Terrell v. UVA Health System

Summary

The United States District Court for the Western District of Virginia dismissed without prejudice Kathy (also identified in the opinion as Kathey) Terrell’s Title VII, ADEA, and ADA claims against UVA Health System. The court held that she failed to adequately allege an adverse employment action, constructive discharge, or a sufficiently severe or pervasive hostile work environment, and also noted additional deficiencies in her allegations. The dismissal followed the court’s initial screening of her in forma pauperis complaint under 28 U.S.C. § 1915(e)(2)(B).

Holdings

1. The complaint failed to state disparate-treatment claims under Title VII, the ADEA, or the ADA because Terrell did not adequately plead an adverse employment action. Her two-day administrative leave, even assuming it qualified as an adverse action, was the basis of claims filed outside the applicable 300-day Title VII limitations period, and her resignation was voluntary rather than a constructive discharge.
2. The complaint failed to state hostile-work-environment claims under Title VII, the ADEA, or the ADA because the alleged criticism of Terrell's performance was not alleged to be discriminatory and was neither severe nor pervasive enough to alter the conditions of employment or create an abusive working environment.
3. Dismissal without prejudice was required because the complaint failed to state a claim as a matter of law under 28 U.S.C. § 1915(e)(2)(B).

Questions Presented

1. Whether the complaint stated Title VII, ADEA, or ADA disparate-treatment claims when the plaintiff alleged criticism, administrative leave, and a voluntary resignation but did not adequately plead a qualifying adverse employment action.
2. Whether the complaint stated Title VII, ADEA, or ADA hostile-work-environment claims based primarily on criticism of the plaintiff's work performance.
3. Whether the complaint was subject to dismissal under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim.

Disposition

dismissed