United States District Court, D. Columbia.
For FAUSTINA ABEBIO, Plaintiff: Alan Lescht, Constance Travanty, LEAD ATTORNEYS, ALAN LESCHT & ASSOCIATES, Washington, DC.
For G4S GOVERNMENT SOLUTIONS, INC., Defendant: Robin Celeste Terry, Teresa Burke Wright, LEAD ATTORNEYS, JACKSON LEWIS LLP, Reston, VA.
AMY BERMAN JACKSON, United States District Judge.
Plaintiff Faustina Abebio brings this diversity action against defendant G4S Government Solutions, Inc., alleging that defendant discriminated against her on the basis of her family responsibilities in violation of the District of Columbia Human Rights Act (DCHRA), D.C. Code § 2.1401.01 et seq., when defendant terminated her employment. Defendant has moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Def.'s Mot. to Dismiss [Dkt. # 4] (" Def.'s Mot." ); Def.'s Mem. in Supp. of Mot. to Dismiss [Dkt. #4] (" Def.'s Mem." ). Because the Court finds that plaintiff has failed to state a plausible claim that defendant terminated her employment because of her family responsibilities, the Court will grant defendant's motion to dismiss.
Plaintiff was employed by defendant as a Special Police Officer from December 8, 2008 until her termination on or about February 5, 2014. Compl. [Dkt. # 1-1] ¶ 6. Beginning on March 20, 2012, plaintiff was assigned to the night shift at 441 G Street N.W. from 10:00 p.m. to 6:00 a.m., Saturday through Wednesday. Id. ¶ ¶ 7-8. Plaintiff is a single mother and the primary caregiver to four children, ages eleven, nine, five, and two, and she relied on her cousin to care for her children while she was at work. Id. ¶ ¶ 10-11.
According to plaintiff, she was working her regular shift on January 15, 2014 when an individual identified only as " Seargent [sic] James"  informed her that she would
need to extend her shift until 10:00 a.m. because no one was available to cover the next shift. Id. ¶ 12. Plaintiff responded that she would only be able to stay until 8:00 a.m. because plaintiff's cousin would be leaving for work, and plaintiff needed to return home to her children. Id. ¶ 13. Plaintiff does not indicate what, if anything, Sergeant James said in response.
Around 6:30 a.m., plaintiff took her break and called home. Id. ¶ 14. Because no one answered, plaintiff assumed that her cousin had already left for work, and she requested another break at 7:00 a.m. to call home again. Id. ¶ ¶ 14-15. That time, plaintiff's nine-year-old daughter answered the phone and tearfully informed plaintiff that her two-year-old son had hit his head and was bleeding. Id. ¶ 15. Plaintiff went to Captain McKinney's office and explained what happened, telling him that she " needed to leave due to a family emergency." Id. ¶ 16. Plaintiff further stated that " due to her concerns about her children's safety her mind was not at work, she would not be able to focus, and she did not believe it was a good idea for an armed officer to be at work in her emotional state." Id. Captain McKinney sent plaintiff home and informed her that he was removing her name from the schedule for the time being. Id. ¶ 17.
On January 24, 2014, Captain McKinney asked plaintiff to come in to meet with the Project Manager, Joe Ordona, and a union representative. Id. ¶ 18. Ordona informed plaintiff that she was being placed on administrative leave pending the results of a fitness for duty test, and that due to plaintiff's statement that she was unable to carry a weapon, she would need to undergo a psychiatric evaluation and sign a medical release or she would be removed from the client contract. Id. Plaintiff signed the release and met with a psychiatrist three days later. Id. ¶ 19. Plaintiff alleges that after she described the January 15 incident, the psychiatrist stated that " she didn't know why [p]laintiff had been required to come in because she was fine," and that the doctor conveyed this finding to plaintiff's union representative. Id. ¶ 20. Plaintiff also completed and passed a 569 question exam. Id.
Plaintiff was instructed to return to her regular shifts on February 3 and 4, 2014. Id. ¶ ¶ 21-22. On February 5, 2014, plaintiff requested a copy of the psychiatrist's report from Captain McKinney, but was told that defendant was not permitted to release a copy to her. Id. ¶ 23. Later that day, Captain McKinney informed plaintiff that he was again removing her from the schedule and was forwarding the psychiatrist's report to the client. Id. ¶ 24. That same day, plaintiff was informed by her union ...