United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. HAMILTON UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant ManorCare Health
Services, Inc.'s (“ManorCare”) Motion to
Dismiss Plaintiff's Second Amended Complaint for Failure
to State a Claim, filed April 24, 2018. (ECF No. 51). The
motion is fully briefed and ready for disposition.
Makeyta Jones was hired by Defendant ManorCare on October 27,
2010. (See Equal Employment Opportunity Commission
(“EEOC”) Intake Form, attached to Plaintiff's
Complaint, ECF No. 1-1, P. 10). Plaintiff's employment was
terminated on October 27, 2011. (Id.).
initiated contact with the EEOC on March 28, 2016. (ECF No.
1-1, P. 13). Despite a series of entreaties from the EEOC,
Plaintiff never returned a signed Charge of Discrimination.
In a letter dated September 19, 2016, Dana M. Engelhardt
(“Engelhardt”) of the EEOC informed Plaintiff
that as of that date, the EEOC had notified ManorCare that
Plaintiff intended to file a Charge of Discrimination.
Engelhardt stated that the EEOC could not proceed further,
however, until Plaintiff signed and returned the drafted
Charge of Discrimination previously mailed to Plaintiff.
(Id., P. 53). Engelhardt continued as follows:
As we discussed today, the information you provided does not
sufficiently support your allegations of race or disability
discrimination or retaliation as defined by the statutes
enforced by our agency. Please see the enclosed brochure
Your termination by the employer in 2011 would not be timely
filed under the statutes we enforce. Discriminatory actions
must have occurred within a 300 day time period from the date
of filing, in order to protect your private suit rights in
federal court, and also within 180 days to protect your
private suit rights under the Missouri Human Rights
The subsequent actions you describe that were taken by the
employer, within the last 300 days appear to be directly
related to your filing of a workers compensation claim. To
date, there is insufficient evidence to support that the
employer's actions were based on your race, your
disability, or retaliation as defined by the statutes we
enforce. Therefore, without further supporting evidence, an
investigation of your allegations will not be considered, and
a Dismissal and Notice of Rights will be issued upon receipt
of your signed charge of discrimination.
If you do not return a signed charge, a Dismissal and Notice
of Rights will be issued as well.
(Id., PP. 53-54). The EEOC eventually issued its
Dismissal and Notice of Rights letter on January 27, 2017.
(ECF No. 1-6).
filed her original Employment Discrimination Complaint with
this Court on April 27, 2017. (ECF No. 1). In addition to
ManorCare, Plaintiff named dozens of individuals and agencies
as Defendants. In a Memorandum and Order entered May 2, 2017,
the Court ordered Plaintiff to submit an Amended Complaint,
containing a short and plain statement of the facts she
believed entitled her to relief. (ECF No. 6). Plaintiff
submitted her Amended Complaint on August 25, 2017, in which
she asserted claims against the same parties under Title VII
of the Civil Rights Act of 1964, 42 U.S.C. § 2000e,
et seq. (“Title VII”), the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101, et
seq. (the “ADA”), the Occupational Health
and Safety Act, the Federal Tort Claims Act, the Missouri
Workers' Compensation Act, Mo.Rev.Stat. § 287.780,
as well as garden variety “fraud” and
“tort” claims. (ECF No. 14). Plaintiff attached
her unsigned Charge of Discrimination, in which she alleged as
I. I was hired by HCR Manor Care Health Systems as a
Certified Nurse's Aide on October 27, 2010. I am
African-American. I was discharged from my position on
October 27, 2011. I was injured on the job on August 8, 2011
and am now disabled as a result of the way I was treated
following my injury.
II. I believe that I was terminated from my position due to
my absences from work and in retaliation for filing a
worker's compensation claim. Since my discharge I
continue to be retaliated against by my former employer by
being denied access to my records. I most recently requested
copies of my records related to my on the job injury and my
worker's compensation claim in March 2016, and have been
denied access to these records. I believe that my employer
submitted fraudulent documents in order to deny me
III. I believe that I have been discriminated against by
being discharged and denied access to my employee records on
the basis of my race, black; and on the basis of retaliation;
in violation of Title VII of the Civil Rights Act of 1964, as