Gay v. Bonsecours Mercy Health

Background

Johnnie Gay, who represents himself, filed an action against Bonsecours Mercy Health. He alleged that the company discriminated against him because of his race in Richmond, Virginia. The court construed the complaint as asserting employment-discrimination claims under Title VII of the Civil Rights Act of 1964. Gay stated that Bonsecours Mercy Health maintained an office in Cincinnati, Ohio, and alleged that he worked at the company's office in Richmond.

Venue

Title VII's venue provision allows an employment-discrimination case to be filed in a district where the alleged unlawful employment practice occurred, where relevant employment records are maintained and administered, where the plaintiff would have worked absent the alleged discrimination, or, in some circumstances, where the employer's principal office is located. The court found that Gay alleged no facts connecting the alleged discrimination, relevant employment records, the position he would have held, or Bonsecours Mercy Health's principal office to the Southern District of New York.

Ruling

Under 28 U.S.C. § 1406, a court may transfer a case filed in the wrong venue when transfer serves the interests of justice. Because Richmond is in the Eastern District of Virginia, the court ordered the Clerk to transfer the action to the United States District Court for the Eastern District of Virginia. The order closed the case in the Southern District of New York, and no summons was to issue from that court.

The order stated that the transferee court would decide whether Gay could proceed without prepaying filing fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The court did not decide whether Gay's discrimination claims were legally or factually valid.