Stevens’ discrimination suit vs CUC, officials dismissed

The federal court has dismissed a discrimination lawsuit filed by a former employee of the Commonwealth Utilities Corp. against CUC and four of its officials.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed Carlton Stevens’ lawsuit against CUC, executive director Alan Fletcher, human resources director Frank Cepeda, wastewater manager Richard Wasser, and water and wastewater manager Paul Raczkowski, for lack of subject matter jurisdiction.

Manglona dismissed with prejudice all of Stevens’ claims against Fletcher, Cepeda, Wasser, and Raczkowski, and dismissed without prejudice his complaint against CUC.

Dismissed with prejudice means Stevens can’t re-open the claims anymore. Dismissed without prejudice means he can re-file the claims in the future.

Manglona granted Stevens 14 days from the date of the order in which to file an amended complaint.

Stevens, an African-American, is suing CUC and its four officials for allegedly not renewing his contract as direct responsible charge operator in CUC’s wastewater division, providing him a used and inoperable computer, and not providing him an office space, among other complaints.

Fletcher, Cepeda, Wasser, and Raczkowski are being sued in their personal capacities.

Stevens, through counsel Pamela Brown Blackburn, asked the court to hold the defendants liable to pay him unspecified damages, courts costs, and attorney’s fees.

In its motion to dismiss the case, CUC said that Stevens failed to exhaust all available administrative remedies, failed to state a claim of employment discrimination, and failed to state a claim of retaliation.

Fletcher, Cepeda, Wasser, and Raczkowski joined in CUC’s motion and asserted that individuals cannot be held liable for damages under Title VII.

In her ruling last week, Manglona said for the district court to have subject matter jurisdiction over a Title VII of the Civil Rights Act claim, the plaintiff must have exhausted all administrative remedies.

Manglona said Stevens must plead that he filed a timely charge of employment discrimination with the Equal Employment Opportunity Commission or the appropriate state agency.

The judge said if the EEOC decides not to sue and the matter cannot be settled, the EEOC issues a right-to-sue letter and the complainant has 90 days to file a case in federal or state court or the action is barred.

Manglona said Stevens’ first amended complaint pleads only that he filed a claim with the EEOC and does not state when or if he received a right-to-sue letter.

In his response to CUC’s motion, Stevens conceded that he has not pleaded exhaustion.

Manglona agrees that exhaustion has not been sufficiently pleaded but said the court will allow Stevens to amend his lawsuit

With respect to the four CUC officials, Manglona said none of the individual defendants may be sued for damages under Title VII of the Civil Rights Act as “civil liability for employment discrimination does not extend to individual agents of the employer who committed the violations, even if that agent is a supervisory employee.”

Because the complaint must be dismissed for lack of subject matter jurisdiction, Manglona said there is no need to address CUC’s arguments on failure to state a claim.

The judge said CUC may renew the arguments if it so chooses, in response to an amended complaint.