24 F. Supp. 3d 76
D.D.C.2014Background
- Frett sues Howard University and related administrators and staff for discrimination, pay, and retaliation; motions to dismiss filed by non-University Howard defendants and Jones and by Howard itself are granted.
- Howard is a federally chartered private HBCU receiving federal funds; governance and allegations involve the Board and its Chair, Wilder.
- Frett, an African American woman, was employed from 2010 to 2012 as Senior Director and Chief Talent Officer; she reports to Jones and alleges a hostile environment and discriminatory acts.
- She alleges Jones used demeaning language, undermined women, and that preferential treatment was given to men and lighter-skinned employees; she faced denied bonuses and altered duties or budgets.
- Frett filed internal EEO complaints in 2011 and 2012, testified to retaliation and harassment, and was terminated in April 2012 in a purported RIF; subsequently, she alleged waste, fraud, and mismanagement.
- The court dismisses Title VII and FCA claims against individuals and non-University defendants due to employer liability limits and notice/standing issues; DCHRA claims against individuals are time-barred; EPA claim remains limited to Howard University.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who is the proper employer for Title VII claims | Frett argues Board may be an employer | Board not employer; only Howard University is | Howard University only is proper employer under Title VII. |
| DCHRA statute of limitations and who is a proper respondent | Non-University defendants may be liable due to agency relationship | No notice/participation; claims barred | DCHRA claims against Jones and non-University defendants dismissed as untimely. |
| FCA retaliation and protected activity against Howard | Whistleblower complaint protected activity | No FCA-based retaliation shown; not linked to FCA claim | Frett's FCA retaliation claim dismissed; no protected FCA activity shown. |
| EPA claim against non-employer defendants | Claims against all defendants | EPA liability limited to employer | EPA claim can proceed only against Howard University. |
Key Cases Cited
- Gary v. Long, 59 F.3d 1391 (D.C. Cir. 1995) (employer status governs Title VII liability; agents’ liability merges with employer)
- Yesudian v. Howard Univ., 270 F.3d 971 (D.C. Cir. 2001) (FCA retaliation requires protected activity and causal link; amended statute limits individual liability)
- Macklin v. Spector Freight Sys., Inc., 478 F.2d 979 (D.C. Cir. 1973) (EEOC charge interpretation; weight given to agency filings)
- Brown v. Children's Nat'l Med. Ctr., 773 F. Supp. 2d 125 (D.D.C. 2011) (individuals not named as respondents cannot be liable under DCHRA if not properly noticed)
- Saunders v. District of Columbia, 789 F. Supp. 2d 48 (D.D.C. 2011) (DCHRA limitations and employer liability framework)
- Zuurbier v. MedStar Health, Inc., 306 F. Supp. 2d 1 (D.D.C. 2004) (Equal Pay Act and Title VII must be construed in harmony; employer liability)