52 F. Supp. 3d 62
D.D.C.2014Background
- Miller, age 72, sues Mayor Gray in official capacity alleging age discrimination and retaliation by DCPS across three hiring cycles (2009, 2010, 2011).
- Plaintiff alleges qualifications and nuanced experience (degrees, licenses, prior teaching) support his applications.
- DCPS allegedly rejected Miller for teaching/administrative roles citing rubric/experience, and in some instances comments suggesting age balance.
- Plaintiff filed three EEOC charges (2009, 2011, 2012) and the EEOC issued right-to-sue notices, with the DCOHR cross-filing worksharing in effect.
- Defendant moved to dismiss the DCHRA claim under Rule 12(b)(6); plaintiff argued DCHRA claim is timely and properly pled.
- Court denied the motion, substituting the District of Columbia as the proper defendant for official-capacity claim and finding the DCHRA claim adequately pled and timely under tolling rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the proper-party issue requires dismissal | Miller Sued Gray in official capacity, which the court substitutes with DC. | Mayor named; should be proper party. | No dismissal; DC substituted as defendant. |
| Whether the DCHRA claim is adequately pled | Complaint sets out age, qualifications, non-selection, and replacement by younger workers. | Rule 8 pleading insufficient to state DCHRA claim. | DCHRA claim plausibly pleaded. |
| Whether the DCHRA claim is timely due to tolling | EEOC cross-filing tolls DCHRA statute; right-to-sue issued 9/30/2013; filing 12/19/2013 within one year after EEOC notice. | Untimely under state statute absent tolling. | Timely due to EEOC cross-filing tolling and right-to-sue notice. |
Key Cases Cited
- Will v. Mich. Dep't of State Police, 491 U.S. 58 (1989) (official-capacity suit not personal liability; agency liable)
- Krieger v. Fadely, 211 F.3d 134 (D.C. Cir. 2000) (not necessary to plead all elements at motion to dismiss)
- Jones v. Air Line Pilots Ass’n, Int’l, 642 F.3d 1100 (D.C. Cir. 2011) (employment discrimination pleading not require every fact for prima facie case)
- Schuler v. PricewaterhouseCoopers, LLP, 514 F.3d 1365 (D.C. Cir. 2008) (cross-filing tolling under worksharing agreement; administrative filing timing)
- Ibrahim v. Unisys Corp., 582 F. Supp. 2d 41 (D.D.C. 2008) (deferral/termination of DCOHR proceeding; tolling effected)
- Griffin v. Acacia Life Ins. Co., 925 A.2d 564 (D.C. 2007) (state-law basis for administrative termination referenced)