Thomas v. Wash. Metro. Area Transit Auth.

305 F. Supp. 3d 77
CourtCourt of Appeals for the D.C. Circuit
DecidedApril 9, 2018
DocketCivil Action No. 17–1508 (DLF)
StatusPublished
Cited by35 cases

This text of 305 F. Supp. 3d 77 (Thomas v. Wash. Metro. Area Transit Auth.) 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
Thomas v. Wash. Metro. Area Transit Auth., 305 F. Supp. 3d 77 (D.C. Cir. 2018).

Opinion

DABNEY L. FRIEDRICH, United States District Judge

Before the Court is the Washington Metropolitan Area Transit Authority's (WMATA) Motion to Dismiss. Dkt. 3. For the following reasons, the motion will be granted in part and denied in part.

I. BACKGROUND

In this action, pro se plaintiff Ernest A. Thomas asserts age- and national origin-based employment discrimination claims against his employer, WMATA, and against his direct supervisor Sachit Kakkar and senior WMATA managers Paul J. Weidefeld and John T. Kuo (collectively, the Individual Defendants). See Compl. at 2-4, Dkt. 1; Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e - 2000e-17 ; Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§ 621 - 634. Thomas also asserts a retaliation claim. Compl. at 4.

Thomas is a 62-year-old U.S. citizen of Liberian national origin. Id. ¶ 1. He currently works for WMATA, id. , and he has a history of filing EEOC complaints against his employer for discrimination based on race, age, and national origin, and for retaliating against him because of those claims, see id. ¶¶ 14, 20-24. The past complaints include at least three formal complaints to the EEOC during a span of about fifteen months beginning in early 2014. Id. ¶¶ 21-24.

In February 2017, Thomas applied for a promotion to the open position of Deputy Chief Vehicle Engineer. Id. ¶ 3. The next month, WMATA rejected Thomas's application, purportedly because he lacked the requisite ten years of management experience in transit engineering, which was part of the job description. Id. ¶ 4. This case arises from WMATA's decision not to promote Thomas.

Thomas asserts that his supervisor, Defendant Kakkar, made two revisions to the Deputy Chief Vehicle Engineer job requirements on January 11, 2017 before posting an opening for the job. Id. ¶ 2. Under the revisions, the Deputy Chief Vehicle Engineer position (1) now required ten years of transit-engineering-management experience, even though the more senior Chief Vehicle Engineer position required only five years; and (2) no longer required Professional Engineering qualifications. Id. ¶¶ 6, 11. Both changes allegedly disadvantaged Thomas, who has a Professional Engineering license but lacked ten years of experience. See id. Citing Thomas's failure to meet the ten-years requirement, WMATA ultimately rejected Thomas's bid for the promotion. Id. ¶ 4. WMATA later hired Anthony Johnson, a *81man of unspecified national origin who is allegedly about fifteen years younger than Thomas. Id. ¶¶ 5, 37. WMATA indicated that Johnson had the required ten-years' experience, but Thomas alleges that Johnson did not meet this requirement. Id. ¶¶ 5, 8-9.

On April 13, 2017, Thomas filed employment discrimination claims with the EEOC based on national origin and age, as well as a retaliation claim. Thomas received a Dismissal and Notice of Rights letter from the EEOC on April 28, 2017. See Dkt. 7 at 2. Thomas then filed his complaint on July 27, 2017, seeking monetary and punitive damages and injunctive relief. Compl. at 9. The case was reassigned to the undersigned judge on December 4, 2017.

WMATA now moves for dismissal under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, arguing that (1) Thomas failed to exhaust administrative remedies under Title VII before bringing this action; (2) WMATA is immune from ADEA claims due to sovereign immunity; (3) the Individual Defendants must be dismissed because they acted in their official capacities; (4) Thomas failed to state a claim for national-origin discrimination under Title VII; and (5) WMATA is immune from punitive damages. See Mem. at 7-13, Dkt. 3.1 The Court discusses each in turn.

II. LEGAL STANDARDS

Under Rule 12(b)(1), a party may move to dismiss a claim over which the court lacks subject-matter jurisdiction. Fed. R. Civ. P. 12(b)(1). A motion for dismissal under Rule 12(b)(1)"presents a threshold challenge to the court's jurisdiction." Haase v. Sessions , 835 F.2d 902, 906 (D.C. Cir. 1987).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alnaddaf v. Rubio
District of Columbia, 2026
Norton v. United States
District of Columbia, 2025
Hodge v. L'avant-Garde
District of Columbia, 2025
Lanier v. Smedberg
District of Columbia, 2025
Dehshiri v. Blinken
District of Columbia, 2025
Ulianov v. Blinken
District of Columbia, 2025
Naseri v. Blinken
District of Columbia, 2025
Moradi v. Blinken
District of Columbia, 2025
Forouzandeh v. Blinken
District of Columbia, 2025
Esmaeilzadeh v. Blinken
District of Columbia, 2025
Bullock v. Hana Security Services
District of Columbia, 2025
Montgomery v. Mayorkas
District of Columbia, 2024
Dixon v. Blinken
District of Columbia, 2024
Ortega v. Mayorkas
District of Columbia, 2024
Omotoye v. Global Technical Talent
District of Columbia, 2024
Omotoye v. Td Bank
District of Columbia, 2024
Rosen-Kellogg v. Mayorkas
District of Columbia, 2023
Li v. Li
District of Columbia, 2023

Cite This Page — Counsel Stack

Bluebook (online)
305 F. Supp. 3d 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-wash-metro-area-transit-auth-cadc-2018.