In October 2019, Plaintiff began her employment with Defendant as an Aviation Security Officer. Dkt. No. 1. Defendant is a subsidiary of Akima, LLC which in turn is owned by NANA Regional Corporation, an Alaska Native Corporation. See Dkt. No. 5. In February 2022, Defendant terminated Plaintiff’s employment. Dkt. No. 1 at 1. Plaintiff filed a discrimination complaint with the United States Equal Employment Opportunity Commission (“EEOC”). Id. In her complaint, Plaintiff alleged gender discrimination, retaliation, and a hostile work environment. Id. The EEOC dismissed the charge citing jurisdictional limitations over cases involving private membership clubs or tribal entities. Dkt. No. 1-1 at 7.
Before the Court are “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 14), Plaintiff’s “Objections to the U.S. Magistrate Judge’s and Recommendations Issued on September 12, 2023” (“Objections”) (Dkt. No. 15), and Defendant’s “Response to Plaintiff’s Objections to Magistrate’s Report and Recommendations (“Response”) (Dkt. No. 16). The R&R recommends (1) granting Defendant’s Motion to Dismiss (Dkt. No. 5); (2) dismissing with prejudice Plaintiff’s claims; and (3) directing the Clerk of Court to close this case.In October 2019, Plaintiff began her employment with Defendant as an Aviation Security Officer. Dkt. No. 1. Defendant is a subsidiary of Akima, LLC which in turn is owned by NANA Regional Corporation, an Alaska Native Corporation. See Dkt. No. 5. In February 2022, Defendant terminated Plaintiff’s employment. Dkt. No. 1 at 1. Plaintiff filed a discrimination complaint with the United States Equal Employment Opportunity Commission (“EEOC”). Id. In her complaint, Plaintiff alleged gender discrimination, retaliation, and a hostile work environment. Id. The EEOC dismissed the charge citing jurisdictional limitations over cases involving private membership clubs or tribal entities. Dkt. No. 1-1 at 7.Plaintiff filed her Complaint (Dkt. No. 1), asserting that Defendant violated Title VII of the Civil Rights Act of 1964 by fostering a discriminatory work environment. Dkt. No. 1 at 8. Plaintiff claims that Defendant allowed supervisors and managers to discriminate and retaliate based on her Mexican American identity and prior engagement in protected activity: filing a discrimination complaint with the Texas Workforce Commission Civil Rights Division. Id.
Defines where disputes must be litigated (state vs. federal), which affects cost, leverage, and practical enforceability for shareholders.