Brewer v. District of Columbia, 891 F. Supp. 2d 126

Brewer, a DCPS teacher for 28 years, was terminated in Oct. 2009 under a RIF.
Brewer alleges age discrimination under the ADEA based on RIF use and older-teacher discrimination.
Defendants allegedly directed the RIF, including actions by former DCPS Chancellor Rhee.
RIF allegedly violated DCMR 5-E DCMR §§ 1501, 1503 and priority-list procedures.
Brewer filed an EEOC charge and received a March 29, 2011 right-to-sue letter.
This federal action was filed in June 2011; a prior DC Superior Court action was dismissed without prejudice in 2012.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Exhaustion of EEOC remedies for ADEA claim	Brewer exhausted via EEOC→right-to-sue letter	Defendants claim untimely EEOC filing	Plaintiff exhausted; timely filed civil action.
DC regs/CMPA exhaustion requirements	State remedies not mandatory for federal ADEA claims	Remedies under DC regs required	No exhaustion requirement under DC regs before federal suit.
Res judicata, collateral estoppel, parallel litigation	Prior Superior Court action precludes claim	Preclusion applies given related action	Not barred due to dismissal without prejudice; no final judgment.

Washington v. Wash. Metro. Area Transit Auth., 160 F.3d 750 (D.C. Cir. 1998) (ADEA exhaustion and administrative prerequisites)
Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading plausibility standard)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading standard requires plausible claims)
Scheuer v. Rhodes, 416 U.S. 232 (U.S. 1974) (notice-pleading sufficiency)
Conley v. Gibson, 355 U.S. 41 (U.S. 1957) (early pleading standards)
Swierkiewicz v. Sorema N.A., 534 U.S. 506 (U.S. 2002) (no requirement to plead prima facie case)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (material facts and genuine disputes for summary judgment)
Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment burden-shifting)