United States District Court, E.D. Missouri, Eastern Division
JUDY M. ENGLAND, Plaintiff,
CENTURYTEL OF MISSOURI, LLC, et al., Defendants.
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE
matter is before the Court on Defendants' Motion to
Dismiss for Failure to State a Claim, [Doc. No. 35].
Plaintiff opposes the Motion. For the reasons set forth
below, the Motion is granted in part and denied in part.
Amended Complaint alleges that this is an action brought
pursuant to the Missouri Human Rights Act, Chapter 213, RSMo
for age and sex discrimination, as well as retaliation. The
following facts are alleged:
Plaintiff is a citizen of Missouri.
Sales Solutions is a Delaware Corporation with its principal
place of business at 100 CenturyLink Dr., Monroe, Louisiana,
71203. Embarq Management Company is a Delaware Corporation
with its principal place of business at 100 CenturyLink Dr.,
Monroe, Louisiana, 71203. “CenturyLink” is a
fictitious name listed with the Missouri Secretary of State.
The owner is listed as CenturyTel of Missouri, LLC. The
address listed is 100 CenturyLink Dr., Monroe, Louisiana,
71203. Embarq Management Company is registered with the
Missouri Secretary of State. The address listed is 100
CenturyLink Dr., Monroe, Louisiana, 71203.
January 21, 2016, Jerry Allen, CenturyLink, provided a
response to Plaintiff's service letter request.
Allen's response to Plaintiff's service letter
request was written on CenturyLink letterhead. Allen
explained in his letter that Plaintiff was
“…employed by Embarq Management Company as
manager Revenue Assurance”. Allen further explained
that Plaintiff “…when Embarq was spun off, you
continued your employment with Embarq through it being
acquired by CenturyTel and until your termination on December
of Missouri is registered as a foreign corporation, with its
principal place of business located at 100 CenturyLink Dr.,
Monroe, Louisiana, 71203, as is the parent of each of the
aforementioned entities and foreign corporations. Embarq
Management Company and/or CenturyTel of Missouri, either one
or all of them, employed Plaintiff Judy England during all
times relevant to this Complaint. Each Defendant is
registered to do business in Missouri.
any or all of them, operated a place of business at 575
Maryville Centre Drive, St. Louis, MO 63141, during all times
times relevant to this lawsuit, Defendants were employers
within the meaning of 213.010(7) RSMo. of the MHRA because
they employed more than 6 persons.
30, 2015, Plaintiff timely submitted a charge of
discrimination against Defendants with the Missouri
Commission on Human Rights (MCHR), Charge No 5602015-01152,
where she alleged Defendants unlawfully discriminated against
her based-on age and sex, and retaliation.
November 20, 2015, the MCHR issued its Notice of Right to
Sue, and Plaintiff instituted this action within 90 days of
her receipt of the Notice of Right to Sue.
April 6, 2016, the case was removed from the Circuit Court of
St. Louis County to Federal court.
was employed by Defendants from July 1997 until her
employment was terminated on December 26, 2014. Plaintiff was
a finance/revenue assurance manager. While Plaintiff was
still employed, she was treated worse than younger employees.
For example, other, younger employees were allowed to work
remotely, but Plaintiff was not. Plaintiff was also denied
her yearly 1.5% merit increase in salary in 2014, although
younger workers received their salary increase.
employed by Defendants, Plaintiff endured sexual harassment
from her supervisor, John Raphold, who would comment on her
appearance, calling her "hot" at work.
complained to her supervisors about the unfair,
discriminatory treatment she was experiencing at work.
Defendants took no action to correct the unfair
Plaintiffs employment was terminated, Defendants retaliated
against her for her complaints by reducing her pay and giving
false negative references to Plaintiffs prospective