Verizon store
NEW ORLEANS – Verizon Wireless has denied allegations that it terminated a Louisiana woman’s employment for discriminatory reasons.
Defendants Verizon Wireless Services LLC and Cellco Partnership, doing business as Verizon Wireless, filed an answer to plaintiff Dwanyietta Thibodeaux’s petition originally filed in a state court.
“All actions taken toward Plaintiff were based on legitimate, non-retaliatory and non-discriminatory reasons unrelated to Plaintiff’s alleged race or any other statutorily-protected classification, status or activity,” the 14-page filing states.
The defendants continued, “To the extent any difference in treatment occurred, such difference was the result of a bona fide seniority or merit system that is applied equally to all employees regardless of race.”
Verizon contends it exercised reasonable care to “prevent and promptly correct” any alleged harassing behavior, and Thibodeaux “unreasonably failed” to take advantage of “preventive or corrective opportunities” provided by the company.
Thibodeaux, a former senior retail manager for Verizon, filed her petition in the 24th Judicial District Court, Parish of Jefferson, after she was terminated by the company in October 2024. She contends she was subjected to “disparate treatment, racially charged comments, and unequal disciplinary actions” based on her race.
Her lawsuit stems from an incident at a Harvey-area retail store on May 30, 2024. A white customer had visited the store, seeking to repair a recently-damaged phone screen. When Thibodeaux informed him that an insurance claim would be required for a replacement, costing $400, he became agitated and responded with racial slurs.
More than two months later, in August 2024, Thibodeaux was informed that an internal investigation had been initiated concerning the incident. Then, on Oct. 10, 2024, while on approved medical leave, she was told via phone that her employment had been terminated.
She claims that of the six Verizon employees who were in the store at the time of the incident, only the three Black employees, including herself, were terminated or disciplined.
Verizon, in its answer filed this month, denies any actions were taken simply based on race.
“Defendants admit that three other employees besides Thibodeaux were disciplined or terminated in connection with the incident that took place on May 30, 2024 and that two of those employees are African American,” the filing states.
Verizon, in a February 24 filing, wants the lawsuit moved to federal court.
In its removal notice filed with the U.S. District Court for the Eastern District of Louisiana, Verizon contends the lawsuit doesn’t belong in Louisiana court.
It argues Thibodeaux’s claims for lost wages alone may exceed the jurisdictional threshold of $75,000.
She was “well-compensated in her position,” Verizon contends, earning $91,812.26 in 2024. She also was entitled to a $10,000 stock grant each year, the company notes.
In addition, Thibodeaux seeks compensatory damages for emotional distress, mental anguish, humiliation, loss of enjoyment of life, and damage to her professional reputation.
“The Fifth Circuit has consistently held that such compensatory damages, together with claims for lost wages and attorney’s fees, are properly included in calculating the amount in controversy and routinely exceed the $75,000 threshold in employment discrimination cases,” Verizon writes in its removal notice.
The company also argues that Thibodeaux improperly joined Global Force Security LLC for the “purposes of destroying diversity.”
“Plaintiff’s claims against Global are unrelated to any claim of employment discrimination and lie solely in negligence,” Verizon wrote.
Thibodeaux alleged Global failed to de-escalate the altercation with the customer on May 30, 2024.
As Verizon notes, the prescriptive period in Louisiana for negligence actions occurring on or before July 1, 2024 is one year.
“Given that Plaintiff’s allegations against Global arise out of an alleged incident on May 30, 2024, Plaintiff’s claims against Global are clearly prescribed as the Amended Petition was not filed until January 27, 2026, well over one-year from the alleged incident,” it wrote. “Global should be dismissed from this lawsuit as improperly joined.”
Jackson Lewis PC, with offices in Atlanta and New Orleans, is representing Verizon and Cellco Partnership.
Thibodeaux seeks general and special damages, back pay, front pay, lost benefits, compensatory damages, and attorney’s fees.
She is represented by New Orleans firm Aaron & Gianna PLC.
