Correa v. U.S. General Services Administration

Background

Colin S.K. Correa proceeded without a lawyer and sued the U.S. General Services Administration (GSA) and GSA Acting Administrator Stephen Ezekian. He brought claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), 42 U.S.C. § 1981, and the New York City and New York State Human Rights Laws. He alleged that GSA did not select him for a Program Analyst position and that the decision involved discrimination based on race, color, religion, sex, national origin, and age. The complaint also checked boxes indicating termination, failure to promote, and retaliation. Correa sought reemployment, promotion, and back pay.

The court had previously allowed Correa to proceed without prepaying filing fees. Under the screening statute for such cases, 28 U.S.C. § 1915(e)(2)(B), the court had to dismiss claims that were frivolous, malicious, failed to state a claim, or sought money from an immune defendant.

Court’s Analysis

For the Title VII claims, the court said Correa had to plausibly allege that GSA took an adverse employment action and that race, color, religion, sex, or national origin was a motivating factor. For the ADEA claim, he had to allege that age was the reason for the adverse action. The court found that Correa alleged he was not selected for a promotion but alleged no facts suggesting that any of those protected characteristics played a role in the decision. The court also noted that he did not state his age. It therefore dismissed the Title VII and ADEA claims for failure to state a claim.

The court dismissed the § 1981 claims because, as the court explained, an employment-discrimination action under that statute cannot be brought against a federal defendant. It also dismissed the New York City and New York State Human Rights Law claims because, according to the court, Title VII and the ADEA provide the exclusive remedies for employment-discrimination claims by federal employees.

Leave to Amend and Disposition

Because additional facts might allow Correa to state valid Title VII and ADEA claims, the court granted him 30 days to file an amended complaint. The court did not grant leave to replead the § 1981 or state-law claims. If Correa does not file an amended complaint within the allowed period, the court said it will direct the Clerk of Court to enter judgment.

Judge Kimba M. Wood dismissed the complaint for failure to state a claim, granted 30 days’ leave to replead the Title VII and ADEA claims, certified that an appeal would not be taken in good faith, and denied fee-free status for purposes of an appeal. The Clerk was directed to keep the matter open until a civil judgment is entered.