Frostie Ellis-Yancey v. Midwest Block & Brick/Quikrete Company

Summary

The United States District Court for the Eastern District of Missouri granted the defendant’s renewed motion to dismiss an age-discrimination claim under the Age Discrimination in Employment Act. The court held that the denial of a voluntary lateral transfer did not constitute an adverse employment action, and that the plaintiff had not adequately pleaded or administratively exhausted a constructive-discharge theory. The action was dismissed with prejudice.

Holdings

1. Plaintiff did not plausibly allege an adverse employment action because she alleged only that she was denied a voluntary transfer to the same position at another location, without an alleged change in pay, title, rank, benefits, material working conditions, or future career prospects.
2. Plaintiff could not pursue a constructive-discharge theory because it was not included in her charge of discrimination and was not reasonably related to the discrimination claims stated in that charge.
3. Plaintiff failed to state a constructive-discharge claim because she did not allege objectively intolerable working conditions or that Defendant intended to force her to quit.
4. Dismissal with prejudice and without leave to amend was appropriate because Plaintiff had already been given an opportunity to address the pleading defects and further amendment would be futile.

Questions Presented

1. Whether Plaintiff plausibly alleged that the denial of her requested transfer was an adverse employment action under the ADEA.
2. Whether Plaintiff could pursue a constructive-discharge theory that was raised for the first time in her opposition brief and was not included in her administrative charge.
3. Whether Plaintiff adequately pleaded the elements of constructive discharge.
4. Whether dismissal with prejudice was appropriate after Plaintiff was given an opportunity to clarify her allegations.

Disposition

dismissed