Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Scott v. ManTech International Corp.

United States District Court, D. Hawaii

January 29, 2019

REMINGTON SCOTT, Plaintiff,
v.
MANTECH INTERNATIONAL CORP.; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE LIMITED LIABILITY COMPANIES 1-10; DOE PARTNERSHIPS 1-10; DOE NONPROFIT CORPORATIONS 1-10; and DOE GOVERNMENTAL ENTITIES 1-10, Defendants.

          ORDER GRANTING MOTION TO DISMISS COUNT II OF THE COMPLAINT, ECF NO. 5

          J. MICHAEL SEABRIGHT CHIEF UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         On September 24, 2018, Plaintiff Remington Scott (“Scott”) filed a Complaint alleging claims against Defendants ManTech International Corp. (“ManTech”), John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Limited Liability Companies 1-10, Doe Partnerships 1-10, Doe Non-Profit Corporations 1-10, and Doe Governmental Entities 1-10, alleging racial discrimination, disability discrimination, and retaliation. Compl., ECF No. 1.

         Currently before the court is ManTech's Motion to Dismiss the disability discrimination claim (Count II)[1] for lack of subject matter jurisdiction for failure to exhaust administrative remedies. ECF No. 5. Based on the following, the Court GRANTS ManTech's Motion to Dismiss with prejudice.

         II. BACKGROUND

         A. Allegations in the Complaint

         The Complaint alleges the following: Scott, who is of “Filipino and African-American ancestry, ” served in Iraq and Afghanistan in the U.S. Army before his honorable discharge in 2011. Compl. ¶¶ 9-14. Scott believes he developed Post-Traumatic Stress Disorder (PTSD) as a result of his army service, although he was not diagnosed with PTSD until 2015. Id. ¶ 15. ManTech employed Scott starting in August 2012, and in June 2016, Scott accepted a transfer to Kuwait, which included a 10% increase in pay and a daily food stipend. Id. ¶¶ 16-17. Prior to this transfer, Scott had received generally positive performance reviews, had not been disciplined by ManTech for his work performance or behavior, and had not experienced any misconduct while at ManTech. Id. ¶ 18.

         Soon after the transfer, Scott's supervisor, Derrick Traughber, told Scott that “half-black and half-Filipinos aren't allowed in the office” in front of another person, Fletcher Smith. Id. ¶¶ 19-21. Not long after, Traughber told Scott that he would enjoy living with a coworker because “you both are Filipino and eat the same food.” Id. ¶ 22. A few months later in November 2016, Traughber told another person, Tonia Cannon, that Scott was a “whore.” Id. ¶ 23. Scott made a formal complaint to ManTech in January 2017 concerning Traughber's behavior and ManTech stated that its review corroborated Scott's claim about Traughber's comments. Id. ¶¶ 24-25.

         Soon after making the complaint, Scott alleges that he was retaliated against in the following ways: (1) Scott was required to wear safety goggles when others were not; (2) Scott's requests for repairs to the vehicle he was assigned to drive were denied and as a result the vehicle was unsafe to drive; (3) on February 15, 2017, when Scott refused to drive the unsafe vehicle, he was reprimanded by two supervisors, including Jeffrey Bentley (“Bentley”); (4) the next day, Bentley did not allow Scott to take a lunch break; and (5) the day after that, Bentley hostilely ordered Scott to get out of his vehicle in front of other employees and did not allow him to return to work that day. Id. ¶ 26.

         As a result of this alleged hostile work environment, Scott asked ManTech to transfer him back to Hawaii, which was approved. Id. Six hours after the transfer was approved, Scott contacted ManTech and requested that the transfer be cancelled, but ManTech refused his request. Id. Scott then resigned from his position on April 1, 2017. Id. The Complaint alleges that Scott resigned “due to the discriminatory and retaliatory treatment received from ManTech and out of frustration and disappointment[.]” Id. The Complaint also alleges that Scott resigned because of his PTSD, which was exacerbated due to the discrimination and retaliation at ManTech. Id. ¶ 27.

         B. Scott's Interactions with the EEOC

         Scott filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission (“EEOC”) on August 28, 2017.[2] See ECF Nos. 7-1 at 1-2, 24-2 at 1-2. Prior to filing that charge, Scott filed a pre-complaint (intake) questionnaire on August 7, 2017. See ECF No. 24-2 at 3.

         Scott's pre-complaint questionnaire states, in relevant part:

1. Personal Information
Do You Have a Disability? [X] Yes [] No
4. What is the reason (basis) for your claim of employment discrimination?
[X] Race [] Sex [] Age [] Disability
[X] National Origin [] Religion [X] Retaliation
[] Pregnancy [X] Color (typically a difference in skin
shade within the same race) [] Genetic Information . . .
6. Why do you believe these actions were discriminatory? . . .
I believe these actions were discriminatory because the comments deeply offended me and affected my mental state. . . . .
Answer questions 9-12 only if you are claiming discrimination based on disability. . . .
9. Please check all that apply:
[X] Yes, I have a disability
[] I do not have a disability now but I did ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.