The opinion of the court was delivered by: J. Phil Gilbert District Judge
This matter comes before the Court on Defendant Lowe's Home Centers, Inc.,*fn1 (hereinafter "Lowe's") Motion to Dismiss (Doc. 40) and Memorandum (Doc. 41) in support thereof. Specifically, Lowe's seeks dismissal of Compton's claims of gender discrimination, race discrimination and retaliation. Plaintiff Dwonka Elaine Compton (hereinafter "Compton") filed a Response (Doc. 42).
For the following reasons, the Court, inter alia, GRANTS in part and DENIES in part the instant motion.
For purposes of a motion to dismiss, courts must accept all factual allegations in the complaint as true and draw all reasonable inferences from those facts in favor of the plaintiff. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007); Tricontinental Indus., Ltd. v. PricewaterhouseCoopers, LLP, 475 F.3d 824, 833 (7th Cir. 2007). The Court, accepting all of Compton's factual allegations as true and drawing all reasonable inferences in her favor, finds as follows.
Compton, an African American female,*fn2 was employed at least from February of 2007 until July 27, 2007, by Lowe's. On February 20, 2007, Compton was given a verbal reprimand. On March 15, 2007, Compton was actually written-up, and she thereafter reported to the corporate office of Lowe's that Rick Hedge (hereinafter "Hedge"), administrative manager and Compton's supervisor, was being unfair to her. On April 2, 2007, after returning from a week of approved training, Compton was again written-up by Hedge. Compton stated she was written-up because the store failed an audit. When Compton was away from the store, Hedge was responsible for making sure all of her daily tasks were completed. Hedge failed to perform these daily tasks. When the store failed the audit, Compton was the sole person blamed. Several other departments have failed their audits, but Compton is not aware of anyone else being written-up as a result.
On April 17, 2007, Compton was again written-up by Hedge. The write-up stated that Compton was not working a discrepancy report on a daily basis. Compton told Hedge this was not true, but he continued the write-up process. Compton has screen print-outs and e-mails that prove she was working on the report on a daily basis. She reported to Lowe's corporate office that Hedge was a racist and chauvinist, which she also discussed with Lowe's area human resource manager.
II. Relevant Procedural Posture
On August 9, 2007, Compton filed a charge of discrimination form with the Illinois
Department of Human Rights and Equal Employment Opportunity Commission (hereinafter "EEOC"). Following completion of the administrative process, Compton received a right to sue notice from the EEOC.
On August 14, 2008, Compton filed a lawsuit with this Court, alleging employment discrimination against Lowe's under Title VII of the Civil Rights Act of 1964 (hereinafter "Title VII"), 42 U.S.C. § 2000e, et seq. Specifically, Compton alleges the following: gender discrimination, race discrimination and retaliation. Shortly thereafter, Lowe's filed the instant motion which seeks to dismiss the Complaint (Doc. 2) in its entirety. Federal Rule of Civil Procedure 12(b)(6) serves as the basis of said motion for purported failure to state a claim upon which relief can be granted.
I. Motions to Dismiss ...