Where a former employee alleged facts plausibly suggesting that she was subjected to a hostile work environment, retaliated against after she complained about the conduct and that a reasonable person would have felt compelled to resign, as she did, her claims survived the motion to dismiss.
Background
Janyia Sunkins’ second amended complaint asserts claims for hostile work environment, constructive discharge and retaliation under Title VII of the Civil Rights Act and the Virginia Human Rights Act, or VHRA, against Hampton Roads Connector Partners, or HRCP. HRCP has filed a motion to dismiss.
Hostile work environment
HRCP argues that the alleged harassment is not sufficiently severe or pervasive as a matter of law to state a viable claim. The court disagrees. The allegations of a supervisor’s direct sexual proposition following plaintiff’s complaints of unwelcome conduct to him, combined with the ongoing conduct of plaintiff’s coworker and HRCP’s apparent failure to address the situation, establishes a claim of a sufficiently severe or pervasive hostile workplace at this motion to dismiss juncture. Even comparing incidents of sexual harassment in the abstract, the conduct alleged here is at least comparable to conduct in other cases where courts in this circuit sustained plaintiffs’ hostile work environment claims.
Constructive discharge
Count Two alleges that the HRCP violated Title VII and VHRA by constructively discharging her. “To establish a hostile-environment...
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