District of Missouri, raising claims of race and disability discrimination in violation of Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA). The court is considering JK Concrete’s motion to dismiss or alternatively for summary judgment, and Local 518’s motion to dismiss.
Factual Overview
In March 2022, Bryant filed administrative charges of discrimination against the defendants, alleging disability discrimination for being sent inappropriate and aggressive text messages by his foreman for missing work due to a medical examination. Despite reporting these messages to Local 518, Bryant claims the union refused to act and suggested he could move to a different company out of state. After receiving his right to sue letters, Bryant filed this pro se lawsuit, asserting claims under both Title VII and the ADA, with additional allegations of covert and overt racism experienced in the construction industry.
Legal Analysis
Title VII Claims: The court dismissed Bryant’s Title VII race discrimination claims against both JK Concrete and Local 518 for failure to exhaust administrative remedies. Bryant’s administrative filings only addressed disability discrimination, without checking the box for race discrimination or providing a narrative that would put defendants on notice of such a claim.
ADA Claim Against JK Concrete: JK Concrete argued for dismissal of Bryant’s ADA claim on the grounds that it does not qualify as an “employer” under the ADA, having less than fifteen employees. The court converted JK Concrete’s motion to dismiss into a motion for summary judgment, considering an affidavit provided by JK Concrete. Bryant failed to provide counter evidence or request more time to obtain evidence, leading the court to grant summary judgment for JK Concrete on the ADA claim due to the lack of employer status under the ADA. The granted Defendant’s motion to dismiss and dismissed JK Concrete as a defendant, with the only remaining claim being Bryant’s ADA claim against Local 518.
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