Koparan v. The Boeing Company
4:24-cv-01383
E.D. Mo.Mar 11, 2025Background
- Plaintiff Aysin Koparan was a long-term Boeing employee who alleges she faced unwelcome sexual comments and texts from a senior colleague, Corcoran, primarily stemming from an after-hours event in August 2022.
- After objecting to these remarks and reporting them to management, Koparan claims she experienced workplace retaliation, including poor performance reviews, exclusion from meetings, and reduced assignments.
- Koparan filed suit asserting various claims, including hostile work environment based on sex (Count II) under Title VII, and race/national origin discrimination under 42 U.S.C. § 1981 (Count V).
- Boeing moved to dismiss both Count II (as untimely and insufficiently pled) and Count V (not actionable under § 1981 for national origin).
- Plaintiff agreed to voluntarily dismiss Count V without prejudice; the dispute on Count II centered on whether the alleged harassment met the "severe or pervasive" standard required for such claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of hostile work environment claim | Claim is timely due to continuing violation | No actionable conduct within filing period | Did not reach timeliness; dismissed on merits |
| Sufficiency of harassment pled (Hostile Work Environment, Count II) | Facts establish severe/pervasive harassment due to Corcoran’s conduct | Alleged conduct not frequent/severe enough; not all based on sex | Not severe or pervasive; does not state a claim |
| Applicability of § 1981 to national origin (Count V) | None—voluntarily agreed to dismiss | § 1981 covers race, not national origin | Dismissed without prejudice, per parties’ agreement |
| Application of Muldrow standard | "Some harm" to terms/conditions enough | "Severe or pervasive" standard controls post-Muldrow | "Severe or pervasive" still required |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for motions to dismiss)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (defines hostile work environment; totality of circumstances factors)
- Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (requirement that conduct constitute discrimination "because of sex")
- Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (continuing violation theory under Title VII)
- Duncan v. Gen. Motors Corp., 300 F.3d 928 (frequency and severity required for hostile work environment)