Date of last filing: 09/16/2022

5/13/21
Olivia Ballage filed a complaint against Hope & Home alleging Ross Wright engaged in discrimination based on sex, race and disability. (Doc. 1)
10/20/21
Hope & Home file their answer to the complaint, denying all allegations of sex discrimination, race discrimination, disability discrimination, and retaliation. (Doc. 19)
Hope & Home file a motion to dismiss sex and race discrimination claims and explains why these allegations should be dismissed. (Doc. 20)
11/10/21
 Olivia Ballage opposes the defendant’s motion to dismiss and shares specific examples of why these allegations should not be dismissed. (Doc. 22)
11/29/21
Hope & Home's reply in support of partial motion to dismiss. (Doc. 23)

The next step will be Discovery: formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial.

NOTABLE EVENTS

08/29/22
Judge ruled on partial motion to dismiss. (Doc. 28)

1. Allegations concerning other employees. "The Court will consider Plaintiff’s allegations concerning other employees in evaluating the sufficiency of her Title VII hostile work environment claims."

2. Disparate Treatment. Ms. Ballage claims paychecks were withheld after maternity leave. Hope & Home denied withholding paychecks, but did "not address Plaintiff’s disparate treatment claims, at all." The court finds that those claims should PROCEED.

3. Sexually hostile work environment. "The Court finds that Plaintiff has alleged sufficient facts to support a finding or inference of either severe or pervasive sexual harassment." Hope & Home's request to dismiss is DENIED.

"The Court also finds that Plaintiff has adequately alleged a claim for constructive
discharge resulting from a sexually hostile work environment."

4. Racially Hostile Work Environment. "While a close call, the Court finds that these allegations... are enough to state a plausible claim... particularly given that Plaintiff alleges more than one protected trait. "Hope & Home's motion to dismiss is DENIED. 

5. The Title VII Retaliation Claims.  Ms. Ballage did not provide sufficient allegations to show that she reported discrimination while employed.  Plaintiff’s Title VII retaliation claims are DISMISSED for failure to state a claim. 

6. Disability discrimination. Hope & Home provided no argument for the dismissal of these claims. Remaining disability claims PROCEED.