Commission (EEOC). The plaintiff asserts claims of discrimination because of her national origin and claims of retaliation because of her opposition to defendants' discriminatory practices. Plaintiff asserts her claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, 42 U.S.C. § 1981, and the Due Process Clause of the Fifth Amendment. Defendant Dickerson is the Chief of the Educational Programs Branch of the EEOC. Dickerson was sued both in his individual and official capacities. Plaintiff does not oppose defendant's motion to dismiss the complaint against him in his official capacity, therefore, the motion will be granted and plaintiff's claims against Dickerson in his official capacity will be dismissed.
As to plaintiff's claims against the defendant as an individual, the defendant asserts that these claims also must be dismissed because the court lacks subject matter jurisdiction over the claims and because he enjoys absolute immunity from civil liability. The jurisdictional issue will be discussed first. The defendant asserts that plaintiff, as a federal employee alleging discrimination in employment, is only entitled to relief under Title VII. See Brown v. GSA, 425 U.S. 820, 827, 48 L. Ed. 2d 402, 96 S. Ct. 1961 (1976). The only proper defendant in a Title VII suit against a federal agency is the head of the agency. 42 U.S.C. § 2000e-16(c). Therefore, Dickerson seeks to have plaintiff's claims against him as an individual dismissed.
All of the claims asserted in her complaint against Dickerson involve allegedly discriminatory employment practices and retaliation for plaintiff's opposition to these practices. These claims are fully covered by Title VII, 42 U.S.C. §§ 2000e-3(a), 2000e-16(a). Furthermore, Title VII preempts all other remedies for federal employment discrimination. E.g., Brown v. GSA, 425 U.S. 820, 827, 48 L. Ed. 2d 402, 96 S. Ct. 1961 (1976); Carter v. Marshall, 457 F. Supp. 38 (D.D.C. 1978); Royal v. Bergland, 428 F. Supp. 75, 76 (D.D.C. 1977); Beeman v. Middendorf, 425 F. Supp. 713, 715-16 (D.D.C. 1977); Pace v. Mathews, 15 Fair Empl. Prac. Cas. (BNA) 703, 703-04 (D.D.C. 1976). The plaintiff attempts to distinguish Brown on the ground that the present plaintiff complied with the jurisdictional prerequisites of Title VII, while the plaintiff in Brown did not. The procedural posture of the case does not alter the holding of Brown that a federal employee's remedy under Title VII is exclusive and preemptive. See Pace v. Mathews, supra, 15 Fair Empl. Prac. (BNA) at 703. Plaintiff further attempts to distinguish Brown by noting that the defendant in this case is being sued in his individual capacity, citing Brosnahan v. Eckerd, 435 F. Supp. 26, 28 (D.D.C. 1977). In Brosnahan, the court stated that "the ability to sue individual defendants for actions that might constitute federal employment discrimination would not disrupt the statutory scheme of Title VII." 435 F. Supp. at 28. Thus, the court in Brosnahan denied defendants' motion to dismiss and allowed the plaintiff to pursue his claims against the defendants as individuals.
In Brown the Supreme Court did not distinguish between instances where federal employees sued federal officials in their official capacity and those where the officials were sued as individuals. The court plainly stated, however, that:
The legislative history thus leaves little doubt that Congress was persuaded that federal employees who were treated discriminatorily had no effective judicial remedy. And the case law suggests that that conclusion was entirely reasonable. . . . [The] relevant inquiry is not whether Congress correctly perceived the then state of the law, but rather what its perception of the state of the law was.