Jones v. The Washington Times

• Citation: 668 F.Supp.2d 53
• Decision Date: 08 November 2009
• Docket Number: Civil Action No. 08-1914(RJL).
• Parties: Carmen JONES, Plaintiff, v. THE WASHINGTON TIMES, et al., Defendants.
• Court: U.S. District Court — District of Columbia

668 F.Supp.2d 53

Carmen JONES, Plaintiff, v. THE WASHINGTON TIMES, et al., Defendants.

Civil Action No. 08-1914(RJL).

United States District Court, District of Columbia.

November 8, 2009.

COPYRIGHT MATERIAL OMITTED

Carmen Jones, Washington, DC, pro se.

Bernadette Wolffe, The Wolffe Law Firm, LLC, Arlington, VA, for Defendants.

MEMORANDUM OPINION

RICHARD J. LEON, District Judge.

This matter is before the Court on defendants' motions to dismiss or for a more definite statement. For the reasons discussed below, the Court grants defendants' motions in part, and Counts One, Three, and Four of plaintiffs amended complaint may proceed as against The Washington Times, LLC.

I. BACKGROUND

Plaintiff is an African American female who was at least 40 years of age at all times relevant to the complaint. Amd. Compl. ¶¶ 4, 140-41. She brings this employment discrimination action against her former employer, The Washington Times, LLC ("the Times"), and two of its employees, R. Scott Daeschner, Single Copy Sales Manager, and James Dick of the Times' Loss Prevention Section, under the Americans with Disabilities Act of 1990 ("ADA"), see 42 U.S.C. § 12112 et seq., the Age Discrimination in Employment Act of 1967 ("ADEA"), see 29 U.S.C. § 621 et seq., the Equal Pay Act of 1963 ("EPA"), see 29 U.S.C. § 206(d), Title VII of the Civil Rights Act of 1964 ("Title VII"), see 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981.¹ See id. (caption); see also id. ¶¶ 6-7.

From August 2005 until her termination on October 17, 2006, plaintiff held the position of Single Copy Supervisor and she oversaw delivery routes for the Times' daily circulation newspaper in Northern Virginia. See Amd. Compl. ¶¶ 17, 113. The Times represented that "[e]ssential elements of Plaintiff's job included being able to take papers from the warehouse to her car and then to stores and dispensing boxes. It was also necessary to have a valid driver's license, a clean driving record, and a car." Mem. of P. & A. Supporting the Mot. to Dismiss or for More Definite Statement by Def., The Washington Times, LLC ("Times Mot.") at 3.

On November 1, 2005, "[w]hile loading bundles of newspapers into her vehicle," plaintiff sustained an injury to her right hand and forearm. Amd. Compl. ¶ 23. She sought medical attention, and on November 5, 2005, she was "placed in an wrist/arm brace, and on Work restriction of limited lifting." Id. ¶ 24. In the following months, disagreements arose pertaining to plaintiffs injury and its impact on her ability to perform her duties. See id. ¶¶ 46-55. On January 5, 2006, she was issued a written warning "for missing Doctor's appointments while on vacation." Id. ¶ 27. On March 2, 2006, plaintiff was issued a written warning "for Insubordination and Disrespectful and Courteous Conduct ... for incidents from 2 and 4 weeks earlier," id. ¶ 58, and on March 7, 2006, plaintiff was issued an oral warning arising from a separate incident, id. ¶ 64, and these incidents apparently pertained to plaintiffs work restrictions and duties she was unable to perform. Plaintiff sought treatment at a hospital emergency room on March 24, 2006 after experiencing "tingling in [her] fingers/spasms" she described as "an exacerbation of the Work— comp injury," and thereafter her arm was placed "in [a] sling" and she was given instructions to rest for three days. Id. ¶ 67. On March 29, 2006, plaintiff was issued "a Written Reprimand for 3 consecutive unexcused absences" from work. Id. ¶ 73. Thereafter, plaintiff underwent "Work Hardening Rehab for 3.5 months," during which time she "was still expected to be physically present at the office" to perform her other duties. Id. ¶ 89; see id. ¶¶ 90-91, 93-95. Apparently plaintiff returned to full duty on or about July 1, 2006. See id. ¶ 100.

While driving on August 31, 2006, plaintiff was pulled over by a police officer, who discovered that plaintiff's driver's license had been suspended for a period of 90 days. Amd. Compl. ¶¶ 103-04. Plaintiff was not able to obtain a restricted license or written confirmation as to the date on which her license would be reinstated. See id. ¶ 110. Plaintiff's lack of a valid driver's license apparently triggered her termination on October 17, 2006.² See id. ¶ 113.

