United States District Court, D. Nebraska
MEMORANDUM AND ORDER
Richard G. Kopf Senior United States District Judge
matter is before the court upon review of Plaintiff's
Second Amended Complaint. (Filing No. 9.)
original Complaint alleged he was terminated from his
employment with Defendant Great Dane Trailers based on
discrimination. (Filing No. 1 at CM/ECF p. 7.) He
also alleged that Defendant Adventure Staffing Agency refused
to find him a job following his termination. (Filing No.
1 at CM/ECF p. 8.) Plaintiff maintained that as a
result of his termination, he was unable to collect
unemployment benefits, incurred medical bills due to loss of
insurance benefits, and fell behind on other bills. (Filing
No. 1 at CM/ECF p. 7.) Plaintiff requested damages
totaling $35, 850.00. (Filing No. 1 at CM/ECF p.
subsequently filed an amended complaint, asserting claims
under Title VII of the Civil Rights Act of 1964 (“Title
VII”). (Filing No. 7.) Upon review, the court
concluded that Plaintiff had failed to state a claim. The
court noted various deficiencies with Plaintiff's amended
complaint, as well as Plaintiff's failure to submit a
right-to-sue letter. Plaintiff was granted leave to file a
second amended complaint.
SUMMARY OF SECOND AMENDED COMPLAINT
Second Amended Complaint alleges that Plaintiff contacted
Defendant Adventure Staffing to help him find employment.
Adventure Staffing helped him obtain a job with Defendant
Great Dane Trailers. Plaintiff was told that he would be
considered a temporary worker initially, but that he would
become a permanent employee of Great Dane with higher wages
and benefits after 90 days. Plaintiff contends that under
this arrangement, he was an employee of both Adventure
Staffing and Great Dane at all times relevant to this action.
asserts that on October 12, 2015, near the end of his 90-day
probationary period, he was “racially profiled and
taunted aggressively over a two day period” by a Great
Dane employee. (Filing No. 9 at CM/ECF p. 3.)
Plaintiff alleges that he informed his team-leaders and
shift-boss about the situation on October 12, 2015. He also
called Adventure Staffing on October 13, 2015 and explained
what had happened.
alleges that the situation was investigated by individuals
from Great Dane and Adventure Staffing. Plaintiff further
alleges that on October 15, 2016, he was informed by an
individual from Adventure Staffing that the investigation
revealed that Plaintiff was being “racially profiled,
taunted, verbally and physically assaulted” and that
Plaintiff defended himself and was not the aggressor. (Filing
No. 9 at CM/ECF p. 4.)
maintains that Great Dane made the decision to terminate him
on October 15, 2015, “knowing that he was becoming [a]
permanent [employee].” (Filing No. 9 at CM/ECF p.
4.) Plaintiff alleges that he asked Adventure Staffing
to find him another job, but Adventure Staffing refused to do
so unless he signed a “promissory letter to Defendant
Adventure Staffing Agency just in case another similar
incident occur[red], even though Defendant Adventure Staffing
Agency knew and was told that [Plaintiff] was not the
aggressor, which led [Plaintiff] to believe he was black
balled by Defendant Great Dane Trailers.” (Filing No.
9 at CM/ECF p. 5.) Plaintiff claims that he took
action to get the situation with the Great Dane employee
resolved, but that Great Dane and Adventure Staffing did not
protect him from workplace discrimination, harassment, racial
profiling, and assault.
alleges that he submitted a claim with the EEOC on December
1, 2015, and that he received a right-to-sue letter on
February 29, 2016.
construed, Plaintiff brings this action under Title VII of
the Civil Rights Act of 1964 (“Title VII”), 42
U.S.C. § 2000e. Title VII forbids employment
discrimination against “any individual” based on
that individual's “race, color, religion, sex, or
national origin.” 42 U.S.C. § 2000e-2(a).
to filing a suit in federal court under Title VII, a
plaintiff is required to exhaust his or her administrative
remedies by first seeking relief through the Equal Employment
Opportunity Commission (“EEOC”) or the Nebraska
Equal Opportunity Commission (“NEOC”). 42 U.S.C.
§ 2000e-5. The EEOC/NEOC will then investigate the
charge and determine whether to file suit on behalf of the
charging party or make a determination of no reasonable
cause. If the EEOC/NEOC determines that there is no
reasonable cause, the agency will then issue the charging
party a right-to-sue notice. 42 U.S.C. § 2000e-5(b);
see also Hanenburg v. Principal Mutual Life Insurance
Company,118 F.3d 570, 573 (8th Cir. 1997). The charging
party has 90 days from the receipt of the right-to-sue notice
to file a civil complaint based on his charge. 42 U.S.C.