Lemma v. Hispanic Nat'l Bar Ass'n

318 F. Supp. 3d 21
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 29, 2018
DocketCivil Action No. 17–2551 (RDM)
StatusPublished
Cited by9 cases

This text of 318 F. Supp. 3d 21 (Lemma v. Hispanic Nat'l Bar Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lemma v. Hispanic Nat'l Bar Ass'n, 318 F. Supp. 3d 21 (D.C. Cir. 2018).

Opinion

RANDOLPH D. MOSS, United States District Judge

Mathias Lemma, proceeding pro se , commenced this suit on November 28, 2017, alleging that his former employer, the Hispanic National Bar Association ("HNBA"), discriminated against him "based on [his] disability." See Dkt. 1 at 1. The HNBA moves to dismiss under Federal Rule of Civil Procedure 12(b)(5) for insufficient service of process, and, in the alternative, moves to dismiss or for summary judgment on the grounds that the Americans with Disabilities Act ("ADA") does not apply to employers, like the HNBA, with fewer than 15 employees and that Lemma elected to pursue administrative, as opposed to judicial, remedies under the D.C. Human Rights Act ("DCHRA"). Dkt. 4-1 at 2. Because the Court concludes that Lemma has failed to effect service of *23process, the Court will dismiss the case without prejudice.

I. BACKGROUND

In December 2015, Lemma was hired as a bookkeeper and accountant for the HNBA. Dkt. 1 at 1, 4. According to Lemma, several months after he started work, he was asked to perform a number of ministerial tasks, including moving and unloading boxes, in connection with an HNBA conference in Las Vegas. Id. at 2. Lemma alleges that this posed a problem for him because he has a heart condition, which did not interfere with his ability "to perform [his] professional duties," but did prevent him from performing tasks requiring "heavy lifting." Id. at 3. Lemma says that he told HNBA's Executive Director about his heart condition in the hope that the association would accommodate his disability. Id. According to Lemma, however, the Executive Director was unsympathetic: she simply responded by noting that Lemma "did not tell [her about his heart condition] before" and otherwise declined to discuss the issue. Id. Lemma alleges that the next day, he was called to the Executive Director's office, and, without explanation, he was fired. Id.

In July 2016, Lemma filed an administrative complaint against the HNBA with the U.S. Equal Employment Opportunity Commission ("EEOC"), alleging a violation of the Americans with Disabilities Act. See Dkt. 4-4 at 2. In response, the HNBA argued that it was not a "covered entity" under the ADA because it did not have 15 or more employees on its payroll. See Dkt. 4-5 at 2. The EEOC agreed and informed Lemma that the "EEOC does not have jurisdiction over Respondents with less than 15 employees" and that it had, therefore, transferred Lemma's complaint to "the D.C. Office of Human Rights for processing." Dkt. 4-6 at 2. On July 18, 2017, the D.C. Office of Human Rights ("OHR") completed its investigation and found that there was not "probable cause" to believe that Lemma was terminated, discriminated against, or retaliated against on the basis of his disability. See Dkt. 4-7 at 21. Lemma requested that the OHR reconsider its decision, and the OHR denied that request. Dkt. 4-8 at 4. In its letter denying Lemma's request for reconsideration, the OHR informed Lemma of his right to file a petition for review of its decision in D.C. Superior Court. Id. at 5.

On November 28, 2017, Lemma filed this action, alleging that the HNBA "terminated [him] based on [his] heart condition," thereby "subject[ing] [him] to discrimination" and "breach[ing]" his "human rights." Dkt. 1 at 1, 4. Lemma requests "over $125,000" in damages. Id. at 4. In response to the complaint, the HNBA has moved to dismiss for lack of jurisdiction, for insufficient process, and for failure to state a claim, or, in the alternative, for summary judgment. See Dkt. 4.

II. ANALYSIS

The HNBA argues that Lemma's claims cannot proceed for a host of different reasons, both substantive and procedural.

Because federal courts "generally may not rule on the merits of a case without first determining that [they] have ... subject matter jurisdiction," Sinochem Int'l Co. Ltd. v. Malaysia Int'l Shipping Corp. , 549 U.S. 422, 431, 127 S.Ct. 1184, 167 L.Ed.2d 15 (2007) (citing Steel Co. v. Citizens for Better Env't , 523 U.S. 83, 93-112, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998) ), the Court must first consider the HNBA's contention that the Court lacks subject-matter jurisdiction because it is not a "covered entity" within the meaning of the ADA. The ADA provides that "[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or *24discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." 42 U.S.C. § 12112(a). A "covered entity" is "an employer, employment agency, labor organization, or joint labor-management committee." 42 U.S.C. § 12111(2). The term "employer," in turn, is defined as "a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year." 42 U.S.C. § 12111(5)(A). As a result, the ADA "is inapplicable to very small businesses." Clackamas Gastroenterology Assocs., P.C. v. Wells , 538 U.S. 440, 441-42, 123 S.Ct. 1673, 155 L.Ed.2d 615 (2003) (quoting 42 U.S.C.

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Bluebook (online)
318 F. Supp. 3d 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lemma-v-hispanic-natl-bar-assn-cadc-2018.