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SHROPSHIRE v. GALLAWAY LLC (2021)

United States Court of Appeals, Third Circuit.2021-04-20No. No. 20-1888

Summary

Holding. The court vacated the District Court's dismissal of Shropshire's discrimination and retaliation claims against Reider and FieldWorks, affirmed the dismissal of claims against Gallaway, and remanded the case for further proceedings.

Philip Shropshire, an African American employee, sued his former employer FieldWorks LLC and two supervisors for race discrimination and retaliation under federal and state law after being fired in July 2017. Shropshire alleged he was terminated for being disruptive and insubordinate, but claimed these reasons were pretextual. He pointed to a pattern where African American coworkers were held to higher performance standards than white employees—specifically, Black workers were fired for failing to meet a 15-registration daily quota while white coworkers were retained with a 10-registration standard. He further claimed he was retaliated against for opposing these discriminatory practices.

The District Court dismissed the case under Rule 12(b)(6), but the appellate court disagreed. The court held that Shropshire had alleged sufficient facts at the pleading stage to suggest discovery might uncover evidence supporting his discrimination and retaliation claims. The alleged disparities in performance standards and the timing of his firing following his opposition to discriminatory conduct created plausible claims that could proceed. However, the court affirmed the dismissal of claims against one defendant, Chris Gallaway, because the amended complaint contained no allegations of his involvement.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether allegations of disparate performance standards applied to employees of different races state a plausible discrimination claim
  • Whether opposition to alleged discriminatory practices supports a retaliation claim at the motion-to-dismiss stage
  • Proper application of the Rule 12(b)(6) pleading standard versus the McDonnell Douglas burden-shifting framework in discrimination cases

Procedural posture

Shropshire appealed a District Court order granting the defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6).

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

OPINION *

Pro se appellant Philip Shropshire appeals from the District Courts order dismissing his civil action pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, we will affirm that decision in part, vacate it in part, and remand for further proceedings.

I.

In July 2017, Shropshire filed a complaint in the District Court against his former employer, FieldWorks LLC, and two of its employees, Chris Gallaway and Zachary Reider. Shropshire primarily raised claims of race discrimination and retaliation under Title VII of the Civil Rights Act, the Pennsylvania Human Relations Act (“PHRA”), and 42 U.S.C. § 1981. In his amended complaint,

1

Shropshire identifies himself as “an African American male.” ECF No. 27 at 3. He “was hired by an African American named Joel Williams” and began working as a canvasser for FieldWorks in June 2016. Id. at 4–5. Shropshires work involved registering voters, and he averaged “about 19.6 voter registrations per day.” Id. at 5. Shropshire “never received a single complaint about [his] work record from Joel Williams.” Id.

Williams “left in July and was replaced by Zachary Reider, a white teenager from Idaho.” Id. at 6–7. Shortly thereafter, Shropshire and Reider had disagreements regarding the use of voter registration quotas, and on July 20, Reider fired Shropshire “for being ‘disruptive.’ ” Id. at 11. Shropshire then filed a complaint with the Equal Employment Opportunity Commission (“EEOC”).

2

In those proceedings, FieldWorks claimed that Shropshire was also fired for “insubordination.” Id. Shropshire maintains that he was neither disruptive nor insubordinate and that other employees who were present at the meetings with Reider would agree. See id. at 11–14.

Shropshire claims that the “shifting explanations” for his firing were pretextual and that he was “fired because of his race.” Id. at 13. He maintains that the company had “an overall pattern of racial discrimination in firing decisions,” which included “treating white workers better and holding them to lesser standards (voter registration numbers).” Id. at 13–14. Specifically, other “black workers, Heather Houston and Mariah Carey ․ were fired for not bringing in 15 voter registrations per day,” while “at least two white canvassers, Frank Carr and Ruthann Alexander, only had to reach 10 voter registrations to keep their jobs.” Id. at 12. Shropshire further claims that he was fired in retaliation for “defending fellow black workers from being terminated illegally.” Id. at 16.

The defendants moved to dismiss the amended complaint under Rule 12(b)(6). By order entered March 17, 2020, the District Court granted the motion and dismissed Shropshires discrimination and retaliation claims with prejudice. To the extent that Shropshire sought to raise other state law claims, the District Court declined to exercise supplemental jurisdiction over those claims and dismissed them without prejudice. This appeal ensued.

