Crawford v. Johnson
166 F. Supp. 3d 1
D.D.C.2016Background
- Crawford, an African-American SSO at DHS, alleged 11 discriminatory/retaliatory acts under Title VII from Nov 2010 to Dec 2011.
- He first contacted an EEO counselor Oct 25, 2011 and filed a formal EEO complaint Feb 7, 2012.
- The body of the EEO complaint referenced eight incidents; exhibits allegedly referenced three additional incidents.
- The DHS EEO office limited investigation to the eight incidents named in the body; the three attached incidents were not investigated.
- The DHS motion sought dismissal/summary judgment for failure to exhaust administrative remedies for the three remaining acts; Crawford argued attachments should be treated as integrated evidence.
- The court granted the motion, finding Crawford failed to exhaust those three claims because they were not referenced in the body of the EEO complaint or properly amended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion via attachment versus body of EEO complaint | Crawford attached exhibits asserting the three incidents; they should be integrated. | Exhaustion requires inclusion in the formal EEO complaint body or timely amendment. | Attachments alone insufficient for exhaustion; three claims not included in the formal complaint. |
| Amendment to include omitted claims | Crawford attempted to amend; not properly pursued before investigation concluded. | No timely amendment to include the three incidents. | Failure to amend prevents exhaustion of the three remaining claims. |
| Scope of claims in EEO proceedings | Exhibits reflect broader harassment claims tied to the same timeframe. | Exhaustion requires formal inclusion or like/related claims within the complaint. | Three incidents not exhausted as they were not stated or properly incorporated in the EEO complaint. |
Key Cases Cited
- Hamilton v. Geithner, 666 F.3d 1344 (D.C. Cir. 2012) (informal claims must be included in the formal EEO complaint to exhaust)
- National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (discrete incidents constitute separate unlawful employment practices; must exhaust)