United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
MCBRYDE, UNITED STATE DISTRICT JUDGE.
for consideration the motion to dismiss filed in the
above-captioned action by defendant, General Motors, LLC, to
which plaintiff, Letosha Anderson, responded. Having
considered the motion, the response, the reply,
plaintiff's complaint, and the applicable legal
authorities, the court finds that the motion should be
Plaintiff's Alleged Causes of Action
following is an abbreviated statement of the allegations by
plaintiff as the basis for her eight alleged causes of
is a forty-one-year-old, African American, woman currently
employed by defendant. In March 2015, she began working in
the defendant's electrical apprenticeship program. She
claimed that during the time she held this position, she
never received the necessary training, classes, or tools to
perform the job, but that "other employees who were over
forty (40) years old, who were not African American, who were
not female who were all given the proper training, classes,
and tools to perform the job." Doc. 1 at 7, ¶ 31
(errors in original).
January 4, 2016, plaintiff was transferred to work in the
defendant's body shop. Since then, her male coworkers
have, "together and individually, hazed, bulled [sic],
harassed, insulted, ridiculed, humiliated and disrespected
Plaintiff for being a female, African American over forty-one
(41) years old."Id. 1 at 8, ¶ 35.
Additionally, defendant circulated cards, flyers, and emails
within the workplace that all "are offensive with regard
to age, race and sex, " id. at 9, ¶¶
41-43, and defendant retaliated against her for complaining
of the offensive materials, id.
asserted the following (using plaintiff's descriptive
headings) as causes of action against defendant based on
those alleged facts:
(1) Count One - Age Discrimination, 29 U.S.C. §
623(a)(1), in the Workplace at General Motors LLC, Doc. 1 at
(2) Count Two - Race Discrimination, 42 U.S.C. §
2000e-2(a)(1} & 42 U.S.C. § 1981, in the Workplace
at General Motors, LLC, id. at 15;
(3) Count Three - Sex-Gender Discrimination, 42 U.S.C.
2000e-2(a)(1) & 42 U.S.C. § 1981, in the Workplace
at General Motors, LLC, id. at 16;
(4) Count Four - Disparate Treatment Employment
Discrimination, 42 U.S.C. § 2000e-2 and 42 U.S.C. §
1981, in the Workplace at General Motors, LLC, Id.
(5) Count Five - Disparate Impact Employment Discrimination,
42 U.S.C. 2000e-2(a), in the Workplace at General Motors,
LLC, id. at 18;
(6) Count Six - Hostile Work Environment, 42 U.S.C. §
2000e & 42 U.S.C. § 1981, in the Workplace at
General Motors, LLC, id. at 19;
(7) Count Seven - Retaliation, 42 U.S.C. § 2000e-3(a)
& 42 U.S.C. § 1981, in the Workplace at General
Motors, LLC, id. at 23; and
(8) Count Eight - Defamation, in the Workplace at General
Motors, LLC, id. at 26.
alleged in the first paragraph under each of the headings for
Counts One, Two, Three, Four, Five, Six, and Seven that the
conduct complained of under the heading also violated Chapter
21 of the Texas Labor Code "and other similar state
statutes." IcL. at 11, ¶ 58; 15, ¶ 86; 16,
¶ 97; 17, ¶ 115; 18, ¶ 125; 19, ¶ 136;
& 23, ¶ 158.
requested injunctive relief, recovery of actual and punitive
damages, and for attorneys, expert witness, and court
reporter fees. Id. at 30-33.
Grounds of the Motion
moved to dismiss each of the claims and causes of action
against it for failure to state a claim upon which relief can
be granted. Defendant asserts that plaintiff failed to
exhaust administrative remedies before bringing her ADEA
claim, that her race-related claims should be dismissed as
time-barred, and that all of plaintiff's claims are
subject to dismissal because she has failed to set forth
sufficient factual allegations to support them.
filed with its motion as exhibits 1 through 9 specimens of
pleadings counsel for plaintiff previously had filed in this
court or other federal courts. The exhibits seem to
demonstrate that the allegations made by plaintiff in support
of each count in the instant action are mere boilerplate the
plaintiff's attorney repeatedly has used without regard
to the true facts of the instant action and, perhaps, of the
other actions filed by plaintiff's counsel from which the
exhibits were taken. Docs. 13-21.
Applicable Pleading Standard
8(a)(2) of the Federal Rules of Civil Procedure provides, in
a general way, ...