198 A.3d 17
R.I.2018Background
- Plaintiff Augustina Mokwenyei alleged Rhode Island Hospital terminated her in 2013 due to race, ancestral origin, and age, and filed FEPA and RICRA claims in 2016 after obtaining a right-to-sue letter from the Rhode Island Commission for Human Rights (the commission).
- Plaintiff filed an April 10, 2015 letter from counsel requesting a right-to-sue letter; the commission faxed back a standard form requesting plaintiff’s original signature, which was not returned within the two-year statutory window because of counsel’s oversight.
- The commission ultimately issued a right-to-sue letter on July 22, 2016, and plaintiff filed in Superior Court within the 90-day period after receipt.
- Defendant and the commission moved to dismiss the FEPA claim for failure to timely and properly request the right-to-sue letter; the Superior Court granted dismissal after considering correspondence outside the complaint.
- The Supreme Court treated the dismissal as having been converted to summary judgment (because the hearing justice relied on external documents) and reviewed de novo whether plaintiff’s April 2015 request satisfied the statutory timing requirement despite not using the commission’s preferred form/signature procedure.
- The Supreme Court held that the statute (§ 28-5-24.1) prescribes only a timing requirement and that plaintiff did request the right-to-sue within the statutory period; because the commission eventually issued the letter and plaintiff timely filed suit, summary judgment for defendant and the commission was erroneous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a right-to-sue request must be in the commission's specific form (with original signature/acknowledgment) to be timely | Mokwenyei: her April 10, 2015 request was timely under § 28-5-24.1; the commission failed to issue the letter within 30 days | Hospital/Commission: April 10 letter was inadequate (no personal signature/acknowledgment); plaintiff failed to return the commission's form within two years | Held: Statute prescribes only timing; plaintiff timely requested and ultimately received the letter, so dismissal was erroneous |
| Whether Superior Court properly granted a Rule 12(b)(6) dismissal after relying on documents outside the complaint | Mokwenyei: objection noted timely request; relied on evidence showing request and later issuance | Hospital/Commission: relied on attached correspondence to show defect in form/timing | Held: Considering extrinsic documents required conversion to summary judgment; appellate review applied summary-judgment standard |
| Whether the commission’s informal fax requirement (original signature) is binding when statute and rules are silent on form | Mokwenyei: commission’s internal form requirement cannot supplant statutory timing requirement | Commission: its procedural rules and transmittal practices are reasonable under its rulemaking authority | Held: Commission rule mirrors statute and does not impose a separate timing or form requirement; plaintiff satisfied statutory requirements |
| Whether plaintiff’s FEPA claim is timely despite delay between initial request and issuance of letter | Mokwenyei: issuance occurred and suit was filed within statutory 90-day filing period after receipt | Hospital: delay showed failure to timely request and therefore failure to exhaust administrative prerequisite | Held: Because plaintiff requested within statutory window and ultimately received the letter then filed timely, FEPA claim may proceed |
Key Cases Cited
- Multi-State Restoration, Inc. v. DWS Properties, LLC, 61 A.3d 414 (R.I. 2013) (Rule 12(b)(6) purpose and conversion to summary judgment when extrinsic materials considered)
- Jorge v. Rumsfeld, 404 F.3d 556 (1st Cir. 2005) (documents integral to pleadings may be considered without converting a motion to dismiss)
- Beddall v. State Street Bank and Trust Co., 137 F.3d 12 (1st Cir. 1998) (document-merger doctrine for pleadings)
- Chhun v. Mortgage Electronic Registration Systems Inc., 84 A.3d 419 (R.I. 2014) (declining to adopt altered federal Rule 12(b)(6) standard)
- Correia v. Bettencourt, 162 A.3d 630 (R.I. 2017) (summary-judgment standard on appeal)
- Pontarelli v. Rhode Island Department of Elementary and Secondary Education, 176 A.3d 472 (R.I. 2018) (limited exception to automatic conversion when considering extrinsic documents)