United States District Court, M.D. North Carolina
DEBORAH RIGG, Plaintiff, Pro se, GREENSBORO, NC.
For JENNIFER URANA, POLO RALPH LAUREN, Defendants: JERRY H. WALTERS, JR., LEAD ATTORNEY, LITTLER MENDELSON, CHARLOTTE, NC.
Thomas D. Schroeder, United States District Judge.
Before the court are Defendants' motions to dismiss Plaintiff Deborah Rigg's retaliation claim under Title VII. For the reasons that follow, the motions will be granted.
The allegations in Rigg's pro se complaint, construed in the light most favorable to her, show the following.
Rigg was, and apparently continues to be, an employee of Ralph Lauren Corporation (" Ralph Lauren" or " the company" ). At some undisclosed point in time, she complained to the company's human resources department that " temporary employees were being sexually harassed and discriminated against due to their race." (Doc. 3 at 2.) It is unclear whether her complaint was made just once or continually over the next two years. Bringing the issue to the attention of the company's human resources personnel, however, " has caused [Rigg] to be harassed for the past two years." (Id.)
The only retaliatory, harassing conduct that Rigg alleges are various transfers between different company facilities and departments. On October 1, 2013, Rigg was transferred to Ralph Lauren's Eagle Hill facility. (Id. at 3.) It is unclear from where she was transferred. On or about January 30, 2014, the " Pick Pack" manager received an email from Jennifer Urana stating that, as of February 3, 2014, Rigg would be reporting to " Pick Pack" permanently. (Id.) Urana appears to be Rigg's supervisor. (Doc. 3-1 at 3.)
On February 3, 2014, Rigg was transferred to and began working at Pick Pack. (Doc. 3. at 3.) The company said the transfer was because of a lack of work in returns at Eagle Hill. (Id.) Rigg alleges, however, that this reason is false because, while she was at Eagle Hill, the returns department was so busy that employees had to work overtime. (Id.) In the next sentence, however, Rigg alleges that " the Eagle Hill work load was very small and employees were taking as much as 3 days per week VTO. That is volunteer time off without pay. I also took VTO during that time." (Id.)
Rigg filed an EEOC complaint on April 8, 2014. On June 9, 2014, she was assigned to her job in returns, where she remains. (Id. at 4.) It is unclear whether Rigg means a returns job at Eagle Hill, Pick Pack, or elsewhere. On October 14, 2014, the Equal Employment Opportunity Commission issued Rigg a right-to-sue letter. (Doc. 4.)
In her prayer for relief, Rigg does not seek any damages or injunctive relief. Instead, she seeks the " opportunity to dispute Polo Ralph Lauren's version" of the events, as well as the opportunity " to prove that sexual harassment, discrimination and retaliation did occur on the part of Polo Ralph Lauren." (Doc. 3 at 5.) Rigg has named both Urana and Ralph Lauren as defendants in this case.
Both Defendants now move separately to dismiss Rigg's complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Docs. 12, 15.) The motions have ...