Opinion
Civil Action No. 98-2285 Section: "R" (4)
October 11, 2000
ORDER AND REASONS
Before the Court are unopposed motions by defendants Craig T. Webre, Sheriff of the Parish of Lafourche, and Larry Benoit to dismiss plaintiff Tina Boquet's claims of sexual harassment under Title VII of the Civil Rights Act of 1964 and Louisiana Revised Statutes Section 23:332 against them in their individual capacities pursuant to Federal Rule of Procedure 12(c). For the following reasons, the Court grants defendants' motions.
I. Background
This case arises from plaintiff Tina Boquet's allegations of sexual harassment. The Lafourche Parish Sheriff's Office hired her on January 11, 1993 as a deputy sheriff. She worked as a dispatcher until June 27, 1994, when she was transferred to the Internal Affairs Division. In March 1996, Captain Larry Benoit joined the Internal Affairs Division and worked with Boquet. Boquet resigned on April 7, 1997, alleging she had been continually sexually harassed by Captain Benoit and had received no resolution of this problem from her supervisors. On August 3, 1998, Boquet filed this lawsuit, claiming that the sexual and gender-based harassment she had endured was so pervasive and so severe that it had altered the conditions of her employment and created an abusive working environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1983, and Louisiana Revised Statutes Section 23:332. She sued the Lafourche Parish Sheriff's Office, Craig T. Webre individually and as Sheriff of Lafourche Parish, and Larry Benoit, individually and in his capacity as a deputy with the Lafourche Parish Sheriff's Office.
Sheriff Webre and Benoit move to dismiss plaintiff's Title VII and section 23:332 claims against them in their individual capacities. They argue neither provision imposes individual liability on employees.
II. Discussion
A. Judgment on the Pleadings Standard
A motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) is subject to the same standard as a Rule 12(b)(6) motion to dismiss. See Thomason v. Nachtrieb, 888 F.2d 1202, 1204 (7th Cir. 1989) ("[A] motion for judgment on the pleadings is subject to the same standard as a motion for dismissal for failure to state a claim."); Davis v. City of Baldwyn, 2000 WL 994469, at *2 (N.D. Miss. July 7, 2000). Accordingly, the Court will "view the pleading in the light most favorable to, and draw all reasonable inferences in favor of, the nonmovant." Youngblood v. Bender, 2000 WL 1059782, at *1 (E.D. La. July 31, 2000) (quoting Park Center, Inc. v. Champion Int'l Corp., 804 F. Supp. 294, 301 (S.D. Ala. 1992)). If it appears beyond a reasonable doubt that the nonmovant can plead or prove no set of facts that would entitle her to relief, the Court may grant judgment on the pleadings. See id.
B. Title VII of the Civil Rights Act of 1964
Sheriff Webre and Benoit argue that Title VII does not permit the imposition of liability upon individuals unless they meet Title VII'S definition of an employer. The Court agrees. In Grant v. Lone Star Co., the Fifth Circuit explained that under Title VII, an "employer" may not discriminate on the basis of sex. Grant v. Lone Star Co., 21 F.3d 649, 651 (.5th Cir. 1994) (citing 42 U.S.C. § 2000e-2). See also Huckabay v. Moore, 142 F.3d 233, 241 (5th Cir. 1998) (defendant not liable under Title VII to extent he acted individually). Under Title VII, an employer includes any "person engaged in an industry affecting commerce who has fifteen or more employees. . . ." 42 U.S.C. § 2000e (b). Plaintiff does not allege, however, that Sheriff Webre or Benoit, in their individual capacities, employ fifteen or more employees. Therefore, as neither Sheriff Webre nor Benoit is an employer under Title VII, the Court dismisses plaintiff's Title VII claims against them in their individual capacities.
C. Louisiana Revised Statutes Section 23:332
Sheriff Webre and Benoit also argue that plaintiff cannot assert a claim against them in their individual capacities under Louisiana Revised Statutes Section 23:332. Part IV of Louisiana's Prohibited Discrimination in Employment Act makes it unlawful for an "employer" to discriminate against an individual on the basis of sex. See LA. R.S. § 23:332. The Act defines employer as "a person, association, legal or commercial entity, or any state agency, board, commission, or political subdivision of the state receiving services from an employee and, in return, giving compensation of any kind to an employee." LA. R.S. § 23:302. Section 23:302 further specifies that the Act "shall apply only to an employer who employs twenty or more employees. . . ." Id. As plaintiff does not allege that Sheriff Webre or Benoit, in their individual capacities, received services from or compensated her or that they individually employed more than twenty employees, she cannot state a cause of action against them under the Act. Therefore, the Court dismisses plaintiff's section 23:332 claims against Sheriff Webre and Benoit in their individual capacities.
III. Conclusion
For the foregoing reasons, the Court grants defendants Sheriff Craig Webre and Larry Benoit's motions to dismiss plaintiff Tina Boquet's claims under Title VII of the Civil Rights Act of 1964 and Louisiana Revised Statutes Section 23:332 against them in their individual capacities.