Johnson v. Edward Jones & Co., L.P.
MEMORANDUM. Signed by Chief Judge Catherine C. Blake on 5/23/2017. (bas, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
CHARLENE D. JOHNSON
EDWARD D. JONES & CO., L.P.
: CIVIL NO. CCB-17-124
Plaintiff Charlene Johnson, an African-American who was fired from her job at Edward
D. Jones & Co., L.P. (“Edward Jones”) on February 5, 2016, has filed suit in this court alleging
racial discrimination and retaliation in connection with her wages and her termination. Now
pending is a motion to dismiss Counts I – IV of the amended complaint. The motion has been
fully briefed. It will be granted as to Counts I and II, and denied as to Counts III and IV.
Counts I and II relate to alleged wage discrimination. Ms. Johnson does not object to
dismissal of Count II. As to Count I, it is largely if not entirely time-barred. Further, there is no
factual support proffered for the allegation that any difference in the participation of Caucasian
employee Mary Ellen Mavilia in the bonus programs in effect in 2013 and 2014, compared to
Ms. Johnson’s participation in the bonus programs in effect in 2005, was based on race. Finally,
it is not disputed that at all times Ms. Johnson earned more than Ms. Mavilia.
Counts III and IV relate to the termination of Ms. Johnson’s employment. To the extent
Ms. Johnson alleges it was based on race, Edward Jones asserts she has failed to identify a
comparator subjected to lesser discipline for a similar offense. Ms. Johnson asserts that Ms.
Mavilia committed comparable misbehavior, but was not fired, and that further factual
development is required. Because the case will continue as to Counts V and VI, which also
focus on the alleged reasons for the firing of Ms. Johnson, and because further factual
development would be helpful, the motion will be denied as to Counts III and IV. A motion for
summary judgment, if warranted, may be filed at the close of discovery.
A separate Order follows.
May 23, 2017
Catherine C. Blake
United States District Judge
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