Beauford v. McDonough

Background

Keith W. Beauford, representing himself, sued Denis R. McDonough under Title VII. The opinion identifies McDonough as the U.S. Secretary of Veterans Affairs. Beauford alleged, among other things, racial discrimination while he was employed as a Veteran Service Representative at the agency’s Fort Harrison Regional Office in Fort Harrison, Montana. The complaint also referred to termination of his employment.

Venue Issue

Judge Ryu previously ordered Beauford to explain why the case should remain in the Northern District of California. The court explained that Title VII’s venue provision permits an employment case to be filed in certain districts, including where the alleged unlawful employment practice occurred, where relevant employment records are maintained and administered, or where the person would have worked but for the alleged unlawful practice.

Judge Ryu stated that the District of Montana appeared to be a proper venue because Beauford’s alleged employment-related events occurred there. The District of Colorado, where training occurred, and the District of Nevada, where Beauford currently lives, were identified as potentially appropriate venues as well. Beauford said he filed in California after an Equal Employment Opportunity Commission representative advised him to do so. He also said he had lived in Helena, Montana, when the events occurred and currently lived in Reno, Nevada.

Report and Recommendation

Judge Ryu recommended dismissal rather than transfer so Beauford could select an appropriate venue if he chose to file again. Beauford did not object to the recommendation.

Ruling

Judge Chen adopted the recommendation in part. He agreed that the Northern District of California was not a proper venue and that the District of Montana appeared proper because that was where the alleged unlawful employment practice occurred. But he declined to dismiss the case because dismissal could create a statute-of-limitations problem. The opinion noted that federal law provides a 90-day period for filing a civil action after an adverse final agency decision and that the complaint alleged Beauford received a right-to-sue letter on February 28, 2023, and filed the complaint on May 26, 2023.

The court therefore transferred the case to the District of Montana under 28 U.S.C. § 1406(a), which permits transfer when it is in the interest of justice. The court acknowledged that Beauford appeared to prefer Nevada but stated that he had not provided information supporting venue there under Title VII’s venue rules. The transfer did not prevent him from raising that issue with the Montana court. The order disposed of Docket No. 11 and did not decide the merits of Beauford’s discrimination allegations.