United States District Court, N.D. Texas, Dallas Division
ROBBIN R. WILSON, Plaintiff,
REPUBLIC NATIONAL INDUSTRIES OF TEXAS, LP d/b/a REPUBLIC ELITE and ELITE MULTIFAMILY INTERIORS, LLC d/b/a REPUBLIC ELITE, Defendants.
MEMORANDUM OPINION AND ORDER
J. BOYLE UNITED STATES DISTRICT JUDGE
the Court is Defendants' Motion to Dismiss (Doc. 12). For
the following reasons, the Court GRANTS the Motion.
a case involving claims under Title VII of the Civil Rights
Act of 1964. Plaintiff Robbin R. Wilson brought her claims
against her former employers Defendants Republic National
Industries of Texas, LP d/b/a Republic Elite and Elite
Multifamily Interiors, LLC d/b/a Republic Elite
(“Defendants”) on March 11, 2019. Doc. 1, Compl.
Plaintiff was employed with Defendants as a Project
Coordinator from December 2016 to June 2017. Doc. 10, Am.
Compl., ¶¶ 8, 10. She alleges that not long after
she began her employment, she was subject to sexually
offensive conduct by coworkers and management, and that
despite a verbal attempt to notify Defendants of the conduct
through its employees, the conduct continued. See
Id. ¶¶ 10-15. She alleges that because of this
verbal report, she was retaliated against and was forced to
resign her position. Id. ¶¶ 10, 15-21.
Plaintiff asserts two federal causes of action: (1) Title VII
sexually hostile work environment and (2) Title VII
retaliation. Id. ¶¶ 31-36. She seeks
reinstatement to her former job duties, as well as damages.
Id. ¶ 37.
Title VII claims are so fact-specific, the Court pauses to
more fully explore the allegations. Plaintiff worked as a
Project Coordinator for Defendants, a position which reported
to the Project Managers. Id. ¶¶ 8-9. These
Project Managers included John Hodge and Mike Winter, two
people who Plaintiff alleges had input into decisions to
discipline or terminate employees in her position.
Id. ¶¶ 9-10. Plaintiff alleges that a few
months after she began employment with Defendants, she was
subjected to a sexually hostile work environment.
Id. ¶ 10. Plaintiff specifically alleges three
instances over a roughly three month period in which project
managers directed sexually offensive conduct at her.
Id. ¶¶ 11-13.
Plaintiff recalls an incident on March 17, 2017, in which she
came to work without wearing makeup and Hodge asked her if it
was “come to work ugly day.” Id. ¶
11. Plaintiff perceived this to be a comment insinuating that
as a woman, she was required to wear makeup to work.
Id. The second incident occurred on or about May 6,
2017, when Plaintiff alleges that Hodge insinuated that she
was the “paid entertainment” at a company
crawfish boil held the previous evening. Id. ¶
final incident Plaintiff alleges occurred on or about June 6,
2017, three days before she resigned, Specifically, on or
about June 6, 2017, Plaintiff claims that she overheard Hodge
and another coworker remarking that “hoes” were
going to be present at an event and that because of this, one
or both of them could not attend. Id. ¶ 13.
Hodge then told Plaintiff that she “[wasn't]
invited.” Id. A few minutes after this, Winter
told Plaintiff that she was beginning to get “honey
hams, ” a term that Plaintiff claims is used within the
office to describe people who are overweight. Id.
Plaintiff alleges that this comment so upset her that she
began crying at her desk, and that when the men who made the
comments realized that she was upset, they asked her to come
to lunch. Id. Plaintiff declined the offer, and in
response, Plaintiff claims that Hodge said that since they
were “walking the street, [she] should like
that.” Id. Plaintiff perceived this to be
another remark referring to her as a prostitute. Id.
after the third incident, Plaintiff made a verbal report of
the comments to another Project Coordinator, Sandra Gobert.
Id. ¶ 15. In her verbal report, Plaintiff
characterized the comments made by the Project Managers as
sexual harassment and was so upset about them that she began
crying. Id. Plaintiff claims that Gobert apologized
for the Project Managers' comments and claimed that she
would “handle it.” Id. Plaintiff alleges
that she did not go to anyone in upper management with her
report at the time out of fear of retaliation. Id.
alleges that the day after making her verbal report, she
arrived at work and discovered Jerry Thompson-the
company's Vice President of Sales and Hodge's
supervisor-whispering with others, which made her feel
uncomfortable. Id. ¶ 16. Gobert then contacted
Plaintiff to see if she had received an apology from Hodge
for his previous comments, and Plaintiff responded that she
had not. Id. ¶ 17. Gobert spoke further to her
supervisor Thompson about Plaintiffs report, and Thompson
went to Plaintiffs cubicle to tell her he was going to speak
with Hodge. Id. ¶ 19. After this conversation,
however, Plaintiff alleges that Thompson reprimanded her for
leaving work and threatened consequences if it happened
again, regardless of the circumstances. Id.
Plaintiff perceived that Thompson was upset about her report
and was trying to intimidate her. Id.
after the conversation with Thompson, Hodge met with
Plaintiff and apologized for his behavior, stating that it
would stop if she was offended. Id. ¶ 20.
Plaintiff claims that instead, she was subject to further
retaliation and recalls one instance in which a coworker who
was present for the incident on June 6, 2017, began mocking
her by fake crying and claiming that he had “hurt
feelings.” Id. ¶ 21. Because of the open
floor plan of the office, Plaintiff's other coworkers
could hear these comments, which embarrassed her further.
9, 2017, Plaintiff met with another Project Manager, Jonathan
Crawford, to inform him that she was resigning because of the
comments made by the other Project Managers and the
retaliatory behavior she experienced after reporting them.
Id. ¶ 23. Plaintiff then went back to her desk
and submitted a written report of the sexual harassment and
her resignation. Id. Shortly after submitting her
report, Plaintiff was called into Thompson's office and
was asked to gather her belongings and leave. Id.