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Lott v. Maplewood Richmond Heights School District

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

June 12, 2019

JOHNNY LOTT, SR., Plaintiff,
v.
MAPLEWOOD RICHMOND HEIGHTS SCHOOL DISTRICT, et al., Defendants.

          MEMORANDUM AND ORDER

          CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE.

         Plaintiff Johnny Lott, Sr., filed this pro se employment discrimination suit against Maplewood Richmond Heights School District under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e, et seq., and the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621, et seq.[1] I will grant defendant's motion to dismiss for the reasons stated by defendant, and I will deny Lott's motion to appoint counsel.

         Background

         In his form Employment Discrimination Complaint, Lott checked that he had been discriminated against on the basis of his race and age, and he checked the spaces alleging termination of employment and retaliation. His entire statement of the claim alleges:

I file a claim for compensation for an injury. Court date was set for September-25-2018. It was settle in August around the 6-10-2018 [sic]. I was terminated on September-14-2018 for allegations of harassment and unprofessional staff conduct.

ECF 1, Complaint, p. 5. In the Request for Relief portion of the form Complaint, Lott states:

By me being terminated, loss wages, for five years: I am 60 years of age. I was planning on working untill 65 [sic]. Wages for the five years -$138, 528.00. Rough estimate.

Id. at p. 6. Lott timely filed a charge with the Equal Employment Opportunity Commission and received a right to sue letter dated October 26, 2018, which he attached to his Complaint. In response to my show cause order, Lott submitted his charge of discrimination, which reads:

I. I am an African-American who is above the age of forty (40). I was hired by Respondent, on January 12, 2012, as a Bus Driver/Courier. I have also worked for Respondent as a Custodian. My performance was satisfactory.
II. In or around June of 2012, I began to be treated less favorably than other employees due to my race and age. Throughout my tenure with Respondent, I was falsely accused of inappropriate and unprofessional staff conduct. In or around March 1, 2018, I injured my left knee on the job. My worker's compensation case was closed in 2017 [sic] and a settlement was reached in early September 2018. On September 14, 2018, I was discharged for alleged harassment of co-workers and unprofessional staff conduct.
III. I believe that I was harassed, disciplined, and discharged due to my race and my age. I also believe that I was discharged as retaliation for filing a worker's compensation claim. This, I believe, is in violation of Title VII of the Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act (ADEA).

ECF 17-1, Charge of Discrimination.[2]

         Defendant moves to dismiss Lott's Complaint under Rule 12(b)(6), Federal Rules of Civil Procedure, arguing that Lott has failed to allege facts sufficient to show he is entitled to relief on any of his claims. After Lott failed to respond to defendant's motion, I ordered him to show cause why his Complaint should not be dismissed for the reasons stated by the defendant. In response, Lott averred as follows:

If the defendant new [sic] the plaintiff had an unprofessional staff conduct, why was the plaintiff aloud [sic] to work for six years. All the charges was [sic] ...

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