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Jones v. Greenspan

August 29, 2006

CHARLES B. JONES, PLAINTIFF,
v.
ALAN GREENSPAN, CHAIRMAN OF THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEFENDANT.



The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge

Document No. 18

MEMORANDUM OPINION

GRANTING THE PLAINTIFF'S MOTION TO AMEND THE COMPLAINT

I. INTRODUCTION

This employment discrimination case comes before the court on the plaintiff's motion to amend the complaint. The plaintiff alleges that the defendant, the Federal Reserve System, retaliated against him after he filed charges of age and gender discrimination with the Equal Employment Opportunity Commission ("EEOC"). The plaintiff now moves the court for leave to add claims of age and gender discrimination to the complaint. Because the amendment relates back to the original complaint and because the proposed amendment is not futile, the court finds no reason to depart from the traditional practice that motions to amend be freely given. Accordingly, the court grants the plaintiff's motion.

II. BACKGROUND

A. Factual Background

The plaintiff, a certified public accountant, was born on May 30, 1948. Jones v. Greenspan, 402 F. Supp. 2d 294, 296 (2005). He began working at the defendant's Division of Reserve Bank Operations and Payment Systems in April 1991. Id. In July 1993, the plaintiff transferred to the Division of Banking Supervision and Regulation at grade level FR-27. Id.

The plaintiff alleges that in March 1998, Michael Martinson, his then-supervisor, denied him a promotion to a managerial position at the FR-29 grade level, and instead selected Heidi Richards, "a woman in her early thirties." Id. Concerned that his supervisor was "effectuating [d]efendant's policy of promoting young women to positions of management," the plaintiff approached Martinson after Richards' selection. Id. In response to the plaintiff's concerns, in May 1998, Martinson allegedly "assured" the plaintiff that he would receive a promotion to grade level FR-28. Id.

"Having not received the promised promotion by September 1998," the plaintiff approached Martinson to inquire about the status of the promotion to the FR-28 grade level. Id. Martinson "assured" the plaintiff that "he would be promoted with the next group of promotions." Id. The plaintiff alleges that during this time period, Martinson "effectively demoted [him] by stripping him of his primary job duties and reassigning them to Mrs. Richards." Id. at 296-97.

"Based on Mr. Martinson's assurances that a promotion was forthcoming, [the plaintiff] did not pursue the matter with the [d]efendant's EEOC office." Id. at 297. On October 7, 1999, Martinson promoted a group of individuals. Id. The plaintiff, however, was not one of those individuals. Id. Martinson explained that he could not justify the plaintiff's promotion "because of his recently truncated work responsibilities." Id.

Soon afterwards, in November 1999, the plaintiff filed an informal charge with the defendant's EEOC office alleging age and gender discrimination. Id. The plaintiff filed a formal discrimination charge in January 2000. Id.

B. Procedural Background

On July 9, 2004, the plaintiff received a Notice of Final Agency Action dismissing his EEOC discrimination charges as untimely. Id. The plaintiff filed a complaint in this court on October 4, 2004. Id. The complaint alleged that his supervisor unlawfully retaliated against him by lowering his performance ratings in 2000, 2001, 2002, and 2003, in violation of Title VII, 42 U.S.C. ...


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