Curran v. Mom's Organic Market, Inc., 8:24-cv-00402

Heather Curran, a white, non-Hispanic female, worked as an Operations Manager-in-Training at MOM’s Organic Market's College Park store from April 2019 to February 2020, supervised by Reina Hernandez, a Hispanic woman.
Curran alleges Defendant Hernandez favored Hispanic employees and discriminated against non-Hispanic employees, including assigning her arduous "Bakery Duty" shifts inconsistent with her position, despite her wrist injury and medical advice to avoid such tasks.
Curran repeatedly complained about disparate treatment and assignment of unfavorable shifts, both to Hernandez and to other managers. She also reported worsening mental health issues, including PTSD, due to workplace conditions.
Curran claims she was constructively discharged after persistent criticism, being threatened with termination or demotion, and repeated last-minute night calls to work early-morning Bakery shifts.
She brought suit under 42 U.S.C. § 1981, alleging race discrimination, hostile work environment, and retaliation; Defendants moved to dismiss all claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Hostile Work Environment	Curran claims severe, race-based harassment, unwanted assignments, and psychological harm, unlike Hispanic coworkers.	MOM's/Hernandez: Criticism and shift changes not severe or pervasive; any acts before Feb 2020 are time-barred.	Plaintiff sufficiently alleged a hostile work environment—motion to dismiss denied on this claim.
Race Discrimination	Curran alleges she was forced out due to race, via constructive discharge, with comparators outside her class treated better.	No adverse employment action within statutory window; no satisfactory job performance or valid comparator pled.	Plaintiff plausibly pled race discrimination (constructive discharge and comparators)—motion to dismiss denied.
Retaliation	Curran asserts escalation of mistreatment after protesting discrimination—links complaints and constructive discharge.	Any adverse acts occurred before protected activity or are time-barred; no causal link to protected conduct.	Plaintiff failed to plead but-for causation between protected activity and adverse action—motion to dismiss granted.
Punitive Damages	Curran included punitive damages and litigation expenses as a separate claim.	No independent claim for punitive damages exists.	Request is not a standalone claim but is preserved as part of the relief sought.

Ashcroft v. Iqbal, 556 U.S. 662 (standard for pleadings and plausibility)
Harris v. Forklift Sys., Inc., 510 U.S. 17 (defines hostile work environment)
Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (timing of harassment and discrete acts)
Boyer-Liberto v. Fountainebleau Corp., 786 F.3d 264 (hostile work environment elements under § 1981)
White v. BFI Waste Servs., LLC, 375 F.3d 288 (elements for disparate treatment claim under § 1981)
Carter v. Ball, 33 F.3d 450 (constructive discharge intolerability standard)