889 F. Supp. 2d 73
D.D.C.2012Background
- Alraee, former professor at UDC, sued the University and staff, alleging Title VII discrimination and various state-law claims.
- He was appointed in August 2008 on probationary status under a collective bargaining agreement with UDC.
- In 2009, UDC demanded an annual faculty evaluation; Alraee allegedly failed to submit by the deadline.
- In March 2010, UDC notified that his appointment would not be renewed; May 2010 termination followed.
- Alraee contends the reasons were pretextual and that he faced disparate treatment and retaliation related to FAA proceedings and a student-record incident.
- The court granted UDC’s Rule 12(b)(6) motion to dismiss the Title VII claim for failure to exhaust, and remanded the remaining state-law claims to D.C. Superior Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alraee exhausted Title VII remedies. | Alraee asserts Title VII claims survive beyond exhaustion. | UDC argues failure to file EEOC/DC HR charge within time bars claims. | Title VII claim dismissed for lack of exhaustion. |
| Whether to retain or remand state-law claims after federal claims are dismissed. | State-law claims may proceed in federal court under supplemental jurisdiction. | Court should decline supplemental jurisdiction when federal claims fail and remand is appropriate. | Court declines supplemental jurisdiction and remands state-law claims to D.C. Superior Court. |
Key Cases Cited
- Payne v. Salazar, 619 F.3d 56 (D.C. Cir. 2010) (exhaustion prerequisite for Title VII claims)
- Twombly v. Bell Atlantic Corp., 550 U.S. 544 (U.S. 2007) (plausibility standard for pleading)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (threadbare recitals insufficient; need factual allegations)
- Brown v. District of Columbia, 514 F.3d 1279 (D.C. Cir. 2008) (pro se pleadings are construed liberally)
- Ali Shafi v. Palestinian Authority, 642 F.3d 1088 (D.C. Cir. 2011) (discretion to retain or remand pendent state-law claims)
- Johnson v. District of Columbia, 552 F.3d 806 (D.C. Cir. 2008) (exhaustion under CMPA unresolved jurisdictional issue)