Koch v. Walter
| Decision Date | 30 March 2013 |
| Docket Number | Civil Action No. 09–2111 (PLF). |
| Citation | 934 F.Supp.2d 261 |
| Parties | Randolph S. KOCH, Plaintiff, v. Elisse B. WALTER, Chairman, Securities and Exchange Commission, Defendant. |
| Court | U.S. District Court — District of Columbia |
OPINION TEXT STARTS HERE
Randolph S. Koch, Rockville, MD, pro se.
Fred Elmore Haynes, U.S. Attorney's Office, Washington, DC, for Defendant.
This matter is before the Court on defendant's motion to dismiss pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure or, in the alternative, for summary judgment. Plaintiff Randolph S. Koch has charged his employer, the Securities and Exchange Commission (“SEC”), with violating various employment discrimination statutes when it allegedly denied his disability accommodation requests, refused to permit him to enter certain leave programs, and failed to handle his requests promptly. The SEC contends that Mr. Koch failed to exhaust his administrative remedies by not appealing the agency's final decision to the Equal Employment Opportunity Commission (“EEOC”), and that he therefore cannot bring these claims in federal court. After careful consideration of the parties' papers, the relevant legal authorities, and the entire record in this case, the Court will grant the defendant's motion.1
Randolph S. Koch worked as a financial analyst at the SEC from 1991 until 2009. Compl. ¶¶ 4, 8. Mr. Koch is a white, Jewish male over the age of forty, and he asserts that he suffers from a variety of disabling medical conditions. Id. ¶ 6. Based on these protected statuses, he has initiated numerous administrative and civil proceedings against the SEC and other government agencies for alleged violations of the Rehabilitation Act, the Age Discrimination in Employment Act (“ADEA”), and Title VII of the Civil Rights Act of 1964. Id. ¶ 7; see also Koch v. Holder, 930 F.Supp.2d 14, 2013 WL 953368 (D.D.C. Mar. 13, 2013); Koch v. Schapiro, 759 F.Supp.2d 67 (D.D.C.2011); Koch v. Schapiro, 699 F.Supp.2d 3 (D.D.C.2010); Koch v. Donaldson, 260 F.Supp.2d 86 (D.D.C.2003). The present action arises from Mr. Koch's requests to his employer for accommodations for his health problems, and the agency's denial of these requests.
In October 2008, Mr. Koch began an extended leave from his work at the SEC. Compl. ¶¶ 28, 37; Funciello Decl. Ex. 11 at 3. On January 1, 2009, Mr. Koch submitted an Accommodations Request Form to the Disability Program Office. Funciello Decl. Ex. 11 at 3. In support of his request, he provided letters from two doctors and a copy of a medical report. Id. The Office forwarded this documentation, along with a copy of Koch's job description, to a physician with the Federal Occupational Health Service, who, after reviewing this information and consulting with Mr. Koch's physicians, provided a written assessment finding no present reason why Mr. Koch was unable to work. Id. at 3–4. The agency denied Mr. Koch's accommodation requests on March 16, 2009. Id. at 4. Mr. Koch claims that he submitted a second accommodation request, with additional medical information, on February 2, 2009. Compl. ¶ 57. The SEC's March 16, 2009 letter does not address this second request. Id. ¶ 64; see also Funciello Decl. Ex. 11. In addition, in early 2009, Mr. Koch requested information from the SEC relating to advanced annual leave, sick leave, and the agency's leave transfer program, but, according to Mr. Koch, he did not receive this information in a timely manner. Compl. ¶ 66; see Funciello Decl. ¶ 2 at 2 ().
In response to the SEC's actions, Mr. Koch decided to avail himself of the negotiated grievance procedure contained in the Collective Bargaining Agreement (“CBA”) entered into by the SEC and his union, the National Treasury Employees Union (“Union”). Def.'s Stmt. Mat. Facts ¶¶ 1–2; see Funciello Decl. Ex. 1. The CBA provides for an escalating review of an employee's grievances at different management levels within the agency. Funciello Decl. Ex. 1. If the agency and the employee cannot resolve the dispute after three “steps” of review, the Union may invoke arbitration on behalf of the employee. Id.
On March 27, 2009, Mr. Koch filed a Step One Grievance pursuant to the CBA's negotiated grievance procedure. Compl. ¶ 65; Def.'s Stmt. Mat. Facts ¶ 3. In his grievance, Mr. Koch asserted that the SEC violated the Rehabilitation Act, Title VII, and the ADEA by (i) neglecting to timely process his request for information relating to annual and sick leave policies and the agency's leave transfer program, and (ii) failing to follow the procedures posted on the SEC's intranet for disability accommodation requests. Def.'s Stmt. Mat. Facts ¶ 3; Funciello Decl. Ex. 2 ¶ 4.
