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United States District Court for the Middle District of Tennessee, Nashville Division
April 25, 2014, Filed
TO: Honorable Kevin H. Sharp, District Judge
REPORT AND RECOMMENDATION
By Order entered January 31, 2013 (Docket Entry No. 9), this action was referred to the Magistrate Judge for management of the case, to dispose or recommend disposition of any pretrial motions under 28 U.S.C. §§ 636(b)(1)(A) and (B), and to conduct further proceedings, if necessary, under Rule 72(b) of the Federal Rules of Civil Procedure and the Local Rules of Court.
Presently pending before the Court is the Defendant's motion for summary judgment (Docket Entry No. 36), to which the plaintiff has responded in opposition. See Docket Entry Nos. 42-43. Set out below is the Court's recommendation for disposition of the motion.
The plaintiff is employed by Jo-Ann Stores, LLC ("Jo-Ann"), as a part-time retail employee in Jo-Ann's Cool Springs store located in Williamson County, Tennessee. She has been [*2] continuously employed at Jo-Ann since 2006. On March 11, 2011, she filed a charge of discrimination ("Charge") against Jo-Ann with the Tennessee Human Rights Commission alleging that she was being discriminated against based on her race, national origin, age, religion, and creed. See Docket Entry No. 39-3. The Charge contained checkmarked boxes asserting that the alleged discrimination took the form of "harassed/intimidated," "retaliated against," "demoted," "failure to hire," "failure to promote," "denied benefits (leave, insurance, etc.)," and "denied religious accommodation," and included a single page narrative of events that had occurred. Id. On September 21, 2012, the U.S. Equal Employment Opportunity Commission ("EEOC") issued the plaintiff a right-to-sue letter after finding that the information she had provided did not support her allegations of discrimination. See Docket Entry No. 8-1, at 1.
On December 26, 2012, the plaintiff filed the instant action against Jo-Ann under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq. ("Title VII"), and under Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a ("Title I"). The plaintiff asserts that [*3] the action was brought "to correct unlawful employment practices based on religion, age, race, and ethnic origin, and to provide appropriate relief." See Complaint (Docket Entry No. 1), at 1. She alleges that:
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2014 U.S. Dist. LEXIS 58148 *; 2014 WL 1665048
ANNE A. SEARS v. JO-ANN STORES, INC.
Subsequent History: Adopted by, Objection overruled by, Motions ruled upon by, Summary judgment granted by, Dismissed by Sears v. Jo-Ann Stores, Inc., 2014 U.S. Dist. LEXIS 100156 (M.D. Tenn., July 23, 2014)
allegations, summary judgment motion, deadlines, discovery, summary judgment, amend, adverse employment action, Recommendation, amended complaint, scheduling order, ethnic origin, religious, retaliation, deposition, promotions, employees, pleadings, hair, non-moving, contends, genuine, parties, slander, libel