MEMORANDUM OPINION AND ORDER
Pro se plaintiff Linda Cruz-Packer, a former employee of the District of Columbia’s (“District’s”) Department of Youth *184 Rehabilitation Services (“DYRS”), has sued the District and eight individual defendants, alleging common-law defamation and various instances of employment discrimination on the basis of age, sex, and retaliation in violation of federal and state statutes. The individual defendants have moved to dismiss under Rule 12(b)(6) for failure to state a claim as to some or all of the claims. All defendants have moved under Federal Rule of Civil Procedure 12(b)(5) to dismiss for failure to effect proper service of process. They also argue that her employment discrimination claims are barred because she failed to exhaust her administrative remedies. Cruz-Packer has opposed the District’s motion. Because she has failed to state a claim against the individual defendants with respect to some claims, the motions to dismiss claims will be denied in part and granted in part. Because Cruz-Packer did not effect proper service on the individual defendants, the individual defendants will be dismissed from the case for lack of personal jurisdiction. Service on the District was also not effective, but because Cruz-Packer appears to have complied with the requirements for properly serving the District but the District unjustifiably thwarted her efforts, the District’s Rule 12(b)(5) motion will be denied without prejudice and Cruz-Packer will be allowed time to cure. Because she has cured her failure to exhaust her mandatory administrative remedies, the motion to dismiss for failure to exhaust will be denied.
BACKGROUND
Cruz-Packer, a former employee at DYRS’ Oak Hill Youth Center, first complained of discriminatory treatment to the District’s Office of the Inspector General in late October 2006. She then complained of her treatment to the DYRS Human Resources’ Office of Equal Employment (“OEE”) on or about November 13, 2006. She filed a civil action in the Superior Court for the District of Columbia on November 21, 2006 and subsequently filed administrative charges with the Equal Employment Opportunity Commission (“EEOC”) on November 30, 2006. {See Opp’n, Jan. 31, 2007, Ex. 9.) The District removed the Superior Court action to this court.
After removal, Cruz-Packer amended her complaint to allege discrimination on the basis of sex and retaliation for protected activities in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”), age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. (“ADEA”), unfair pay in violation of the Equal Pay Act, 29 U.S.C. §§ 206(d), and — for each of these alleged violations of a federal statute — a parallel violation under the District’s Human Rights Act, D.C.Code §§ 2-1402 et seq. (“DCHRA”). In addition, she alleges a denial of family leave in violation of the federal Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq. (“FMLA”), and common law defamation for statements made by District officials regarding the termination of her employment. The District and seven of the individual defendants filed a motion to dismiss the amended complaint, arguing that service of process was ineffective, that required administrative remedies for Title VII and the ADEA had not been exhausted, and that the individual defendants could not, as a matter of law, be liable under Title VII, the ADEA, the FMLA, and the DCHRA. The eighth individual defendant, Pili Robinson, filed a separate motion to dismiss the amended complaint on the grounds that service of process was ineffective, that he could not be liable under Title VII, and that the complaint failed to allege any conduct by *185 Robinson capable of stating a claim upon which relief could be granted.
Within days after the motions to dismiss were filed, the DYRS OEE issued an exit letter dated March 8, 2007, officially terminating that agency’s administrative process. (See Pl.’s Notice to Court (“Notice”), Ex. E.) Subsequently, at Cruz-Packer’s request, the EEOC issued a right to sue notice on May 18, 2007. (See id., Ex. J.)
DISCUSSION
I. FAILURE TO STATE A CLAIM
The individual defendants argue that the amended complaint fails to state a claim as to each of them because they are not her employers and cannot be held liable for the claims she asserts. Title VII does not impose liability on individuals in their personal capacity. “[WJhile a supervisory employee may be joined as a party defendant in a Title VII action, that employee must be viewed as being sued in his capacity as the agent of the employer, who is alone liable for a violation of Title VII.”
Gary v. Long,
The FMLA, the Equal Pay Act, and the DCHRA all provide for employer liability. In each statute, however, “employer” is defined to include a person acting directly or indirectly in the interest of the employer in relation to the employee. See 29 U.S.C. § 2611(4)(A)(ii) (defining employer for purposes of FMLA liability); 29 U.S.C. § 203 (defining employer for purposes of Equal Pay Act liability); D.C.Code § 2-1401.02 (defining employer for purposes of liability under the DCHRA). Whether any of the individual defendants was Cruz-Packer’s employer as that term is interpreted with respect to each of the statutes would have to be determined on the basis of facts not in evidence at this point. Accordingly, the defendants’ motion to dismiss the FMLA, Equal Pay Act and DCHRA claims is premature. 1
*186 There is no suggestion, though, that a defendant cannot be liable in his personal capacity for common law defamation. Defendant Robinson has argued that the amended complaint offers no facts to link him to the defamation claim, and that this claim against him should be dismissed. Cruz-Packer has not rebutted his argument with either facts or argument. Therefore, the defamation claim against defendant Robinson will be dismissed. 2
II. INEFFECTIVE SERVICE OF PROCESS
A motion under Rule 12(b)(5) to dismiss for failure to effect service of process may be granted when a plaintiff fails to “demonstrate that the procedure employed satisfied the requirements of Rule 4 and any other applicable provision of law.”
