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Bare v. NPC International

December 14, 2009

TONI Y. BARE PLAINTIFF
v.
NPC INTERNATIONAL, INC. D/B/A PIZZA HUT; JASON VEREECKE; AND STEPHANIE TITSWORTH DEFENDANTS



The opinion of the court was delivered by: Honorable Robert T. Dawson United States District Judge

ORDER

On November 11, 2009, Plaintiff filed an amended complaint seeking recovery for alleged employment discrimination pursuant to Title VII of the Civil Rights Act of 1964, the Arkansas Civil Rights Act of 1993, and the Arkansas common law. Plaintiff alleges that Defendants discriminated against her based on her race and sex, forced to work in a hostile environment, and retaliated against her for complaining about the discrimination. Plaintiff further claims that she was the victim of Defendants' intentional infliction of emotional distress. Currently before the Court is Defendant NPC International, Inc.'s Partial Motion to Dismiss (doc. 13) and related documents. For its motion, Defendant seeks dismissal of Plaintiff's claims for race discrimination, hostile work environment based on race, and intentional infliction of emotional distress. For reasons recited herein, Defendant's motion is GRANTED IN PART AND DENIED IN PART.

I. Standard

In determining whether a motion to dismiss should be granted under Federal Rule 12(b)(6) of Civil Procedure, the court must test the legal sufficiency of the complaint. In considering a motion to dismiss, the court must consider all allegations in the complaint as true and view the facts and inferences therefrom most favorably to the non-moving party. Wisdom v. First Midwest Bank of Poplar Bluff, 167 F.3d 402, 405 (8th Cir. 1999). To state a claim, a complaint need not allege detailed facts; a plaintiff need only provide the grounds of his or her entitlement to relief. Benton v. Merrill Lynch & Co., Inc., 524 F.3d 866, 870 (8th Cir. 2008). This "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Rather, a plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Id. at 570. Dismissal under Rule 12(b)(6) is proper when a plaintiff's allegations show an insuperable bar to relief. Benton, 524 F.3d at 870.

II. Plaintiff's Allegations

In her Complaint, Plaintiff alleges as follows:

1. Plaintiff, an African American female, was an employee of NPC International, Inc. d/b/a Pizza Hut ("Pizza Hut") during the period at issue.

2. From at least July 9, 2008, until on or about August 10, 2008, Plaintiff worked at the Pizza Hut store on Highway 71 in Fort Smith, Arkansas.

3. The store manager, Stephanie Titsworth, attempted to have a sexual relationship with Plaintiff. The manager told Plaintiff that her fiancee did not "treat her right" and made repeated remarks concerning Plaintiff's physical attributes. Plaintiff was informed by a co-worker that Titsworth was "falling for" Plaintiff and that Titsworth had lamented that she "always fell for straight girls." Plaintiff refused the manager's advances, and as a result, Titsworth spread rumors about Plaintiff pursuing a relationship with her.

4. On August 17, 2008, after calling the Pizza Hut corporate office to complain about Titsworth, Plaintiff was permanently removed from the schedule at the Highway 71 store.

5. It was Titsworth's practice to terminate employees who would not have a sexual relationship with her. Pizza Hut knew that this was the manager's practice and took no action.

6. Plaintiff was the only African American employee at the store. Titsworth and other employees repeatedly stated that Plaintiff "made iced tea like a fat black woman." Pizza Hut has permitted white store employees at the Highway 71 store who have sold drugs from ...


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