United States District Court, District of Columbia
RUDOLPH CONTRERAS, United States District Judge.
matter is before the Court on Defendant Greyhound Lines
Inc.'s Motion to Dismiss Plaintiff's Complaint, ECF
No. 11. For the reasons discussed below the motion will be
granted in part and denied in part.
Lines, Inc. (“Greyhound”) employed plaintiff as a
bus driver. See Compl. at 1; Def. Greyhound Lines,
Inc.'s Mem. of P. & A., ECF No. 11-1
(“Def.'s Mem.”) at 2. Plaintiff “was a
member of the bargaining unit whose terms and conditions of
employment are governed by a collective bargaining agreement
(‘CBA') between Greyhound and the Amalgamated
Transit Union Local 1700 (‘Union').”
Def.'s Mem. at 2; see generally id., Ex. 1
(Memorandum of Agreement).
to Greyhound, “because of a documented poor safety
record, ” Def.'s Mem. at 4, on July 9, 2015,
plaintiff entered into a Last Chance Agreement:
[Plaintiff's] employment status will be at risk during
the next one year from the date of this last chance
agreement. Therefore, [plaintiff] must observe all rules of
the Driver[']s Rule Book, and comply with all bulletins,
directives and policies, and conduct himself in a
professional and courteous manner at all times. Failure to
adhere to any portion of these instructions . . . will result
in [his] discharge . . . regardless of the type or severity
of the discipline which would otherwise have been imposed for
the infraction involved.
Compl., Ex., ECF No. 1-1 at 1. Plaintiff signed the Last Chance
Agreement, as did Mark Taylor on behalf of Greyhound and
James Kennedy on behalf of the Union, “acknowledg[ing]
that they . . . read and underst[oo]d all conditions noted in
the Agreement.” Id., Ex. at 1.
August 13, 2015, plaintiff filed a charge of discrimination
with the Equal Employment Opportunity Commission
(“EEOC”) alleging retaliation and discrimination
based on his sex occurring between November 1, 2014 and
August 13, 2015. Id., Ex. at 6 (Charge of
Discrimination No. 570-2015-01678) (“First
Charge”). He alleged:
On or about November/December 2014 my General Manager
received a text photo from my phone that an acquaintance of
mine had sent him. I also learned that another employee had
mentioned the photo in the New York break room. I addressed
this gentleman and nothing happened but someone called the
union. From this time I have suffered retaliation and sexual
orientation discrimination by my employer. My employer has
falsely written me up for multiple safety violations and I
believe it's to subject me to eventual wrongful
termination. On or about July 9, 2015, my employer sent a
letter to the union stating that if I get one more safety
violation they are going to terminate me.
I believe I have been discriminated against based on my sex
(sexual orientation) and in retaliation in violation of Title
VII of the Civil Rights Act of 1964, as amended.
Id., Ex. at 6. The EEOC issued a right-to-sue notice
on August 14, 2015. Id., Ex. At 18 (Dismissal and
Notice of Rights, EEOC Charge No. 570-2015-01678). Although
the EEOC was “unable to conclude that the information
[it] obtained establishes violations of the statutes, ”
it advised plaintiff that, if he chose to file a lawsuit in
federal court, he must do so within 90 days of his receipt of
the notice. Id., Ex. at 18.
September 9, 2015, plaintiff met with Mark Taylor, Area City
Manager, and Tammy Durham, Operational Supervisor.
Id. at 2; see Def.'s Mem. at 5. He
described the meeting as follows:
[On] Wednesday, September 9, 2015, I met with Mark Taylor,
[M]anager[, ] and Tammy Durham, Operational Supervisor, to
talk about the EEOC complaints and why I did not come to them
to address this issue. At some point, the manager became
hostile, start[ed] yelling at me about all these
accusations people are saying about me. While seated, he
place[d] his hands on the arm of the chair and lift[ed
himself] up, lean[ed] into my face, and repeated[, ] “I
am tired of these accusations, and yes!, we want to fire you,
so if you get another violation or accident, we are going
to fire you.”
Compl. at 2.
about October 7, 2015, plaintiff sought legal assistance at
the D.C. Employment Justice Center. See id., Ex. at
39-40. Plaintiff informed its staff of the September 9, 2015
meeting with Mr. Taylor, and he was advised that he could
“file a new EEO charge based on retaliation for
engaging in protected EEOC activity (filing a charge).”
Id., Ex. at 40. In addition, regarding the First
Charge, plaintiff was advised that he had “90 days to
file suit in federal . . . court, ” or by November 13,
2015. Id., Ex. at 40.
October 8, 2015, plaintiff filed a second charge of
discrimination with the EEOC:
On about October 2014, I was hired as a Bus Driver for
Greyhound. On August 13, 2015, I filed EEOC Charge
570-2015-01678. On September 9, 2015, Manager Mark Taylor
called me in to his office and yelled at me regarding my EEOC
charge and threatened to fire me. Since October 3, 2015, I
have been taken off the schedule.
I believe I have been retaliated against for engaging in
protected activity in violation of Title VII of the Civil
Rights Act of 1964, as amended.
Id., Ex. at 45 (Charge of Discrimination No.
570-2015-00051) (“Second Charge”). The EEOC
issued a right-to-sue notice on October 19, 2015.
Id., Ex. at 25 (Dismissal and Notice of Rights, EEOC
Charge No. 570-2015-00051).
submitted his resignation on or about October 31, 2015. He
filed this lawsuit on December 23, 2015, and demands, among
other relief, “financial compensation ...