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Jones v. ManorCare Health Services, Inc.

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

July 9, 2018

MAKEYTA RENEA JONES, Plaintiff,
v.
MANORCARE HEALTH SERVICES, INC., et al., Defendants.

          MEMORANDUM AND ORDER

          JEAN C. HAMILTON UNITED STATES DISTRICT JUDGE.

         This 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.

         BACKGROUND

         Plaintiff 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).[1] Plaintiff's employment was terminated on October 27, 2011. (Id.).

         Plaintiff 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 “Retaliation/Reprisal”.
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 Act….
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).

         Plaintiff 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[2], in which she alleged as follows:

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 worker's compensation.
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 ...

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