Thompson v. McDonough

Background

Cassandra Thompson, who represented herself, brought claims against Denis R. McDonough, Christine Carballo, and Michael Ingino based on alleged employment discrimination and retaliation connected to her work for the Department of Veterans Affairs. The complaint invoked Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Rehabilitation Act, the Family and Medical Leave Act, 42 U.S.C. § 1981, and New York State and City human-rights laws.

The court had previously allowed Thompson to proceed without paying filing fees. Thompson said that the events underlying her claims occurred while she worked at a VA facility in Brooklyn, in Kings County. But an Equal Employment Opportunity Commission decision attached to the complaint suggested that the events occurred at a VA facility in Manhattan, in New York County. Thompson did not identify where the relevant employment records were maintained. She appeared to allege that the defendants’ principal offices were in Washington, D.C.

Venue analysis

For the Title VII, Americans with Disabilities Act, and Rehabilitation Act claims, the court explained that venue may be proper where the alleged unlawful employment practice occurred, where relevant employment records are maintained and administered, where the plaintiff would have worked absent the alleged unlawful practice, or, in some circumstances, where the defendant has its principal office. Based on the complaint, the court stated that any federal district in New York State could be a proper venue; if no New York district were proper, the District of Columbia could be proper.

For the remaining claims, the court applied the federal venue rule for claims against federal officers or employees who are apparently sued in their official capacities or for actions taken under legal authority. The court stated that venue could be proper where a defendant resides, where a substantial part of the relevant events occurred, or, when no real property is involved, where the plaintiff resides. Because Thompson resides in Brooklyn, the Eastern District of New York was a proper venue. The Southern District of New York would also be proper if a substantial part of the events occurred in Manhattan.

Order

Under 28 U.S.C. § 1404(a), the court was inclined, in the interest of justice, to transfer the case to the Eastern District of New York. It directed Thompson to show cause—meaning to explain why the transfer should not occur—by filing a declaration within 30 days. The court identified the convenience of witnesses and parties, the location of relevant documents, and the significance of Thompson’s choice of venue as possible subjects for her declaration.

The court did not order the transfer at this stage. It stated that it would transfer the action to the Eastern District of New York if Thompson failed to file the declaration on time or failed to show cause. The court also certified that an appeal would not be taken in good faith and denied Thompson permission to proceed without paying fees for an appeal from this order.