In Miller v. Longs Drugs d/b/a CVS Health, 2:22-cv-01150-JAD-VCF, 2022 WL 17721205 (D. Nev. Dec. 15, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964.
From the decision:
Miller alleges that the CVS Health discriminated against her based on her race. To state a prima facie case of discrimination in violation of Title VII, the Plaintiff must allege: (1) she belonged to a protected class; (2) she was qualified for her job; (3) she was subjected to an adverse employment action; and (4) similarly situated employees not in her protected class received more favorable treatment. Moran v. Selig, 447 F.3d 748, 753 (9th Cir. 2006) (citing Kang v. U. Lim Am., Inc., 296 F.3d 810, 818 (9th Cir. 2002)).
Miller is an African American woman and does fall into a protected class. Miller worked for CVS Health as a Client Liaison Coordinator. ECF 6 at 2. Miller claims in her amended complaint that she was competent and qualified for the role. ECF 6 at 2. She claims was subjected to adverse employment action by being humiliated, verbally attacked, and retaliated against by management. Id. at 2-3. And Miller claims that CVS management subjected her to different terms and conditions of employment than other people on her team and for her role. Id. Miller claims that management informed her that if she had any work complaints, they must be submitted to management in writing. Id. Other similarly situated employees who are not African American and under 40 years of age were allowed to submit their complaints orally to management.
The court concluded that the facts stated in the complaint “adequately allege how similarly situated employees, not in her protected class, received more favorable treatment.”