One week later, on April 3, 2009, Mr. Koch filed a second Step One Grievance. Def.'s Stmt. Mat. Facts ¶ 4; Funciello Decl. Ex. 3. In this second grievance, Mr. Koch asserted that the SEC violated the Rehabilitation Act, Title VII, and the ADEA by (i) concluding that he did not suffer from a disability, and (ii) failing to request and consider medical information necessary to properly evaluate his accommodation request. Def.'s Stmt. Mat. Facts ¶ 4; Funciello Decl. Ex. 3. On May 8, 2009, Carol Hallowell, OHR Branch Chief, denied the March 27, 2009 and April 3, 2009 Step One Grievances. Def.'s Stmt. Mat. Facts ¶ 5; Funciello Decl. Exs. 4 and 5. Mr. Koch and the Union then submitted Step Two Grievances, stating that they were not satisfied with the Step One decisions. Def.'s Stmt. Mat. Facts ¶ 6; Funciello Decl. Exs. 6 and 7. These Step Two Grievances were denied by Teri Ellison, OHR Assistant Director, on July 21, 2009. Def.'s Stmt. Mat. Facts ¶ 7; Funciello Decl. Exs. 8 and 9. On July 22, 2009, Mr. Koch and the Union submitted Step Three Grievances; these grievances were denied by Jeffrey Risinger, OHR Associate Executive Director, on August 11, 2009. Def.'s Stmt. Mat. Facts ¶¶ 8–9; Funciello Decl. Exs. 10–13. The Union declined to invoke arbitration on either of the grievances, Funciello Decl. ¶ 12, and Mr. Koch did not appeal the adverse Step Three decisions to the EEOC.2
On November 9, 2009, Mr. Koch filed this civil action in this Court. Mr. Koch claims that the SEC violated the Rehabilitation Act by denying his accommodation requests and by failing to handle his requests promptly. Compl. ¶¶ 67–70, 72. Mr. Koch further alleges that the denial of his requests were in retaliation for his past exercise of rights under the Rehabilitation Act, Title VII, and the ADEA. Id. ¶ 71. He also alleges misuse of his medical information, in violation of the Rehabilitation Act. Id. ¶ 70(f). The SEC moves to dismiss or, in the alternative, for summary judgment, asserting that Mr. Koch was required to appeal the agency's Step Three decision to the EEOC before filing a civil complaint in this Court. By failing to pursue this appeal, the SEC asserts, Koch failed to exhaust his administrative remedies. Def.'s Mot. at 1, 6.
While Mr. Koch is proceeding pro se in this case, the Court notes that he is a lawyer, see Feb. 15, 2013 Memorandum Opinion and Order (Dkt. No. 30), and is an active litigant who has considerable experience pursuing employment discrimination matters. Nevertheless, the Court reviews his filings under “less stringent standards than formal pleadings [or legal briefs] drafted by lawyers.” Chandler v. W.E. Welch & Associates, Inc., 533 F.Supp.2d 94, 102 (D.D.C.2008) (quoting Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972)).
Exhaustion of administrative remedies is a jurisdictional requirement under the Rehabilitation Act, Spinelli v. Goss, 446 F.3d 159, 162 (D.C.Cir.2006), but is an affirmative defense, not a jurisdictional requirement, under the ADEA and Title VII. See Koch v. Schapiro, 699 F.Supp.2d at 12;Pearsall v. Holder, 610 F.Supp.2d 87, 95 (D.D.C.2009). Accordingly, it is Mr. Koch's burden to demonstrate exhaustion under the Rehabilitation Act and the SEC's burden to demonstrate Koch's failure to exhaust under the ADEA and Title VII. See Koch v. Schapiro, 699 F.Supp.2d at 12.
Federal courts are courts of limited jurisdiction, with the ability to hear only the cases entrusted to them by a grant of power contained in either the Constitution or in an act of Congress. See, e.g., Beethoven.com LLC v. Librarian of Congress, 394 F.3d 939, 945 (D.C.Cir.2005); Hunter v. District of Columbia, 384 F.Supp.2d 257, 259 (D.D.C.2005). On a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction, the plaintiff bears the burden of establishing that the Court has jurisdiction. See Sierra Club v. Jackson, 813 F.Supp.2d 149, 154 (D.D.C.2011) (citing Brady Campaign to Prevent Gun Violence v. Ashcroft, 339 F.Supp.2d 68, 72 (D.D.C.2004)). The Court must accept all well-pled factual allegations in the complaint as true, but may consider materials outside the pleadings “as it deems appropriate to resolve the question whether it has jurisdiction to hear the case.” Ascom Hasler Mailing Sys., Inc. v. United States Postal Serv., 815 F.Supp.2d 148, 156 (D.D.C.2011) (quoting Scolaro v. D.C. Board of Elections & Ethics, 104 F.Supp.2d 18, 22 (D.D.C.2000)). See Jerome Stevens Pharms., Inc. v. FDA, 402 F.3d 1249, 1253–54 (D.C.Cir.2005). The Court must construe the complaint liberally in the plaintiff's favor, but the Court need not accept factual inferences drawn by the plaintiff if those inferences are not supported by facts alleged in the complaint, nor must the Court accept the plaintiff's legal conclusions. See Sierra Club v. Jackson, 813 F.Supp.2d at 154 (citing Primax Recoveries, Inc. v. Lee, 260 F.Supp.2d 43, 47 (D.D.C.2003)).
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