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Carlisle v. Staffing Solutions Southeast, Inc.

United States District Court, E.D. Tennessee

May 24, 2017

MARCUS DAWANELL CARLISLE, Plaintiff,
v.
STAFFING SOLUTIONS SOUTHEAST, INC. d/b/a PROLOGISTIX, and WACKER POLYSILICON, N.A., LLC, Defendants.

          MEMORANDUM OPINION

         Marcus Dawanell Carlisle, acting pro se, has brought this action against his former employers alleging racial harassment and constructive discharge.

         Pending before the court are the defendants' motions for judgment on the pleadings [R. 10, 25]. Because Carlisle has not alleged facts establishing a violation of Title VII, defendants' motions will be granted and this action dismissed in its entirety.

         I. Background

         On May 7, 2014, Carlisle began working at Prologistix as a Logistics Operator at Wacker Polysilicon, located in Charleston, Tennessee. Carlisle is African-American. Carlisle states he received satisfactory performance evaluations and received no disciplinary actions during his employment. Prior to the incidents at issue, Carlisle was aware of two individuals who were terminated by defendants for harassment in the workplace.

         On February 9, 2015, a white male employee made a comment in the breakroom before shift that he disliked President Obama and “he can't wait until his sorry ass is out of office.” Carlisle asked the employee to clarify what he meant when he said he disliked the President, and the employee replied that he “just didn't like him and didn't care anything for him.” Carlisle states nothing further was said, but he was offended by the comments.

         On February 10, 2015, while working near three white males, Carlisle overheard one of them say, “It's all good in the neighborhood.” A second man replied, “It's all good in the ‘hood, ' as Marcus would say.” This comment angered Carlisle, so he reported it to the warehouse supervisor, Bob McCay, along with the comments regarding President Obama. McCay told Carlisle he would take care of the matter and the incidents would be documented.

         On February 11, 2015, Carlisle reported the comments to Elaine Creeden, Human Resource Manager. Creeden informed Carlisle she would be on site the following day to do an investigation and obtain written statements from the individuals. The next day, Creeden called Carlisle and reported that “none of the guys could remember the comment that Becker said about you; and if anything was said, that you probably took it the wrong way.” She suggested that Carlisle “just let it go and put it behind you and continue to work with everyone up there as a team like before, so that things can go back to the way they were before all this came about. We all have a good thing going with Wacker, let's not mess it up.” Carlisle states he returned to work on February 13, 2015, feeling mentally and emotionally depressed. After speaking to his supervisor, McCay, Carlisle clocked out and returned home. He notified Creeden via phone that it was “in the best of my interest to end my employment with the two companies out of fear for my safety and the possibility of retaliation from others.” Carlisle states he was made to feel more like the problem instead of the victim.

         Carlisle returned his ID badge, uniform, and miscellaneous work items to Creeden on February 16, 2015. Creeden provided him with a Notice of Separation which gave the reason for his termination as “Quit”.

         On May 25, 2015, Carlisle filed complaints against defendants with the Tennessee Human Rights Commission. On June 2, 2016, he received a Right to Sue letter from the EEOC. Carlisle filed the instant complaint on August 9, 2016.

         Carlisle alleges defendants failed to prevent racial harassment in a hostile workplace after he reported the incidents concerning the alleged derogatory/stereotypical comments that were made in his presence, resulting in his constructive discharge.

         II. Motion for Judgment on the Pleadings

         The defendants move for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). Motions for judgment on the pleadings pursuant to Rule 12(c) are analyzed under the same standard as motions to dismiss pursuant to Rule 12(b)(6). See Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291, 295 (6th Cir. 2008). To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Id. A pleading that merely offers “labels and conclusions, ” or a “formulaic recitation of the elements of a cause of action will not do.” Bell Atlantic v. Twombly, 550 U.S. 544, 555 (2007). The court does not need to accept as true unwarranted inferences, unreasonable conclusions, or arguments. In re Travel Agent Comm'n Antitrust Litig., 583 F.3d 896, 903 (6th Cir. 2009). Additionally, in reviewing a Rule 12(b)(6) motion to dismiss, a court may look to documents attached to the motion to dismiss that are integral to the complaint and authentic, and may also take judicial notice of matters of public record. Weiner v. Klais & Co., Inc., 108 F.3d 86, 89 (6th Cir. 1997). Although the court is obligated to liberally construe a pro se plaintiff's allegations, the court is not required to accept a pro se plaintiff's contentions as true, and cannot ignore a failure to allege facts which set forth a cognizable claim. Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989).

         III. Analysis

         Defendants assert, even accepting all of Carlisle's factual allegations as true, the complaint fails to state a claim upon which relief can be granted. Specifically, defendants argue the alleged facts do not rise to the level necessary under ...


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