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Dickey v. Staples

United States District Court, D. South Carolina, Columbia Division

July 14, 2014

Kenneth Eric Dickey, Plaintiff,
v.
Staples; Cameron Dixon; Nikia Morris; Marry Griffin; Janet Evans; and Trinita Webster, Defendants.

REPORT AND RECOMMENDATION

SHIVA V. HODGES, Magistrate Judge.

In this employment discrimination case, Kenneth Eric Dickey ("Plaintiff") sues his former employer Staples[1] ("Staples") and Staples employees Cameron Dixon, Nikia Morris, Marry Griffin, Janet Evans, and Trinita Webster ("Individual Defendants") (collectively "Defendants"). Plaintiff alleges sex discrimination and retaliation pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII") and the South Carolina Human Affairs Law S.C. Code § 1-13-10, et seq. ("SCHAL"). This matter comes before the court on Defendants' motion to dismiss Plaintiff's complaint [Entry #27] and Plaintiff's motion to file a third amended complaint [Entry #37]. These motions having been fully briefed [Entry #36, #38, #39, #40], they are ripe for disposition.

All pretrial proceedings in this case were referred to the undersigned pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(g) (D.S.C.). Because the motion to dismiss is dispositive, this report and recommendation is entered for the district judge's consideration. For the reasons that follow, the undersigned recommends the district court grant Defendants' motion to dismiss and deny Plaintiff's motion to amend without prejudice.

I. Factual Background

Plaintiff filed this action on October 18, 2013. [Entry #1]. In his Second Amended Complaint [Entry #19], Plaintiff alleges that:

• He was sexually harassed (subjected to unwanted sexual advances) by credit Supervisor Nikia Morris from approximately December 16, 2011, through June 21, 2012. Id. at 3.
• When he rejected Morris' alleged advances, she "proceeded to take her frustrations out on [him] and encourage[d] her peers to do likewise." Id. at 4.
• Morris "aggressively pressed her breast against [him] at the work place" on "at least two separate occasions." Id.
• Morris "continued her outward frustrations with an unprovoked verbal assault and humiliating confrontation against" Plaintiff in early April 2012. Id.
• On the same day that he was "attacked by Ms. Morris, " Team Lead Mary Griffin threatened him twice, telling him that he "had better watch [him]self." Id.
• Not long after Morris became his supervisor, Supervisors Janet Evans and Trinita Webster "started to become hostile in [their] actions towards" Plaintiff and for "unknown and unprovoked reasons" targeted him "with personal insults to [his] age [and] what [he] was wearing." Id.
• He was discharged on or about June 21, 2012, "in retaliation because [he] refused

unwanted sexual advances from Ms. Morris." Id. at 3. Based on these allegations, Plaintiff alleges that he was discriminated against based on his sex and retaliated ...


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