United States District Court, W.D. Louisiana, Monroe Division
L. HAYES MAG. JUDGE
A. DOUGHTY UNITED STATES DISTRICT JUDGE
before the Court is Defendants' Motion to Dismiss and/or
Motion for Summary Judgment [Doc. No. 24]. Defendants argue
that Plaintiff China Telano (“Telano”) improperly
named Evans Oil Company, LLC (“Evans”) as a
Defendant in this employment discrimination matter when she
was employed solely by Daily Press, LLC (“Daily
Press”). Additionally, Defendants move for dismissal of
Telano's claims under Title VII of the Civil Rights Act
of 1964 (“Title VII”), 42 U.S.C. § 2000e,
et seq., and the Americans with Disabilities Act
(“ADA”), 42 U.S.C. § 12201, et
seq., because she failed to exhaust her administrative
remedies against Daily Press. Telano opposes summary judgment
on both arguments.
following reasons, Defendants' Motion to Dismiss and/or
Motion for Summary Judgment is DENIED.
was a day shift manager of the Daily Press on Louisville
Avenue in Monroe, Louisiana, at the time of her termination.
she began her employment, Telano signed documents for the
Daily Press. She was also paid weekly by the Daily Press. As
manager, she had the authority to hire, fire, and train Daily
Press employees at her store.
about February 16, 2017, Telano alleges that she was injured
during the course and scope of her employment, which she
further alleges caused injury to her sciatic nerve and
permanent injury to her leg. Telano alleges that she
requested a reasonable accommodation of a stool to sit
occasionally, but that she was denied this requested
March 2, 2017, Jeff Bennett (“Bennett”), the
General Manager of Daily Press, terminated Telano's
employment. Telano alleges that he did so in retaliation for
making a request for accommodation and that she was told that
she was being terminated for filing a workers'
compensation claim. Defendants contend that Telano was
terminated for serious food safety issues that occurred under
about April 4, 2017, Telano filed a charge of discrimination
with the Equal Employment Opportunity Commission
(“EEOC”) against Evans Oil d/b/a Daily Press,
alleging that she had been subjected to discrimination based
on sex and disability.
April 11, 2017, counsel for Telano sent a letter of
representation to Evans Oil, Petro Evans, LLC (“Petro
Evans”), and Daily Press, noting that Telano was a
joint employee of all three companies. Telano made written
demand for failure to pay leave time accrued but not taken at
the end of her employment. On April 21, 2017, an attorney
sent a letter to Telano's counsel responding to
Telano's claims, denying that Telano was employed by
Evans Oil or Petro Evans and further denying that she was
entitled to further payments.
about May 16, 2018, the EEOC terminated its processing of the
charge and, at Telano's request, issued a Notice of Right
August 13, 2018, Telano filed a Petition in the Fourth
Judicial District Court, Ouachita Parish, State of Louisiana,
alleging sex discrimination in violation of Title VII,
disability discrimination in violation of the ADA, and
failure to properly pay wages in violation of the Louisiana
Wage Payment Statute.
November 8, 2018, Defendant removed the case to this Court.
December 3, 2018, Evans Oil filed an Answer alleging Telano
was never an employee of Evans Oil, she was an employee of
Daily Press at all material times, and ...