Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Young v. Gca Services Group

United States District Court, Seventh Circuit

July 19, 2013

JENMERY C. YOUNG and ESPERANZA G. CALMES, Plaintiffs,
v.
GCA SERVICES GROUP, Defendant.

REPORT AND RECOMMENDATION

DAVID G. BERNTHAL, Magistrate Judge.

Plaintiffs Jenmery Young and Esperanza Calmes bring claims of national origin discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), and intentional infliction of emotional distress under Illinois law, against their former employer Defendant GCA Services Group, alleging that Defendant discriminated against them and caused them emotional distress by prohibiting them from speaking their native language while at work. Jurisdiction is proper under 28 U.S.C. § 1331, as Plaintiffs' Title VII claims raise a federal question. The Court exercises supplemental jurisdiction over Plaintiffs' state law claims, pursuant to 28 U.S.C. § 1367(a).

In January 2013, Defendant filed a Motion to Dismiss Plaintiffs' Claims of Constructive or Retaliatory Discharge in Counts I & II and Plaintiffs' Claims of Intentional Infliction of Emotional Distress in Counts III & IV Pursuant to Fed.R.Civ.P. 12(b)(6), or Alternatively, Motion to Strike Pursuant to 12(f) (#13). Shortly thereafter, Plaintiffs filed a Memorandum in Opposition (#20). In February 2013, Defendant filed a Motion for Leave to File Brief Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss (#25), to which Plaintiffs filed a surreply (#25). Later in February, Defendant filed a Motion for Leave to Supplement Motion to Dismiss or Strike (#24).

After careful consideration of the parties' pleadings and memoranda, including Defendant's reply and Plaintiffs' surreply, the Court recommends that Defendant's Motion to Dismiss Plaintiffs' Claims of Constructive or Retaliatory Discharge in Counts I & II and Plaintiffs' Claims of Intentional Infliction of Emotional Distress in Counts III & IV Pursuant to Fed.R.Civ.P. 12(b)(6), or Alternatively, Motion to Strike Pursuant to 12(f) (#13) be GRANTED IN PART and DENIED IN PART; Defendant's Motion for Leave to File Brief Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss (#21) be GRANTED; and Defendant's Motion for Leave to Supplement Motion to Dismiss or Strike (#24) be DENIED.

I. Background

The Court takes the following relevant background from Plaintiffs' Complaint (#1), accepting all well-pleaded allegations as true. See AnchorBank, FSB v. Hofer, 649 F.3d 610, 614 (7th Cir. 2011).

Plaintiffs Jenmery Young and Esperanza Calmes are of Filipino national origin, and their native language is Tagalog. Plaintiffs worked for Defendant as housekeepers at a factory in Decatur, Illinois.

Defendant hired Young in November 2010. On November 27, 2011, Young's supervisor, Tracy Mashburn, instructed Plaintiff to refrain from speaking in her native language at work. On December 1, 2011, manager Deborah Pate told Plaintiff that she must speak English at work at all times. On December 2, 2011, Pate told Young and all other housekeeping workers present that they must speak English at work at all times. On December 8, 2011, Mashburn warned Young that she would be fired if she continued to speak in her native language. Young alleges that, after these warnings from her supervisors, she felt like a second-class employee and experienced a hostile work environment. On December 16, 2011, Defendant fired Young. Young alleges that, although Defendant did so under the pretext of non-compliance with a work order, Defendant actually fired her in retaliation for filing a charge with the EEOC.

Defendant hired Calmes in August 2011. On November 28, 2011, Pate informed Calmes and other housekeeping workers that they must speak English at all times at work. Calmes alleges that, after receiving this warning, she felt like a second-class employee and experienced a hostile work environment. She resigned on March 9, 2012, "due to the increasing pressure from her employer to refrain from speaking in her native language and only speak in English while at work." (#1, ¶ 19.)

On January 6, 2012, Young filed a Charge of Discrimination with the Illinois Department of Human Rights (IDHR) and the EEOC. The Charge of Discrimination included the following narrative statement:

I was hired by Respondent in or around November of 2011.[1] My job title was Housekeeper. During my employment, I have been directed to speak English only at all times while in the workplace.
I believe that I have been discriminated against because of my national origin, Philippines, in violation of Title VII of the Civil Rights Act of 1964, as amended.

(#13-1.) The Charge listed the latest date of discrimination as November 12, 2011, and the box for "continuing action" was not checked. On June 26, 2012, the EEOC issued Young a Notice of Right to Sue.

On January 9, 2012, Calmes filed a Charge of Discrimination with the IDHR and the EEOC. The Charge of Discrimination included the following narrative statement:

I was hired by Respondent on or about August 25, 2011. My job title is Housekeeper. During my employment, I have been directed to speak English ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.