United States District Court, E.D. North Carolina, Eastern Division
TWANA N. COLEMAN, JO H. FERGUSON, and CARLY SINGLETON MDUMA, Plaintiffs,
THE UNIVERSITY OF MOUNT OLIVE, CHRISTY B. COX, CORDELIA WILCOX, LISA NEUSELL, and TERRI GRICE, Defendants.
W. FLANAGAN UNITED STATES DISTRICT JUDGE
matter is before the court on defendants' motion to
dismiss for failure to state a claim upon which relief can be
granted, pursuant to Federal Rule of Civil Procedure 12(b)(6)
(DE 22). Plaintiffs have not responded to the motion, and the
time for response has passed. In this posture, the issues
raised are ripe for ruling. For the following reasons,
defendants' motion is granted.
OF THE CASE
who are former employees of defendant University of Mount
Olive (“UMO”), commenced this action pro se on
November 27, 2018, asserting employment discrimination claims
against their former employer and supervisors, premised upon
wrongful termination, failure to promote, and hostile work
environment, due to race, gender, and retaliation. Plaintiffs
seek trial by jury and any other relief as may be
appropriate, including injunctive orders and damages.
Plaintiffs attach to their complaint dismissals and notices
of rights to sue from the Equal Employment Opportunity
filed the instant motion to dismiss on January 23, 2019,
seeking dismissal of all claims with prejudice. The court
sent plaintiffs a notice on January 24, 2019, regarding
requirements to respond to the motion. Plaintiffs did not
respond in opposition to the motion.
OF THE FACTS
facts alleged in the complaint may be summarized as follows.
Plaintiff Twana Coleman (“Coleman”) was employed
by UMO from November 2010, until she left voluntarily in May
2018. Plaintiff Carly T. Singleton Mduma (“Singleton
Mduma”) was employed by UMO from June 2014, until she
left voluntarily in May 2018. Plaintif Jo H. Ferguson
(“Ferguson”) was employed by UMO from August
2014, until she was discharged in April 2018.
Christy B. Cox (“Cox”) is a “Caucasian,
Female, Director of UMO at New Bern.” (Compl. p. 3).
Defendant Lisa Neusell (“Neusell”) is a
“Caucasian, Female, Dean of Extended Education”
at UMO. (Id.). Defendant Cordelia Wilcox
(“Wilcox”) is an “African American, Female,
Director of Human Resources” at UMO. (Id.).
Defendant Terri Grice (“Grice”) is a
“Caucasian, Female, Assistant Registrar -
Traditional” at UMO. (Id.).
assert in the complaint that defendants discriminated against
them on the basis of race, sex, hostile work environment, and
retaliation, during a time period from April 2017 to May
2018. Plaintiffs allege that the manner in which defendants
discriminated against them was as follows:
1) “Interactions with people of the opposite race or
ethnically diverse was hostile in comparison to those of the
same race.” (Id. at 4).
2) “Male coworkers were given special treatment and not
reprimanded in the same manner as female staff.”
3) “Complaints to HR resulted in unwarranted, multiple
4) “Despite reports of hostile working conditions HR
failed to sufficiently eradicate the issues or protect
5) “Despite experience & employer accolades
promotions were denied due to race, gender, and retaliation,
[and] wrongful termination due to retaliation ...