Orlander Lawson v. David J. Gottfried, et al.

District Court, E.D. Virginia·Decided July 27, 2026·No. 1:25-cv-01931·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division

ORLANDER LAWSON, ) ) Plaintiff, ) ) v. ) Case No. 1:25-cv-1931 (RDA/WBP) ) DAVID J. GOTTFRIED, et al.,1 ) ) Defendants. )

MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendants David J. Gottfried and Todd Blanche’s (“Defendants”) Motion to Dismiss (the “Motion”) the Amended Complaint filed by Plaintiff Orlander Lawson (“Plaintiff”). Dkt. 20. This Court has dispensed with oral argument as it would not aid in the decisional process. Fed. R. Civ. P. 78(b); Local Civil Rule 7(J). This matter has been fully briefed and is now ripe for disposition. Having considered the Motion together with the Amended Complaint (Dkt. 13-1), Defendants’ Memorandum in Support (Dkt. 21), Plaintiff’s Opposition (Dkt. 25), Plaintiff’s Corrected Opposition (Dkt. 27-3), and Defendants’ Reply (Dkt. 26), this Court GRANTS the Motion for the reasons that follow.

1 Pursuant to Federal Rule of Civil Procedure 25(d), Todd Blanche has been substituted for Pamela Bondi. I. BACKGROUND2 A. Factual Background Plaintiff was born in 1961. Dkt. 13-1 at 60. Plaintiff began working at the FBI in December 1985. Id. On March 5, 2019, Plaintiff received a job offer for a Staff Operations

Specialist position, contingent on successful completion of the Staff Operations Specialist Basic Training (“SOSBT”) class. Id. At that time, Plaintiff had worked for the FBI for approximately thirty-three years. Id. at 47. On April 14, 2019, Plaintiff arrived at the FBI Training Academy to attend SOSBT. Id. at 60. During the training, Plaintiff participated in a “mandatory orientation icebreaker,” requiring trainees to silently arrange themselves by birthdate. Id. ¶ 1. The facilitator announced that Plaintiff was the oldest trainee among all programs. Id. Peers responded with remarks such as, “[w]hew, I’m glad I wasn’t the oldest student.” Id. Plaintiff does not believe the facilitator intended offense, but she found the episode deeply embarrassing. Id. On April 24, 2019, during Plaintiff’s first day of legal instruction, Defendant David

Gottfried, an FBI Assistant General Counsel and the course instructor, asked the class which students had raised teenagers, to which Plaintiff responded by raising her hand. Id. ¶ 2; id. at 45. Gottfried then referred to Plaintiff as a “tired, worn out, beaten down, old woman.” Id. ¶ 2. Following this incident, Plaintiff experienced anxiety and difficulty concentrating in her classes. Id. ¶ 3. Plaintiff passed her first exam in another instructor’s class, but subsequently failed her first legal exam, briefing exam, and writing exam. Id. These academic challenges arose

2 For purposes of considering the instant Motion to Dismiss, the Court accepts all facts contained within the Amended Complaint as true, as it must at the motion-to-dismiss stage. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). “shortly after” the incident with Defendant Gottfried, and Plaintiff attributes these academic challenges to the emotional distress she experienced from the incident. Id. Plaintiff later passed her legal re-test and briefing exam. Id. ¶ 4. Her final writing exam was scheduled for the same day that her employment ended; thus, she did not complete the program. Id.

On May 13, 2019, Plaintiff met with Gottfried in his office to review her test results and ask questions. Id. at 40, 60–61. When Plaintiff asked if she could write down the questions she had missed, Gottfried advised that she could not write down the questions because “they don’t want the questions disseminated outside the Academy.” Id. at 40; see id. at 61. Gottfried and a third party ensured at that time that anything Plaintiff removed from that setting followed the rules relating to tests. Id. ¶ 13. A couple days later, Gottfried allowed students to review test scores in the SOSBT classroom, and, on the advice of another student, Plaintiff wrote down some of the questions. See id. at 40–41. Plaintiff did not believe this was forbidden because she was in a “secure area” and she did not understand the FBI’s Academy Code to specifically forbid it. Id. at 40–42. Gottfried saw that Plaintiff had written down the questions, which led to Plaintiff

undergoing a suitability review. See id. at 40–42, 47. On May 20, 2019, the Trainee Review Board (“TRB”), comprised of Renae M. McDermott and others, met with Plaintiff regarding the incident. Id. at 47. The TRB recommended that Plaintiff be dismissed from training and not recommended for continued FBI employment. Id. ¶ 14; id. at 56–57. The Assistant Director of the Training Academy, Donald Always, concurred with this recommendation on May 21, 2019, at which point Plaintiff was notified of the decision. Id. at 56; id. at 47. After “considering her options,” Plaintiff “felt compelled to retire from the FBI, as this was the only option that would allow [her] to receive a monthly income.” Id. at 47. On June 4, 2019, Plaintiff contacted the FBI’s Equal Employment Opportunity (“EEO”) office. Id. ¶ 5; see also id. at 39, 44. She alleged that Gottfried’s remarks during the April 24 class constituted age discrimination. Id. at 44–48. During the investigative phase of her complaint, Plaintiff alleges that she learned that Agency officials had accused her of “cheating and lying.”

Id. ¶ 5. When she sought clarification from her assigned counselor, Plaintiff was told the accusation referred to her not following instructions. Id. On June 10, 2019, Plaintiff was informed that the TRB had specifically concluded that Plaintiff had admitted to writing down questions and partial answers during the remediation session, which they found was a violation of graduation requirements. Id. ¶ 12. On June 19, 2019, Plaintiff retired from the FBI.3 Id. at 39, 44, 47. Plaintiff alleges that “the Agency disseminated a termination statement to at least 75 individuals, repeating the claim that Plaintiff admitted to knowingly violating policy during her remediation session with Attorney Gottfried.” Id. ¶ 15. On July 15, 2019, Plaintiff was informed of her right to file a formal administrative

complaint, and she filed a formal complaint on July 29, 2019, raising the same issues and again alleging age discrimination. See id. at 39–42. Plaintiff received notification of her right to file a federal action on May 19, 2025 from the Equal Employment Opportunity Commission (the “EEOC”). Id. at 6. B. Procedural Background On October 31, 2025, Plaintiff filed the instant action pursuant to the Age Discrimination in Employment Act (“ADEA”) against Defendant Gottfried and Pamela Bondi, the then-serving

3 Although Plaintiff claims she was terminated in her Amended Complaint, she attaches several exhibits that show she retired; thus, she can only recover if she can establish constructive discharge. See, e.g., Dkt. 13-1 at 47. United States Attorney General. Dkt. 1. On December 29, 2025, before Defendants’ responsive pleading was due, Plaintiff moved to amend her complaint. Dkt. 13. Defendants formally consented to the proposed amendment on January 12, 2026. Dkt. 17. On January 14, 2026, U.S. Magistrate Judge William B. Porter issued an Order deeming the Amended Complaint filed as of

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Orlander Lawson v. David J. Gottfried, et al., (E.D. Va. 2026).

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