Leslie Shortey sued her former employer, Kansas City Shippers Association, in the United States District Court for the District of Kansas, raising claims of discrimination under Title VII. The defendant moved to dismiss the plaintiff’s claims under Rule 12(b)(6).
Factual Overview
Leslie Shortey, proceeding pro se, was employed as a bookkeeper for Kansas City Shippers Association. She alleged that she discovered vital information being deleted and other illegal acts involving money. Shortey claimed that the Association retaliated against her after this discovery and that she was subjected to discrimination, black-balling, sabotage, and humiliation, creating a hostile work environment.
Shortey filed a grievance with the Equal Employment Opportunity Commission (EEOC), which issued her a right-to-sue letter on June 7, 2023. She filed her lawsuit on September 13, 2023, 98 days after the EEOC issued its letter.
Legal Analysis
Timeliness of the Lawsuit The court found that Shortey’s lawsuit was time-barred. Title VII requires a plaintiff to file suit within 90 days of receiving an EEOC right-to-sue letter. Even applying a five-day presumption for receipt of the letter, Shortey’s lawsuit was filed 93 days after the presumed receipt date, making it untimely.
Hostile Work Environment Claim The court determined that even if Shortey’s complaint were not time-barred, she failed to plausibly allege a hostile work environment claim. Shortey did not allege membership in a protected class, did not provide specific facts showing she was subjected to unwelcome harassment, and failed to tie any alleged harassment to her membership in a protected class.
Retaliation Claim The court found that Shortey’s retaliation claim also failed. While she alleged that she discovered and reported illegal acts, these acts were not connected to any Title VII proceeding or unlawful employment practice. Therefore, Shortey did not engage in protected activity under Title VII.
The court granted the defendant’s motion to dismiss for failure to state a claim and dismissed Shortey’s complaint.
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