United States District Court, D. Columbia
August 25, 2005.
DONALD THOMPSON, Plaintiff,
D.C. HOUSING FINANCE AGENCY, et al., Defendants.
The opinion of the court was delivered by: JAMES ROBERTSON, District Judge
Plaintiff's only federal claim in this case is one of hostile
work environment under Title VII of the Civil Rights Act of 1964.
42 U.S.C. § 2000(e), et seq. A hostile work environment claim
must assert that an employee's "workplace" is permeated with
"discriminatory intimidation, ridicule, and insult that is
sufficiently severe or pervasive to alter the conditions of the
victim's employment and create an abusive working environment."
Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 78
(1998) (citation omitted). Plaintiff's factual allegations are
that once, in front of two witnesses, he was grabbed on the
buttocks by defendant Butler (a co-worker, not a supervisor), who
said, "I want to fuck you," and, "I want to fuck you and now you
know how I feel about you"; that, later on the same morning,
Butler asked plaintiff, "What time are you leaving today? I want
to come home with you"; and that his employer, defendant D.C.
Housing Finance Agency, failed to respond to his complaints about
Butler's behavior.*fn1 Plaintiff himself filed criminal charges
against Butler, and Butler was convicted of misdemeanor sex
The single incident of which plaintiff complains did not make
his workplace a hostile work environment. See, e.g., Stewart
v. Evans, 275 F.3d 1126, 1134 (D.C. Cir. 2002) ("Except in
extreme circumstances, courts have refused to hold that one
incident is so severe to constitute a hostile work
environment."); Brooks-Miller v. England, 357 F. Supp. 2d 197,
200-02 (D.D.C. 2004) (six incidents of derogatory and/or abusive
comments including one overtly racist comment by a supervisor
insufficient to constitute hostile work environment); Jones v.
Potter, 301 F.Supp.2d 1, 9-12 (D.D.C. 2004) (one-time incident
of supervisor rubbing his penis against male employee's buttocks
not sufficient for hostile work environment).
Plaintiff's federal claims will be dismissed for failure to
state a claim upon which relief can be granted. I decline to
exercise supplemental jurisdiction over plaintiff's remaining
claims, see 28 U.S.C. § 1367(c)(3), and they will be dismissed
for lack of jurisdiction.*fn2 An appropriate order accompanies this Memorandum.
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