Ward v. D.C. Department of Youth Rehabilitation Services
768 F. Supp. 2d 117
D.D.C.2011Background
- Ward, a correctional officer for DYRS, sues for retaliation and hostile work environment under Title VII and the DCHRA.
- DYRS moves to dismiss Ward’s complaint under Rule 12(b)(6).
- Ward filed a DCOHR/EEOC discrimination charge in March 2008 regarding the same conduct.
- The DCOHR charge reached resolution; Ward did not withdraw it before DCOHR’s findings.
- The court substitutes the District of Columbia for DYRS because DYRS is not sui juris, and dismisses the DCHRA claims.
- The court grants the motion in part: DCHRA claims are dismissed; DC substituted as defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DCHRA claims are precluded by the DCOHR charge | Ward | Ward filed the DCOHR charge on the same conduct | DCHRA claims dismissed |
| Whether the District of Columbia should be substituted for DYRS as defendant | Ward seeks to proceed against the DC instead of DYRS | DYRS lacks capacity to sue; substitution appropriate | District of Columbia substituted for DYRS |
| Whether the DCHRA dismissal requires amendment or withdrawal of the administrative charge | Ward may amend to proceed in court | No withdrawal evidence; claims barred | DCHRA claims dismissed; no amendment allowed |
Key Cases Cited
- Adams v. Dist. of Columbia, 740 F. Supp. 2d 173 (D.D.C. 2010) (choice of administrative or judicial forum under DCHRA)
- Carter v. Dist. of Columbia, 980 A.2d 1217 (D.C.2009) (DCHRA forum election and withdrawal rules)
- Hunter v. D.C. Child & Family Servs. Agency, 710 F. Supp. 2d 152 (D.D.C.2010) (substitution when a DC agency is named)
- Ennis v. Lott, 589 F. Supp. 2d 33 (D.D.C.2008) (agency not sui juris; substitution appropriate)
- Cooper v. Farmers New Century Ins. Co., 607 F. Supp. 2d 175 (D.D.C.2009) (conceding arguments for dismissal when not opposed)