Mealey's (June 16, 2016, 2:06 PM EDT) -- TAMPA, Fla. — A Florida federal judge on June 15 denied hotel franchisors’ motion to dismiss a second amended complaint alleging that they subjected African-American employees to racially discriminatory and harassing treatment (Gwendolyn Miller, et al. v. Stickbay Inc., et al., No. 8:15-cv-2040, M.D. Fla.; 2016 U.S. Dist. LEXIS 77925).
(Order available. Document #98-160712-007R.)
U.S. Judge Virginia M. Hernandez Covington of the Middle District of Florida said that she accepts the plaintiffs’ factual allegations and that at this stage of the litigation, they are sufficient to withstand a motion to dismiss.
Defendants Days Inn Worldwide Inc. and Wyndham Worldwide Operations Inc. (the Wyndham defendants) filed a motion to dismiss the complaint on March 28.
Plaintiffs Gwendolyn Miller, Henrietta Devine, Latoya D. Mingo, Terrance D. Hayes, Rashad D. Gordon, Charlena S. Williams, Sonia S. Cargile, Melesa D. Thompson, Charles D. Williams, Betty Stewart and Henry J. Smith filed a response in opposition to the motion to dismiss on April 18.
Claims
Defendants Stickbay Inc. and Mitch & Murray Hotels Inc. are franchisees of the Wyndham defendants that operate a Days Inn in Tampa. Defendant Jamil Kassam is the president of Stickbay and Mitch & Murray Hotels, and he employed the plaintiffs as housekeeping and maintenance employees.
The plaintiffs claim that they endured, on a frequent basis, racially discriminatory and harassing treatment during their employment, including racially derogatory comments, allowing only non-African-American employees to use cell phones while working, significantly reduced work hours and more menial and labor-intensive work than non-African-American employees.
Twyla Sampson, a plaintiff who has settled out of the case, was a housekeeping supervisor who, on behalf of herself and all plaintiffs, complained to the defendants about the treatment. Several plaintiffs then filed charges of discrimination with the U.S. Equal Employment Opportunity Commission and the Florida Commission on Human Relations, complaining of racial discrimination and unfair treatment in the workplace. Plaintiff Charlena Williams complained to the Occupational Safety and Health Administration about health and safety violations at the hotel.
The plaintiffs claim that they were “discriminated against and subsequently terminated on the basis of their race, African-American, retaliated against for forging complaints of unlawful activity, and replaced by non-African-American employees.” The plaintiffs filed a lawsuit in the 13th Judicial Court for Hillsborough County on July 30, 2015, alleging violation of Title VII of the Civil Rights Act of 1964 and other statutes. The case was removed to federal court on June 30, 2015, based on the presentation of a federal question. They filed their second amended complaint on Feb. 15.
Motion To Dismiss
The Wyndham defendants moved to dismiss under Federal Rules of Civil Procedure 8(a)(2) and 12(b)(6), alleging that the second amended complaint has no facial plausibility because it lacks factual content and contains mere legal conclusions. Judge Covington disagreed.
“Having reviewed the Second Amended Complaint, the Court determines that Plaintiffs have provided sufficient factual allegations to meet the pleading standards articulated in [Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)],” Judge Covington wrote. “The Complaint gives the Wyndham Defendants notice of what Plaintiffs’ claims are and the grounds on which the claims rest.
“The Wyndham Defendants submit Plaintiffs failed to allege facts demonstrating they were Plaintiffs’ employers. Because Plaintiffs are not seeking to impose liability on the Wyndham Defendants as joint employers, there is no need to allege such facts. . . . At this stage of the case, the Court accepts Plaintiffs’ factual allegations and determines that they are sufficient to withstand Defendants’ Rule 8(a)(2) and 12(b)(6) Motion to Dismiss.”
Counsel
The plaintiffs are represented by Charles M. Holloman II of Holloman Law and Kamilah L. Perry of The Perry Law Group, both in Tampa.
Stickbay and Kassam are represented by Helen Anne Palladeno and Vanessa Arun Patel of Ogletree Deakins Nash Smoak & Stewart in Tampa.
Mitch & Murray Hotels, Days Inn Worldwide and Wyndham Worldwide Operations are represented by Palladeno.
(Additional documents available: Notice of removal. Document #98-160712-008N. Second amended complaint. Document #98-160712-009C. Motion to dismiss complaint. Document #98-160712-010M.)...