II.

We are satisfied that we have jurisdiction over the appeal under 28 U.S.C. § 1291.

3

We exercise plenary review over the District Courts dismissal under Rule 12(b)(6), W. Penn Allegheny Health Sys., Inc. v. UPMC, 627 F.3d 85, 97 (3d Cir. 2010), and ask whether the complaint contained “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).

III.

The District Court evaluated Shropshires claims by applying the burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), the first step of which requires determining whether the plaintiff has made a prima facie showing of discrimination and/or retaliation. See Jones v. Se. Pa. Transp. Auth., 796 F.3d 323, 325–26 (3d Cir. 2015); see also Jones v. Sch. Dist. of Phila., 198 F.3d 403, 410 (3d Cir. 1999) (explaining that claims under Title VII, the PHRA, and 42 U.S.C. § 1981 are evaluated similarly). But “[a] prima facie case is an evidentiary standard, not a pleading requirement, and hence is not a proper measure of whether a complaint fails to state a claim [under Rule 12(b)(6)].” Connelly v. Lane Constr. Corp., 809 F.3d 780, 789 (3d Cir. 2016) (quotation marks and citations omitted). The proper question to ask at the Rule 12(b)(6) stage is whether the plaintiff has alleged “sufficient facts to raise a reasonable expectation that discovery will uncover proof of [his] claims.” Connelly, 809 F.3d at 789; see also id. at 787–89 (setting forth the elements of discrimination and retaliation claims).

Here, Shropshire alleged sufficient facts to raise a reasonable expectation that discovery will uncover proof of his discrimination and retaliation claims against Reider and FieldWorks.

4

Shropshire alleged that he performed better and obtained more voter registrations than white coworkers who were not fired because they were held to a lower performance standard. Several of Shropshires African American colleagues were also fired based on performance metrics that were not applied evenly to their white colleagues. And Shropshire was fired after he had publicly opposed these allegedly discriminatory practices. These alleged facts are enough to state facially plausible claims for discrimination and retaliation. See id. at 787–91.

5

Accordingly, we will vacate the District Courts dismissal of Shropshires discrimination and retaliation claims against Reider and FieldWorks,

6

affirm the dismissal of the claims against Gallaway, and remand this case to the District Court for further proceedings.

FOOTNOTES

1

.   Shropshires amended complaint is the operative pleading in this case. Because this is an appeal from an order granting a motion to dismiss under Rule 12(b)(6), “we take the following factual background directly from [that operative pleading] and accept as true all facts set forth therein, drawing all reasonable inferences from such allegations in favor of the Appellant.” Fair Hous. Rights Ctr. in Se. Pa. v. Post Goldtex GP, LLC, 823 F.3d 209, 212 (3d Cir. 2016).

2

.   Shropshire alleged that he obtained a right-to-sue notice from the EEOC, and it appears that the EEOC took no action on his claims. See ECF No. 27 at 2.

3

.   The Appellees’ motion to dismiss the appeal for lack of jurisdiction is denied. Shropshire timely appealed from the District Courts final order entered on March 17, 2020, as his notice of appeal was filed when it was received by the District Court on April 16, 2020. See Han Tak Lee v. Houtzdale SCI, 798 F.3d 159, 163 (3d Cir. 2015) (explaining that a notice of appeal is “filed” when it is received by the clerk); C.A. Doc. No. 9, Ex. 1 (showing receipt on April 16, 2020); see also United States v. Solly, 545 F.2d 874, 876 (3d Cir. 1976) (“[T]he date of receipt by the clerks office controls, rather than the date it is filed by the clerks personnel.”).

4

.   Because Shropshires amended complaint raised no allegations regarding Chris Gallaways involvement in the alleged misconduct, we will affirm the District Courts dismissal of the claims against Gallaway.

5

.   We agree with the District Courts assessment that the complaint indicates that there may be non-discriminatory and non-retaliatory reasons for Shropshires firing. But, at this stage, Shropshire does not “have to anticipate and preempt the [employers] possible explanations.” Martinez v. UPMC Susquehanna, 986 F.3d 261, 267 (3d Cir. 2021).

6

.   To the extent that Shropshire sought to raise other state law claims, the District Court declined to exercise supplemental jurisdiction over those claims based on its resolution of the discrimination and retaliation claims. The District Court may reconsider that issue on remand.

PER CURIAM