Bennett v. Memorial Hospital at Gulfport
1:22-cv-00270
| S.D. Miss. | Aug 2, 2023Background
- James T. Bennett was a security officer at Memorial Hospital at Gulfport from 2007 until his termination in May 2022.
- He applied for a Sergeant promotion in December 2021 and alleges he was passed over for a younger White candidate; he claims race discrimination and age discrimination in his EEOC charge (filed June 29, 2022) but the charge refers only to a failure to promote.
- Bennett received a right-to-sue notice and filed this pro se suit on October 3, 2022, asserting Title VII claims (race discrimination, hostile work environment, retaliation, harassment, failure to investigate, failure to promote), due process claims, and various state-law tort claims.
- Defendants moved to dismiss under Rule 12(b)(6), arguing (inter alia) that Title VII claims against individuals are improper, many discrimination claims were unexhausted or untimely, due‑process claims lacked a protected property interest, and state-law claims failed as a matter of Mississippi law or were preempted by workers’ compensation.
- The Court dismissed Title VII claims against individual defendants, dismissed all discrimination theories except failure to promote for lack of administrative exhaustion, found the remaining failure-to-promote claim not shown untimely at the motion‑to‑dismiss stage, dismissed due‑process and certain state-law claims with prejudice, and left other state-law claims (failure to investigate, IIED) remaining for now.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Title VII claims against individual defendants | Individuals are responsible for discriminatory acts | Individuals are not proper Title VII defendants | Dismissed — individuals cannot be sued under Title VII |
| Scope/exhaustion of Title VII claims | EEOC charge and complaint encompass multiple workplace claims (termination, retaliation, hostile work environment, failure to investigate, failure to promote) | EEOC charge only alleges failure to promote; other claims were not presented to EEOC | Dismissed without prejudice — only failure-to-promote exhausted; other Title VII claims unexhausted |
| Timeliness of failure-to-promote claim | Charge filed June 29, 2022, within 180 days of January 2022 denial | Defendants contend earlier notice (Dec. 16 email) started the 180‑day clock, making charge untimely | Denied as to timeliness at 12(b)(6) — charge deemed timely based on complaint allegations |
| Due process claim | Plaintiff alleges deprivation of employment without due process | Defendants argue no protected property interest in employment under Mississippi at-will law | Dismissed with prejudice — no protected property interest pleaded |
| State-law claims (wrongful termination, failure to investigate, negligence, IIED) | Various tort and contract‑adjacent claims based on alleged conduct (racial epithets, stalking, failure to investigate) | Wrongful termination barred by at-will rule; negligence may be precluded by workers’ compensation; some claims implausible or unsupported | Mixed: wrongful termination and negligence dismissed with prejudice; failure-to-investigate and IIED claims survive at this stage (motion denied without prejudice as to those) |
Key Cases Cited
- Edionwe v. Bailey, 860 F.3d 287 (5th Cir. 2017) (pleading standard for plausibility at motion to dismiss)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading must state a plausible claim)
- Ackel v. Nat’l Comm’cns, Inc., 339 F.3d 376 (5th Cir. 2003) (individuals are not liable under Title VII)
- Ikossi-Anastasiou v. Bd. of Supervisors of La. State Univ., 579 F.3d 546 (5th Cir. 2009) (EEOC 180-day timeliness rule and when discriminatory act is "communicated")
- Del. State Coll. v. Ricks, 449 U.S. 250 (1980) (focus on time of discriminatory act for statute of limitations)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (framework for circumstantial Title VII proof)
- Jennings v. Towers Watson, 11 F.4th 335 (5th Cir. 2021) (liberal construction of EEOC charge scope for exhaustion analysis)
- Southern Farm Bureau Life Ins. Co. v. Thomas, 299 So.3d 752 (Miss. 2020) (Mississippi follows at-will rule; Title VII is remedy for discrimination)
- McArn v. Allied Bruce-Terminix Co., Inc., 626 So.2d 603 (Miss. 1993) (limited exceptions to at-will employment)
- Schaffner Mfg. Co., Inc. v. Powell, 331 So.3d 11 (Miss. 2022) (workers’ compensation as exclusive remedy for negligence-based workplace claims)
- Spiers v. Oak Grove Credit, LLC, 328 So.3d 645 (Miss. 2021) (discussion of tort claims in employment context, including IIED)