Equal Employment Opportunity Commission v. Nalbandian Sales, Inc.

MEMORANDUM OPINION RE: DEFENDANT’S MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(6)

I. INTRODUCTION

Plaintiff Equal Employment Opportunity Commission (“EEOC”) commenced this lawsuit against Defendant Nalbandian Sales, Inc., alleging Defendant impermissibly “retaliated” against a former employee (the charging party) in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a).

Defendant moves to dismiss the Plaintiffs complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff opposes the pending motion. For the reasons set forth in this opinion, Defendant’s motion to dismiss the complaint is DENIED.

II. FACTUAL BACKGROUND

Mr. Roger Benavidez, the charging party, had been employed by Defendant since 1983 ostensibly on a “seasonal” basis. His last position with Defendant was as a forklift driver. In January of 1995 Mr. Benavidez’s sister, Maria Benavidez Pierce, a former employee of Defendant, filed a charge of discrimination against Defendant with the California State Department of Fair Employment and Housing (“DFEH”) and the EEOC.

Mr. Benavidez solicited a position with the Defendant for the 1995 season, but was not “hired” or “rehired.”…