Bass v. Roberts Dairy Company, LLC
8:11-cv-00146
D. Neb.Jun 23, 2011Background
- Bass, a pro se plaintiff, filed an April 26, 2011 complaint in forma pauperis in the District of Nebraska against Roberts Dairy Company, LLC.
- The court reviews the complaint sua sponte under 28 U.S.C. § 1915(e)(2) to determine if dismissal is warranted at screening.
- Bass alleges racial discrimination (racially hostile environment), break-time treatment disparities, and harassment for taking approved FMLA leave, culminating in termination.
- Bass also filed a charge with the NEOC and received a right-to-sue letter dated January 27, 2011.
- The court applies Twombly pleading standards and liberal construction for pro se plaintiffs and discusses Title VII, ADA, and FMLA claims at this stage.
- The court grants limited advancement: the FMLA claim may proceed, but Title VII and ADA claims require amendment to state a plausible claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bass's Title VII claim states a prima facie discrimination claim | Bass asserts racial discrimination based on termination and disparate treatment | Bass allegedly failed to show he met employer expectations | Title VII claim dismissed; opportunity to amend granted |
| Whether Bass's ADA claim states a disability discrimination claim | Bass alleges disability-related termination and discrimination | Bass did not show qualification to perform essential job functions | ADA claim dismissed; opportunity to amend granted |
| Whether Bass's FMLA claim can proceed | Bass was on approved FMLA leave and harassed/terminated for it | FMLA aspects not fully developed if any liability | FMLA claim may proceed at this stage |
| Whether Bass should amend and consolidate claims within a single filing | N/A | N/A | Plaintiff given deadline to amend (July 25, 2011) and consolidate claims; noncompliance may dismiss Title VII/ADA claims |
Key Cases Cited
- Twombly, Bell Atlantic Corp. v., 550 U.S. 544 (U.S. 2007) (pleading must state a plausible claim)
- St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502 (U.S. 1993) (burden-shifting framework after prima facie case)
- Reeves v. Sanderson Plumbing Prods., 530 U.S. 133 (U.S. 2000) (pretext evidence; ultimate burden on plaintiff)
- Burke v. North Dakota Dep’t of Corr. & Rehab., 294 F.3d 1043 (8th Cir. 2002) (liberal construction of pro se pleadings)
- Wheeler v. Aventis Pharm., 360 F.3d 853 (8th Cir. 2004) (prima facie elements for Title VII)
- Phillips v. Mathews, 547 F.3d 905 (8th Cir. 2008) (causal link in FMLA retaliation)
- Dropinski v. Douglas County, Neb., 298 F.3d 704 (8th Cir. 2002) (ADA discrimination framework)
- Browning v. Liberty Mut. Ins. Co., 178 F.3d 1043 (8th Cir. 1999) (informing standard for FMLA notice)
- Battle v. United Parcel Serv., Inc., 438 F.3d 856 (8th Cir. 2006) (ADA major life activities definition)