United States District Court, M.D. Georgia, Macon Division
DIANA R. HUMBLE, Plaintiff,
CIRRUS EDUCATION GROUP, INC., Defendant.
T. TREADWELL, JUDGE
Cirrus Education Group, Inc. (“Cirrus Academy”)
has moved to dismiss Plaintiff Diana R. Humble's claims
and strike factual allegations regarding Ginger Snow and
Susan Campbell. Doc. 7. For the following reasons, the
motion to dismiss is GRANTED in part and
DENIED in part. The motion to strike is
is a Caucasian female who began working as a special
education teacher at Cirrus Academy on or around July 29,
2016. Doc. 1 ¶¶ 4, 6. The majority of Cirrus
Academy's employees are African-American. Id.
¶ 9. Humble claims that, “[f]rom the beginning of
her employment, ” she was treated differently from her
African-American co-workers. Id. ¶ 11. She
alleges that she and two white co-workers, Snow and Campbell,
“received the brunt of the disparate treatment,
harassment, and retaliation” based primarily on their
race. Id. ¶ 10. Humble alleges that,
“[u]nlike other teachers, ”
(1) “[she and Snow] were provided with little-to-no
start up furniture or supplies for their classrooms;”
(2) she was “not initially provided with a planning
(3) she was “assigned many additional assignments other
than the duties assigned to her position;”
(4) she was not provided “with supplies and materials
necessary for certain programs or instruction;”
(5) “[she along with Campbell and Snow] were
‘written up' for actions that were considered
acceptable when taken by their black coworkers;” and
(6) she was “largely ignored” in November by Dr.
Ashanti Johnson, the African-American Superintendent of
Id. ¶ 11. Humble also alleges that her annual
salary was approximately $5, 000-$10, 000 less than that of
her African-American coworkers in similar positions.
Id. ¶ 12.
August 2016, Humble “began raising concerns in email
messages and meetings with her supervisors regarding Cirrus
Academy's compliance with state and federal requirements
for special education.” Id. ¶ 16.
“At a certain point, [Humble] felt compelled to report
her concerns to the Georgia Department of Education, ”
but allegedly received threats from her supervisors not to
contact the department or report any violations. Id.
¶¶ 16-17. After eventually contacting the Georgia
Department of Education, Humble alleges that the hostility
and retaliation from her supervisors increased. Id.
¶ 17. On January 27, 2017, Humble filed a third-party
complaint with the Georgia Department of Education under the
Individuals with Disabilities in Education Act to report her
concerns about the implementation of Cirrus Academy's
individualized education program. Id. ¶ 18. The
Georgia Department of Education subsequently found that
Cirrus Academy did not comply with the requirements for
implementing an individualized education program.
November 2016, Humble states she received “frequent
anonymous text messages that were littered with profanity,
racial epithets, and even threatens [sic] of physical
violence.” Id. ¶ 13. Snow and Campbell
also allegedly received these messages. Id. While
Humble could not identify the sender of the messages, she
claims the content and pictures contained therein show the
messages were sent by another Cirrus Academy employee.
Id. Humble states that Cirrus Academy contacted the
Bibb County Sheriff's Office to investigate these text
messages but took no further action “to avert or
curtail the continued harassment.” Id. ¶
15. Humble also alleges that in December 2016, she received
an email, “which appeared to be from Dr. Jackson [sic],
” suggesting that Humble should resign and not
“underestimate” Johnson's “power and
abilities.” Id. ¶ 14.
January 2017, Humble went on unpaid leave due to the alleged
harassment and anonymous threats of physical violence.
Id. ¶ 19. On January 26, 2017, Humble timely
filed a Charge of Discrimination with the Equal Employment
Opportunity Commission (“EEOC”). Id.
¶ 20. Specifically, in the EEOC charge, Humble alleged
I began my employment with the above employer on July 25,
2016, as a Special Education Teacher. On October 27, 2016,
and continuing, I have been subjected to racially hostile
emails. I have also been harassed and bullied by other
teachers. I complained to Dr. Ashanti Johnson,
Superintendent, and to date, no action has been taken to
alleviate my concerns. I believe that I have been
discriminated against because of my race (White), in
violation of Title VII of the Civil Rights Act of 1964, as
Doc. 7-2 at 2. Humble received her right-to-sue letter on
February 20, 2017. Doc. 1 ¶ 20.
Count I of her complaint, Humble asserts a claim for
“Racial Discrimination and Harassment in Violation of
Title VII of the Civil Rights Act.” Id. ¶
22. The parties assume, and the Court assumes as well for the
purposes of Cirrus Academy's motion, that Humble asserts
three specific Title VII claims: (1) a hostile work
environment claim; (2) a disparate treatment claim; and (3) a
pay discrimination claim. Docs. 7-1 at 4; 9 at 3. In Count