Alfash v. Alejandro N. Mayorkas

Background

Mohamed Alfash brought an employment-discrimination action on his own behalf without a lawyer against the United States Department of Homeland Security and Alejandro N. Mayorkas, identified as the Secretary of the Department of Homeland Security in his official capacity. Alfash alleged that his employer, United States Citizenship and Immigration Services, harassed and discriminated against him, retaliated against him, and failed to accommodate his disabilities.

The claims were brought under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Rehabilitation Act. The Department of Homeland Security moved to dismiss itself as a defendant, arguing that the agency head was the only proper defendant. Alfash did not oppose the motion or otherwise respond.

Court’s analysis

The court explained that Title VII and the Rehabilitation Act provide that, in an action brought by a federal employee, the head of the department or agency is the proper defendant. The court further stated that the Age Discrimination in Employment Act is generally construed consistently with Title VII, so the agency head is also the proper defendant for a federal employee’s age-discrimination claim.

Ruling

The court concluded that only Secretary Mayorkas was a proper defendant. It granted the Department of Homeland Security’s motion to dismiss and dismissed the claims against the United States Department of Homeland Security with prejudice. The order did not state a disposition of Alfash’s claims against Secretary Mayorkas. Judge Katherine Menendez signed the order.