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Lagrande v. Decrescente Distributing Co.

June 9, 2008


The opinion of the court was delivered by: Scullin, Senior Judge



Currently before the Court is Defendant's motion to dismiss, to which Plaintiff did not file a response.


Plaintiff commenced this action on April 14, 2006, asserting claims of unlawful sex discrimination, racial discrimination, and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended. See Dkt. No. 1.

In a Memorandum-Decision and Order dated June 19, 2006, the Court directed Plaintiff to file an amended complaint within thirty days to remedy various pleading deficiencies. See Dkt. No. 3. In compliance with that Order, Plaintiff filed an amended complaint on July 17, 2006. See Dkt. No. 4. In a Memorandum-Decision and Order dated December 6, 2006, the Court deemed the amended complaint acceptable except for the lack of a statement of relief and directed Plaintiff to file such a statement within thirty days. See Dkt. No. 6. On December 14, 2006, Plaintiff filed a separate statement of relief. See Dkt. No. 7.

In his amended complaint, Plaintiff alleges that, while in Defendant's employ, he "was subjected to sexual harassment, racial harassment; and also retaliated against by the owners [of Defendant employer]." See Amended Complaint at 1. Plaintiff also claims that he was "subjected to a hostile working environment" and that Defendant allowed his working environment to become abusive, hostile and filled with discriminatory intimidation." See id.

Specifically, Plaintiff asserts that, "[o]n or about November 24, 2003 -- Peter Kniss a co-worker . . . made racial comments about 'Black men' being lazy, and about 'Black men' using 'White Females' to take care of them." See id. at ¶ 1. Plaintiff further alleges that he told Mr. Kniss that he did not appreciate the comments and that he also told JoAnne Hickey, Human Resources Assistant. See id. Plaintiff claims that Ms. Hickey did not think his complaint was sufficient even though Plaintiff could give her names of people who heard and witnessed the comments, that she doubled his work load, and that she threatened to terminate his employment. See id.

Furthermore, Plaintiff alleges that, "[o]n or about January 1, 2004 -- Aaron Schrader District Manager at [Defendant] began to sexually harass [him]." See id. at ¶ 2. Plaintiff contends that [t]he sexual harassment included but was not limited to Mr. Schrader saying to [him] that when he sees a nice lady that he wants "Fuck her". He also showed [him] another female and indicated that he wanted to put his finger "On her Pussy". He would make comments to [Plaintiff] about females' breasts . . . [and] once . . . in a store, he was [sic] a couple of young girls and he said . . . that he would like to get them drunk, so that he can fuck them.

See id.

Plaintiff also complains that in March 2004, "a female customer . . . complained to [him] about Mr. Schrader looking at her in a sexual way . . . [and that when he] related this conversation to Mr. Schrader he retaliated against [Plaintiff] by giving [him] a much higher work load and gave negative feedback about [him] to the Human Resources Director." See id. at ¶ 3.

In addition, Plaintiff contends that, "[o]n or about March 19, 2004 -- [he] told Aaron Schrader that [he] didn't want to hear any of his sexual comments about females. On that same day Aaron Schrader, Jim Izzo, and Peter Kniss had destroyed beer displays that [Plaintiff] buil[t]. See id. at ¶ 4. Plaintiff complains that his work continued to be destroyed and sabotaged and that Mr. Schrader told him that he could make this stop if Plaintiff would do what he wanted him to do. See id.

Plaintiff asserts that, "[o]n or about April 2, 2004 -- [a]fter telling Aaron Schrader that [he] didn't appreciate his unlawfully [sic] behavior; [Mr. Schrader] scheduled [Plaintiff] to work from 4:30am to about midnight." See id. at ¶ 5. Furthermore, Plaintiff alleges that, "[o]n or about April 13, 2004 -- Don Miller, and Jim Izzo provided merchandising training for only the white workers. [Plaintiff] was not allowed to attend this merchandizing training even though it was apart [sic] of the job." See id. at ¶ 6. Plaintiff further contends that Mr. Schrader's unlawful "behavior continued week after week . . . [and that] Mr. Aaron Schrader threaten[ed] to get [Plaintiff] 'Fired'." See id. at ¶ 7.

On or about May 21, 2004, Plaintiff complained to Ray Corandi, Security/Operations Manager at Defendant's facility about Mr. Schrader's threats. See id. at ¶ 8. Shortly thereafter, Plaintiff complained to C.J. DeCrescente about Mr. Schrader's sexual behavior. See id. Mr. DeCrescente responded that, "if Aaron said it, he was just playing." See id. Plaintiff also complained to Karen Dumas, Human Resources Director, who would not let Plaintiff file a formal charge of sexual harassment against Mr. Schrader. See id.

Plaintiff asserts that Mr. Schrader was allowed to go into the stores that Plaintiff was responsible for merchandising and sabotage his work. See id. at ΒΆ 9. Plaintiff contends that Mr. Schrader was also allowed to get his friends to say that Plaintiff's work was ...

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