A federal judge from the District of Colorado dismissed the lawsuit of a pro se litigant, who claimed that the Washington Redskins denied her work because she is African American, female, and a victim of domestic violence.
In so ruling, the court reasoned that plaintiff Loretta Hillware failed to first exhaust the administrative remedies that were available to her “under the federal anti-discrimination statutes, and the time has expired for her to do so.”
Hillware alleged the following facts in her complaint:
In her former position with the New Orleans Saints the she “was . . . experienced in business development, as well as sales and marketing;”
She was “well-respected” and “highly regarded in a 5-state region” for her “deep knowledge of sales and (accomplished) marketing efforts.”
She “established innovative concepts for overall new business relationships, as well as captured the retention of former clients.”
Her career turned when she allegedly became a victim of domestic violence and was fired from her position with the Saints. That “abusive” situation “caused her to flee,” which “landed the plaintiff in this jurisdiction, and ensured the safety of (her) children.” Upon discovering “the plaintiff’s personal emotional cries for help,” hiring officials with the NFL and the team allegedly “shunned” her for the better part of a decade and was “nonresponsive to (the plaintiff’s) numerous job application submissions” for marketing, sales, and business development positions.
According to her amended complaint, the plaintiff formally applied for positions between 2009 and 2014. She admitted that the Team did hire her but “at a job that was beneath her skill level. She “chose to quit” after she “finally realized that (team officials) would never hire her from an ‘under-class’ who had been hired as FedEx Field servants, and therefore were classified as FedEx Field ‘Sunday only’ or ‘the game days-only employees.'” The plaintiff explained that “she made a choice to resign” because she was not earning a livable wage and could not afford the costs of commuting by taxi to FedEx Field.
She originally sued in the Superior Court of the District of Columbia against the owner of the Washington Redskins, Daniel Snyder; the team’s Vice President and General Counsel, Eric Schaffer; the team’s President, Bruce Allen; the Commissioner of the National Football League (NFL), Roger Goodell; and the NFL’s Counsel, Jay Bauman, all in their “official” capacities.
In addition to Title VII of the Civil Rights Act of 1964, the plaintiff invoked the Age Discrimination Employment Act of 1967 (ADEA), because she “pursued employment that began over the age of 40, and continued until she was nearly 55, in 2014,” and the Americans with Disabilities Act (ADA), because “she is a victim of Domestic Violence.”
Her claim under Title VII prompted the defendants to remove the case to federal court. In their motion to dismiss, the defendant alleged a failure to exhaust administrative remedies, failure to state a claim, and statute of limitations.
In its analysis, the court noted that the complaint should have named the NFL and the team as defendants, and not the team officials.
Furthermore, “Title VII requires that a person complaining of a violation file an administrative charge with the EEOC and allow the agency time to act on the charge,” wrote the court. “Only after the EEOC has notified the aggrieved person of its decision to dismiss or its inability to bring a civil action within the requisite time period can that person bring a civil action herself.” Park v. Howard Univ., 71 F.3d 904, 907, 315 U.S. App. D.C. 196 (D.C. Cir. 1995) (citing 42 U.S.C. § 2000e-5(f)(1)). The EEOC charge must also be filed within 180 days after the alleged unlawful employment practice occurred,” or within 300 days if the charge was first filed “with a state or local agency with authority to grant or seek relief from such practice.”
The plaintiff failed to address the defendants’ exhaustion argument and, thus, “concedes that she did not exhaust her administrative remedies. Moreover, the plaintiff’s exhibits establish that her last application for a managerial position was rejected on October 31, 2014. Thus, the time for Plaintiff to exhaust her administrative remedies and then to file a civil action has long expired. Consequently, the court dismisses the plaintiff’s federal claims for failure to exhaust and as time-barred.”
This is not the only litigation involving Hillware. A little over a year ago, she sued the Saints, National Football League, Tom Benson (in his official capacity as the New Orleans Saints Football Club Owner), Vicky Neumeyer (in her official capacity as the New Orleans Saints general counsel), Michael Stanfield (in his official capacity as New Orleans Saints vice president), Derek Henderson (in his official capacity as New Orleans Saints corporate executive), Roger Goodell (in his official capacity as National Football League Commissioner) and Jay Bauman (in his official capacity as a National Football League counsel), in the 24th Judicial District Court.
In this lawsuit, she claimed she suffers from effects of abuse she received when she was formerly employed by them. She is seeking $4.5 million for loss of career, loss of enjoyment of life, fear, degradation, feelings of helplessness, frustration, hopelessness, inconvenience and humiliation.”
Loretta Hillware v. Dan Snyder, et al.; D. Col.; Civil No. 15-cv-00735 (APM), 2015 U.S. Dist. LEXIS 172333; 12/29/15
Attorneys of Record: (for plaintiff) Pro se, Washington, DC. (for defendants) Thomas Samuel Williamson, Jr., COVINGTON & BURLING LLP, Washington, DC.