Light v. Wolf,
A. Service on individual defendants
Cruz-Packer has submitted proofs of service that establish that she attempted to serve the individual defendants by sending the required papers by certified mail, return receipt requested, to each individual’s business address. Each mailing was delivered within 2 weeks after the action was filed, but the receipts were returned signed by persons other than the individual defendants to be served. Cruz-Packer argues that this manner of service satisfies the provisions of Federal Rule of Civil Procedure 4(e) and D.C. Superior Court Civil Rules (“D.C.Civ. R.”) 4(c)(3) and 4(e)(2), and that the persons signing for the mail were authorized to do so. All of the individual defendants except Robinson have submitted sworn affidavits that they did not authorize anyone to accept service of process on their behalf.
Federal Rule 4 provides that an individual in the United States may be served “following state law for serving a summons in an action brought ... in the state where the district court is located or where service is made.... ” Fed.R.Civ.P. 4(e)(1). 3 One of the ways in which service upon an *187 individual may be effected in the District is “by mailing a copy of the summons, complaint, and initial order to the person to be served by registered or certified mail, return receipt requested.” D.C. Civ. R. 4(c)(3).
Here, Cruz-Packer mailed the required papers to each individual defendant’s business address, but she has not presented any evidence that the papers were delivered to any of the individual defendants. Nor has she shown that the people who signed for the mailings were authorized to receive service of process, as distinct from authorized to receive mail. Cruz-Packer had 120 days within which to achieve proper service of process, Fed. R.Civ.P. 4(m), and the receipts she received bearing the wrong signatures were signed barely two weeks after she filed the action. However, she has made no showing as to why she did not act diligently within the remainder of her 120-day period to properly serve the individual defendants and secure proper proof of service bearing the right individual signatures.
Cruz-Packer, who bears the burden of proof of service, has not established that she has effected service on any of the individual defendants or that she is entitled to more time to do so.
Wilson-Greene v. Dep’t of Youth Rehab. Svcs.,
Civil Action No. 06-2262(RJL),
B. Service on the District
A local or state government may be served process in “the manner prescribed by the law of that state.” Fed.R.Civ.P. 4(j)(2). District law provides that a plaintiff may serve process on the District by mailing—either by registered or certified mail with return receipt requested—a copy of the summons, complaint, and initial order to both the Mayor and the District’s Attorney General. See D.C. Civ. R. 4(c)(3) & (j). If the return receipt is not signed by the intended defendant, an affidavit accompanying the return receipt must include facts which would allow the court to determine that the signatory meets the qualifications for receipt of process, a requirement which can be met through a showing that the signatory is an agent authorized by appointment to receive service of process. D.C. Civ. R. 4(e)(2) & (0(2).
Cruz-Packer sent the required papers by certified mail with a return receipt requested to Tabatha Braxton and Darlene Fields. The receipts were returned, however, signed by persons other than those to whom the mail was addressed.
(See
Opp’n, Jan. 31, 2007, Ex. 1 at 14, 23.) Under District of Columbia law, service by certified mail is proper only if the return receipt is actually signed by the individual designated to receive service of process. D.C. Civ. R. 4(l)(2);
Eldridge v. Dist. of Columbia,
However, “pro se litigants are allowed more latitude than litigants represented by counsel to correct defects in service of process and pleadings.”
Moore v. Agency for Int’l Dev.,
In accordance with these principles, pro se litigants have been afforded the opportunity to perfect otherwise defective service in a variety of circumstances.
See Moore,
Here, the District argues that service was ineffective, but does not dispute that Braxton and Fields were authorized agents. Braxton and Fields have been identified elsewhere as agents authorized to receive service of process on behalf of the District’s Mayor and the Attorney General, respectively.
See Tafler v. Dist. of Columbia,
Civil Action No. 05-1653(PLF),
III. FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES
A defendant may raise as an affirmative defense, and seek summary judgment on the basis of, a plaintiffs failure to exhaust mandatory administrative remedies.
5
“[Where] untimely exhaustion of administrative remedies is an affirmative defense, the defendant bears the burden of pleading and proving it.”
