Denning v. Brigham and Women's Hospital, Inc.
1:24-cv-12980
| D. Mass. | Feb 11, 2025Background:
- Linda Denning, a former employee at Brigham and Women’s Hospital (BWH), was denied a religious exemption to the hospital’s mandatory COVID-19 vaccine policy and was subsequently fired for refusing vaccination.
- Denning filed a complaint with claims under Title VII of the Civil Rights Act, Massachusetts General Laws Chapter 151B, and intentional infliction of emotional distress.
- She initiated proceedings in Middlesex Superior Court; BWH removed the case to federal court based on federal question jurisdiction due to the Title VII claim.
- BWH moved to dismiss all claims for failure to state a claim under Rule 12(b)(6), arguing Denning failed to obtain a right-to-sue letter from the EEOC before filing her Title VII claim.
- Both parties acknowledged Denning had not received the right-to-sue letter, making the federal claim procedurally deficient.
- The federal court dismissed the Title VII claim and, with no remaining federal claims, declined to exercise supplemental jurisdiction, remanding the state law claims back to state court.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Need for EEOC Right-to-Sue Letter | Sought to challenge the requirement for appeal | Procedurally deficient—required by law | Dismissed Title VII claim; requirement stands |
| Federal Jurisdiction Under Title VII | Asserted Title VII and state claims together | All federal claims fail, state claims not federal | Dismissed federal claim; remanded state claims |
| Exercise of Supplemental Jurisdiction | Not directly addressed | Urged court to decline supplemental jurisdiction | Declined supplemental jurisdiction |
| Preservation of Appeal on Notification Rule | Sought to challenge, but made no substantive argument | N/A | Issue not preserved for appeal |
Key Cases Cited
- Abraham v. Woods Hole Oceanographic Inst., 553 F.3d 114 (1st Cir. 2009) (holding that a right-to-sue letter from the EEOC is a prerequisite to filing a Title VII claim in federal court)
- Franceschi v. U.S. Dep't of Veterans Affairs, 514 F.3d 81 (1st Cir. 2008) (explaining the right-to-sue letter as a necessary condition for private suit under Title VII)
- Rivera-Diaz v. Humana Ins. of Puerto Rico, Inc., 748 F.3d 387 (1st Cir. 2014) (discussing that courts typically decline supplemental jurisdiction when all federal claims are dismissed before trial)
- Astro-Med, Inc. v. Nihon Kohden America, Inc., 591 F.3d 1 (1st Cir. 2009) (issues not briefed with developed argumentation are waived on appeal)