Summary
The United States District Court for the District of Colorado considers a partial motion to dismiss claims arising from alleged workplace harassment, discrimination, retaliation, and termination. The court dismisses the Colorado Anti-Discrimination Act claims without prejudice, denies dismissal of the Title VII discrimination claim insofar as it is based on a discriminatory failure to investigate, and grants dismissal of the portions based on termination threats and termination. The court also analyzes the Title VII hostile-work-environment claim under Rule 12(b)(6).
Topics
Practice areas
Questions Presented
- Whether the complaint plausibly alleged a Title VII discrimination claim based on Sergeant Malott's refusal to investigate Revan's harassment complaint.
- Whether Captain Hasty's alleged threats of termination constituted an actionable Title VII discrimination claim.
- Whether Revan plausibly alleged discriminatory termination under Title VII.
- Whether Revan plausibly alleged a Title VII hostile-work-environment claim.
- Whether the Colorado Anti-Discrimination Act claims should be dismissed without prejudice based on Revan's concession that they could be dismissed.
Holdings
- A discriminatory failure to investigate may constitute an actionable adverse employment action when the failure causes harm concerning the terms or conditions of employment. Revan plausibly alleged such harm because the failure to investigate allegedly allowed further harassment that altered the conditions of his employment.
- Revan failed to plausibly allege that Captain Hasty's threats of termination occurred under circumstances giving rise to an inference of race- or sex-based discrimination.
- Revan failed to plausibly allege that his termination occurred under circumstances giving rise to an inference of race- or sex-based discrimination.
- Revan plausibly alleged a Title VII hostile work environment based on pervasive discriminatory harassment.
- Counts IV through VI, asserting Colorado Anti-Discrimination Act claims, were dismissed without prejudice.
Key quotations
“Thus, when an employer fails to investigate an employee’s complaint based on a discriminatory motive and that failure injures the employee as to the terms or conditions of his employment, the employee has suffered discrimination as defined in Muldrow.” (Analysis Part I.A)
“Viewing the allegations as a whole and in the light most favorable to Mr. Revan, the Court concludes that Mr. Revan has plausibly alleged a hostile work environment based on pervasive discriminatory harassment.” (Analysis Part II)
Factual background
Jecht Revan, who alleged Native American, Israeli, and Jewish descent, worked for the University of Denver Department of Campus Safety and was terminated after an incident involving pepper spray. He alleged that coworker Madison Carney repeatedly made race- and sex-based comments, made unwanted sexual advances, and asserted authority over him, while Sergeant Kimo Malott refused to investigate because Carney was young and female and command staff would not believe Revan. Revan also alleged that Captain Hasty threatened to fire him if he reported harassment to the campus Title IX office and threatened to damage his future security employment. The court treated the allegations as true for purposes of the motion and determined that some supported plausible Title VII claims.
Procedural history
Revan filed an operative First Amended Complaint asserting Title VII discrimination, retaliation, and hostile-work-environment claims, along with related claims under the Colorado Anti-Discrimination Act. The defendant moved for partial dismissal. The court dismissed the CADA claims without prejudice, dismissed portions of the Title VII discrimination claim without prejudice, allowed the discrimination claim to proceed based on an alleged discriminatory failure to investigate, and denied dismissal of the hostile-work-environment claim.