Bowden v. United States,
Title VII, the ADEA, and the DCHRA each required that Cruz-Packer satisfy certain administrative prerequisites before filing suit. A Title VII plaintiff is obligated to file a formal charge with the EEOC and receive a right to sue letter before filing a civil action in federal court.
See
42 U.S.C. §§ 2000e-5(e)(1) & (f)(1);
Williams v. Wash. Metro. Area Transit Auth.,
The administrative requirements of Title VII and the ADEA are not jurisdictional, and a plaintiffs default on either may be equitably excused.
Zipes v. Trans World Airlines, Inc.,
The pro se plaintiff here prematurely filed her civil action. Cruz-Packer should not have filed this lawsuit before filing her EEOC charges. However, the defect of a prematurely filed lawsuit may be excused when it is cured by the issuance of a right to sue letter while the action is pending.
Williams v. Washington Metro. Area Transit Auth.,
The FMLA and the Equal Pay Act do not require a plaintiff to first exhaust administrative remedies before proceeding to court.
See Simmons v. Dist. of Columbia, 977
F.Supp. 62, 64 (D.D.C.1997) (stating that the FMLA does not require exhaustion of administrative remedies);
Krohn v. Forsting,
CONCLUSION AND ORDER
Because some of Cruz-Packer’s claims do not contemplate liability for the individual defendants, those claims will be dismissed as to the individual defendants. Because service of process on the individual defendants was not effective, they will be dismissed from this action without prejudice. Because Cruz-Packer followed the prescribed method of serving the District, which was rendered ineffective because of the District’s conduct, and the District has shown no prejudice, she will be allowed additional time to perfect service on the District. Because Cruz-Packer has now received her right to sue letter, the prematurity of her filing this civil action has been cured and will be excused. Accordingly, it is hereby
ORDERED that the individual defendants’ motions under Rule 12(b)(6) to dismiss for failure to state a claim be, and *191 hereby are, DENIED in part and GRANTED in part. They are granted as to all individual defendants with respect to the Title VII and ADEA claims, granted as to defendant Robinson with respect to the defamation claim, and denied in all other respects. It is further
ORDERED that defendant Robinson’s motion [14] under Rule 12(b)(5) to dismiss for ineffective service of process be, and hereby is, GRANTED, and the remaining defendants’ Rule 12(b)(5) motion [13] be, and hereby is, GRANTED in part and DENIED in part. It is granted as to the individual defendants and denied as to the District. Vincent Schiraldi, David Brown, Mark Schindler, LaVern Evans, Dexter Dunbar, D.J. Thomas, Fitzgerald Fant, and Pili Robinson are hereby dismissed, without prejudice, as defendants from this action. Cruz-Paeker will be allowed 30 days from the date of this Order to perfect service of process on the District. It is further
ORDERED that the defendants’ motions to dismiss, treated as motions for summary judgment, on the ground that CruzAPacker failed to exhaust her mandatory administrative remedies be, and hereby are, DENIED.
Notes
. The amended complaint should, but does not, make clear whether the individual defendants are sued only in their official capacity or whether they are sued also in their personal capacity. No assumption is made here to resolve that ambiguity. However, even if any of the individual defendants was Cruz-Packer's employer for purposes of liability under the FMLA or the Equal Pay Act, it has yet to be established in this jurisdiction whether such liability extends only to one’s official capacity or beyond. Such a determination would be one of first impression in this circuit, and the law on FMLA personal capacity liability in other circuits is unsettled.
See F.O.P. Barkley Lodge # 60 v. Fletcher,
Civil Action No. 5:07-CV-11-R,
. The remaining defendants make a different argument for dismissing Cruz-Packer’s common law defamation claim. They assert that supplemental jurisdiction over the claim does not exist since the federal claims are insubstantial. This argument is purely conclusory and wholly unsubstantiated factually. Since these defendants have demonstrated no basis for dismissing all of Cruz-Packer's federal claims on their merits, the defamation claim will not be dismissed on this motion, either.
. Federal Rule 4 was amended in 2007 but only to make stylistic, not substantive, changes. See Fed.R.Civ.P. 4, advisory committee’s note on 2007 amendment.
. The court trusts that the defendant District will take steps to assure that the plaintiff's mail isnot similarly diverted again. diverted again.
. Alternatively, where “a particular statute requires the plaintiff to plead exhaustion and the plaintiff fails to do so,” or where "the complaint somehow reveals the exhaustion defense on its face[,]” a defendant may move to "dismiss the complaint on a Rule 12(b)(6) motion....”
Thompson v. Drug Enforcement Admin.,
. Federal employees are governed by a separate provision of the ADEA, not applicable here. See 29 U.S.C. §§ 633a et seq.
