389 F. Supp. 3d 149
D.D.C.2019Background
- Dina Posada, a Salvadoran woman, was hired as a manager by ACP Facility Services in March 2015 and supervised by Jesus Ronquillo; Mike White was COO with supervisory authority.
- Posada alleges coworkers (notably “Mr. Alvarado”) threatened/intimidated her, she reported it to Ronquillo, and no remedial action was taken.
- Ronquillo allegedly made humiliating comments about her personal life, assigned a project with an unrealistic deadline, and ignored her complaints.
- After missing the deadline, Posada says she was verbally attacked by Ronquillo and White, told to leave immediately, and coerced into resigning; she claims emotional distress and lost wages.
- Administrative history: unemployment benefits denied and affirmed; MCAD found no probable cause on sex-discrimination claims; EEOC adopted MCAD findings and dismissed. Posada then sued in federal court under Title VII and Mass. Gen. Laws ch. 151B.
- Defendants moved to dismiss and submitted affidavits/exhibits; Posada moved to strike those materials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consideration of affidavits/exhibits on motion to dismiss | Posada argued the affidavits and attached internal documents/emails cannot be considered because they were not in the complaint | Defendants sought consideration of affidavits/exhibits supporting dismissal | Court struck the affidavits and internal exhibits (not in complaint or exceptions) but allowed consideration of official public records (DUA, MCAD, EEOC) |
| Exhaustion of administrative remedies for race claims | Posada added race discrimination in amended complaint | Defendants argued she never raised race at MCAD/EEOC so claims unexhausted | Court dismissed race-discrimination claims for failure to exhaust administrative remedies |
| Individual liability of supervisors under Title VII | Posada sued White and Ronquillo individually under federal law | Defendants argued Title VII does not permit individual liability for supervisors | Court dismissed Title VII claims against White and Ronquillo (no individual liability) |
| Sufficiency of pleading for hostile work environment / retaliation (Title VII & ch. 151B) | Posada alleged threatening coworker conduct, supervisor comments, disparate assignment, and coerced resignation; asserted hostile work environment and retaliation | Defendants argued allegations were too sparse to state plausible claims | Court found allegations sufficient at pleading stage to state plausible hostile-work-environment and retaliation claims against ACP and, under ch. 151B, against White and Ronquillo personally; constructive-discharge plausibly alleged |
Key Cases Cited
- Watterson v. Page, 987 F.2d 1 (1st Cir. 1993) (limits documents courts may consider on motion to dismiss)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleadings)
- Langadinos v. Am. Airlines, Inc., 199 F.3d 68 (accept factual allegations and draw inferences on motion to dismiss)
- Ashcroft v. Iqbal, 556 U.S. 662 (courts need not accept legal conclusions)
- Fantini v. Salem State Coll., 557 F.3d 22 (no individual liability under Title VII)
- Harris v. Forklift Sys., 510 U.S. 17 (hostile-work-environment standard factors)
- Ponte v. Steelcase, Inc., 741 F.3d 310 (hostile-work-environment elements)
- Noviello v. City of Bos., 398 F.3d 76 (employer liability for supervisor/co-worker harassment)
- Univ. of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338 (but-for causation standard for retaliation)