Williams v. Johnson
794 F. Supp. 2d 22
D.D.C.2011Background
- Williams was Chief of the Center of Research Evaluation and Grants for DC APRA; in 2006 she testified at a DC Council hearing about ACIS software failures.
- Following her testimony, Williams alleges a campaign of harassment and retaliation by supervisors, ending with attempts to terminate her for residency issues.
- She sent four pre-suit notice letters (Aug 2006, Oct 2006, Nov 2006, Mar 2007) detailing harassment and wrongful termination; she remained employed at the time.
- Williams resigned in June 2007 to take a lower-paying federal position and did not send post-resignation pre-suit notice.
- She filed suit seeking back pay and front pay; the DC moved for summary judgment asserting lack of pre-suit notice under the DCWPA as of 2006.
- DC Council later amended the DCWPA in 2009 to remove the pre-suit notice requirement, creating the central issue of retroactivity and application to this pending case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2009 DCWPA amendment applies retroactively | Williams | District | Amendment applied; retroactive procedural change |
| Does the pre-suit notice requirement affect substantive rights | Williams argues notice is procedural and to be eliminated by amendment | District | Pre-suit notice is procedural; removal does not harm substantive rights |
| Is pre-suit notice a sovereign-immunity waiver mechanism | Williams relies on continuity of waiver notwithstanding amendment | District | Not a sovereign-immunity waiver; procedural change applies to pending case |
Key Cases Cited
- Lacek v. Washington Hosp. Ctr. Corp., 978 A.2d 1194 (D.C.2009) (pre-suit notice as procedural, not substantive, under DCWPA)
- Landgraf v. USI Film Prods., 511 U.S. 244 (U.S. 1994) (no retroactive effect for procedural changes that regulate secondary conduct)
- Immigration & Naturalization Serv. v. St. Cyr, 533 U.S. 289 (U.S. 2001) (functional view of substantive vs. procedural changes)
- Tucci v. District of Columbia, 956 A.2d 684 (D.C.2008) (pre-suit notice not a waiver of immunity; it is a procedural condition)