On or about May 24, 2007, plaintiff filed with the Equal Employment Opportunity Commission ("EEOC") a formal charge of discrimination based on race, sex, retaliation, and disability, occurring between January 9, 2006, and October 17, 2006. Times Mot., Ex. 1 (Charge of Discrimination No. 570-2006-01419). In relevant part, the charge stated:

I was hired by Washington Times in August of 2004. I was employed as a Single[] Copy Supervisor when I was terminated on 10/17/06. Between 02/15/06 and 10/17/06 Respondent refused to provide a reasonable accommodation for my disability. Between January 2006 and 10/17/06 I was treated differently than the white Single[ ] Copy Supervisor David Richards. I was required to assist Mr. Richards but he was not required to assist me. I believe I have been discriminated against based on my disability and in retaliation for asking for a reasonable accommodation in violation of the Americans with Disabilities Act of 1990 as amended. I also believe I have been discriminated against based on my race, Black, and my sex, female, in violation of Title VII of the Civil Rights Act of 1964, as amended.

Id. at 1. Plaintiff filed an Amended Charge on October 25, 2007, and added a claim for discrimination based on the Equal Pay Act:

In addition to the discrimination charge that I filed with the EEOC on May 24, 2007, I would like to amend additional allegations to my original charge. Approximately in June 2006, I became aware that I received lower bonuses even with my high sales record at the time. I also was paid lower than my similarly situated male coworker who performed the same job duties as me. Furthermore, I have not received an evaluation or a raise that were [sic] due in August 2006. On the other hand, my counterpart had received his.

I believe that I have been discriminated against because of my race (Black), sex (female), and retaliated against in violation of Title VII of the Civil Rights Act of 1964, as amended. I believe that I have been discriminated against because of my disability, in violation of the Americans with Disabilities Act of 1990, as amended. I also believe that I have been discriminated against in violation of the Equal Pay Act of 1963, as amended.

Id. at 2 (Amendment to Charge No. 570-2006-01419). The EEOC was "unable to conclude that the information obtained [during its investigation] establishe[d] violations of the statutes," and, accordingly, dismissed the charge on July 10, 2008. CompL, Ex. (Dismissal and Notice of Rights, EEOC Charge No. 570-2006-01419 (Amended)).

II. DISCUSSION

A. Disability Discrimination (Count One)

Daeschner and Dick move to dismiss Count One of plaintiffs Amended Complaint on the ground that they cannot be held liable under the ADA in their individual capacities. See Statement of P. & A. Supp. the Mot. to Dismiss or for More Definite Statement by Defs. R. Scott Daeschner and James Dick ("Daeschner & Dick Mot.") at 2.

"The ADA prohibits discrimination by an employer against a qualified individual with a disability who with or without reasonable accommodation can perform the essential functions of the position that the person desires to hold." Amariglio v. Nat'l R.R. Passenger Corp., 941 F.Supp. 173, 177 (D.D.C.1996) (citing 42 U.S.C. § 12112(a)) (emphasis added). Because an individual cannot be held liable under the ADA, the Court concludes that Count One must be dismissed as to Daeschner and Dick in their individual capacities. See id. at 178 (dismissing the individual defendants from the suit "because the ADA, like Title VII and the ADEA, does not provide for liability against individuals"); Smith v. Janey, 664 F.Supp.2d 1, 8 (D.D.C.2009) ("[T]here is no individual liability under Title VII, the ADEA or the ADA"); Cooke-Seals v. District of Columbia, 973 F.Supp. 184, 187 (D.D.C.1997) (dismissing ADA claim against defendant police officers in their individual capacities).

B. Age Discrimination (Count Two)

1. Plaintiff Failed to Her Available Exhaust Administrative Remedies With Respect Her Age Discrimination Claim

The Times, Daeschner and Dick move to dismiss plaintiffs ADEA claim on the ground that plaintiff failed to exhaust administrative remedies. Times Mot. at 5-7; Daeschner & Dick Mot. at 2-3.

Generally, a plaintiff cannot bring a claim in a lawsuit unless she first exhausts her administrative remedies as to that claim. See 29 U.S.C. § 626(d) (providing that "[n]o civil action may be commenced by an individual ... until ... after a charge alleging unlawful discrimination has been filed with the [EEOC]"); see Washington v. Washington Metro. Area Transit Auth., 160 F.3d 750, 752 (D.C.Cir. 1998). A subsequent civil action is limited to the matters addressed at the administrative level. See Park v. Howard Univ., 71 F.3d 904, 907 (D.C.Cir.1995) ("A Title VII lawsuit following the EEOC charge is limited in scope to claims that are `like or reasonably related to the allegations of the charge and growing out of such allegations.'") (citation omitted), cert. denied, 519 U.S. 811, 117 S.Ct. 57, 136 L.Ed.2d 20 (1996). The Court may dismiss a claim when a plaintiff fails to exhaust administrative remedies before filing a discrimination action. Rann v. Chao, 346 F.3d 192, 194-95 (D.C.Cir.2003) (affirming the trial court's dismissal of the plaintiffs ADEA claim for failure to exhaust administrative remedies), cert. denied, 543 U.S. 809, 125 S.Ct. 35, 160 L.Ed.2d 11 (2004).

In this case, plaintiff filed a formal charge of discrimination on May 24, 2007, and amended the charge on October 25, 2007. See Times Mot., Ex. 1 (Charge No. 570-2006-01419 and Amendment). Plaintiff neither checked the box for discrimination based on age, nor included allegations of age...