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England v. Centurytel of Missouri, LLC

United States District Court, E.D. Missouri, Eastern Division

July 28, 2017

JUDY M. ENGLAND, Plaintiff,
v.
CENTURYTEL OF MISSOURI, LLC, et al., Defendants.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

         This 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.

         Facts and Background

         Plaintiff's 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.

         CenturyLink 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.

         On 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 27, 2014.”

         CenturyTel 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.

         Defendants, any or all of them, operated a place of business at 575 Maryville Centre Drive, St. Louis, MO 63141, during all times relevant.

         At all 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.

         On July 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.

         On 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.

         On April 6, 2016, the case was removed from the Circuit Court of St. Louis County to Federal court.

         Plaintiff 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.

         While employed by Defendants, Plaintiff endured sexual harassment from her supervisor, John Raphold, who would comment on her appearance, calling her "hot" at work.

         Plaintiff complained to her supervisors about the unfair, discriminatory treatment she was experiencing at work. Defendants took no action to correct the unfair discriminatory treatment.

         After Plaintiffs employment was terminated, Defendants retaliated against her for her complaints by reducing her pay and giving false negative references to Plaintiffs prospective employers, ...


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