for plaintiff's earlier filing of an EEO complaint. Plaintiff further alleges that both the Department and the Equal Employment Opportunity Commission improperly processed and investigated her administrative claims for relief. Plaintiff requests this Court to order the agencies to fully investigate her administrative complaint or, in the alternative, for de novo review of her discrimination/retaliation allegations. At bar are defendants Louis Sullivan ("Sullivan") and Clarence Thomas's ("Thomas") motions to dismiss the complaint as failing to state a cause of action as a matter of law.
Defendant Thomas's motion to dismiss is GRANTED in its entirety. Title VII provides a former employee with a remedy only against his or her employer.1 See 42 U.S.C. §§ 2000e-2, 2000e-5(f)(1). It does not create an independent cause of action against the EEOC for its investigation and processing of a charge. McCottrell v. E.E.O.C., 726 F.2d 350, 351 (7th Cir. 1984); Ward v. E.E.O.C., 719 F.2d 311, 313 (9th Cir. 1983), cert. denied, 466 U.S. 953, 80 L. Ed. 2d 544, 104 S. Ct. 2159 (1984); Gibson v. Missouri Pac. R. Co., 579 F.2d 890, 891 (5th Cir. 1978), cert. denied, 440 U.S. 921, 99 S. Ct. 1245, 59 L. Ed. 2d 473 (1979); Svenson v. Thomas, 607 F. Supp. 1004 (D.D.C. 1985) (Harris, J.); see also Francis-Sobel v. University of Maine, 597 F.2d 15 (1st Cir. 1979), cert. denied, 444 U.S. 949, 62 L. Ed. 2d 319, 100 S. Ct. 421 (1979); Georator Corp. v. Equal Emp. Opp. Com'n, 592 F.2d 765 (4th Cir. 1979). Accordingly, plaintiff's action is DISMISSED as to defendant Thomas.
Defendant Sullivan's motion to dismiss is GRANTED in part and DENIED in part. Title VII creates only a cause of action for discrimination. It does not create an independent cause of action for the mishandling of an employee's discrimination complaints.
Title VII must be viewed as a comprehensive statutory scheme designed to eradicate employment discrimination. The only "right" it establishes is the right to be free of discrimination. This interest is wholly preserved, even if the EEOC errs in its processing of the charge, by the right to a trial de novo . . . Hall v. Equal Employment Opportunity Com'n, 456 F. Supp. 695, 700 (N.D.Cal. 1978).