PLAINTIFF BURKE’S MEMORANDUM OF LAW IN OPPOSITION OF DEFENDANT’S MOTION TO DISMISS
INTRODUCTION
Plaintiff, Deborah Burke, is opposing Defendant’s Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Burke asks that the Court deny the motion because her Complaint satisfies the standard set by Rule 8(a)(2) and the two prong test. Ashcroft v. Iqbal, 556 U.S. 662-79(2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544-63 (2007). Further, the conduct was sufficiently severe or pervasive to constitute a sexually hostile work environment because it meets the objective and subjective tests by looking at all the circumstances and Burke exhausted her administrative remedies because the retaliation claim falls under an exception fro administrative requirements. STATEMENT OF FACTS Burke was an employee of Strickland Watson, Pierce, P.C., a …show more content…
EEOC Determination, Dec. 11, 2015. Her husband has been unemployed for years and his disability benefits will expire soon. EEOC Determination. Burke consistently got favorable reviews during her decade of employment at Strickland. EEOC Determination. Gordon was hired at the beginning of Burke’s last year there. Pl.’s Compl. ¶ 6. A history of harassment began when Gordon gave her a coffee that had Burke’s name written with a heart and winking face and said Burke could pay her back with dinner. Pl.’s Compl. ¶ 9. Afterwards, Gordon called Burke cutie and hottie several times in person and over email, some of which contained winks. Pl.’s Compl. ¶ 11-13. Burke told Gordon that these remarks made her uncomfortable, but Gordon said she was just being friendly. Pl.’s Compl. ¶ 14. Gordon continued to make Burke uncomfortable by following her around three times and asking her to private dinners four times. Pl.’s Compl. ¶ 15.Gordon also told Burke that she was a knockout. Ex. C, Dec. 12, 2014. Then, Gordon invited Burke to an LGBT event for Valentine’s Day. Ex. D, Feb. 13,
INTRODUCTION
Plaintiff, Deborah Burke, is opposing Defendant’s Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Burke asks that the Court deny the motion because her Complaint satisfies the standard set by Rule 8(a)(2) and the two prong test. Ashcroft v. Iqbal, 556 U.S. 662-79(2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544-63 (2007). Further, the conduct was sufficiently severe or pervasive to constitute a sexually hostile work environment because it meets the objective and subjective tests by looking at all the circumstances and Burke exhausted her administrative remedies because the retaliation claim falls under an exception fro administrative requirements. STATEMENT OF FACTS Burke was an employee of Strickland Watson, Pierce, P.C., a …show more content…
EEOC Determination, Dec. 11, 2015. Her husband has been unemployed for years and his disability benefits will expire soon. EEOC Determination. Burke consistently got favorable reviews during her decade of employment at Strickland. EEOC Determination. Gordon was hired at the beginning of Burke’s last year there. Pl.’s Compl. ¶ 6. A history of harassment began when Gordon gave her a coffee that had Burke’s name written with a heart and winking face and said Burke could pay her back with dinner. Pl.’s Compl. ¶ 9. Afterwards, Gordon called Burke cutie and hottie several times in person and over email, some of which contained winks. Pl.’s Compl. ¶ 11-13. Burke told Gordon that these remarks made her uncomfortable, but Gordon said she was just being friendly. Pl.’s Compl. ¶ 14. Gordon continued to make Burke uncomfortable by following her around three times and asking her to private dinners four times. Pl.’s Compl. ¶ 15.Gordon also told Burke that she was a knockout. Ex. C, Dec. 12, 2014. Then, Gordon invited Burke to an LGBT event for Valentine’s Day. Ex. D, Feb. 13,