The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge
MEMORANDUM OPINION GRANTING WMATA'S PARTIAL MOTION TO DISMISS THE AMENDED COMPLAINT; DENYING AS MOOT WMATA'S PARTIAL MOTION TO DISMISS THE ORIGINAL COMPLAINT
This matter comes before the court on the partial motion to dismiss filed by defendant the Washington Metropolitan Area Transit Authority ("WMATA").*fn1 The plaintiff, a WMATA employee, alleges that the defendants violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq., the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq., and the Rehabilitation Act, 29 U.S.C. §§ 701 et seq., by discriminating against her based on her race, age and disability and retaliating against her after she complained about the defendants' allegedly discriminatory conduct. WMATA has moved to partially dismiss the amended complaint, contending that it is immune from suit under the ADEA and the ADA. Because the court agrees that sovereign immunity bars the plaintiff's ADEA and ADA claims against WMATA, the court grants WMATA's partial motion to dismiss the amended complaint and denies as moot WMATA's partial motion to dismiss the original complaint.
II. FACTUAL & PROCEDURAL BACKGROUND*fn2
The plaintiff, a 51-year-old Caucasian female who has been diagnosed with Generalized Anxiety, has been employed by WMATA since 2001. Am. Compl. ¶ 2. As of late 2007, the plaintiff served as an acting Team Leader for a Human Resources Recruitment team in WMATA's Operations Department. Id. ¶ 4. In November 2007, however, WMATA announced a structural reorganization and informed the plaintiff that she would be "slotted" into the position of Human Resources Generalist IV. Id. That same month, Delecia Sampson, an African American female, became the Chief of Workforce Client Services at WMATA and immediately began demonstrating a preference for African American employees. Id. ¶ 5. The plaintiff was ultimately transferred into the position of Human Resources Generalist IV, but Sampson did not authorize the salary increase to which the plaintiff was entitled. Id. The plaintiff only obtained the salary increase after she complained to WMATA's Director of Compensation. Id.
In March 2008, Sampson -- in violation of WMATA's internal policies -- appointed Lora Wright, an African American female in her early 40s, as a team supervisor despite the fact that the plaintiff was more experienced than Wright. Id. ¶¶ 6-9. When Wright took on this supervisory role, the plaintiff's responsibilities were reduced significantly. Id. ¶ 7. During this time, the plaintiff began to have anxiety attacks at work. Id. ¶ 10. Sampson ultimately offered the plaintiff a severance package, stating that she believed the plaintiff "was unable to control her emotions at work, was not happy and was not expressing support for her new organization." Id. ¶ 12. In June 2008, the plaintiff was reassigned to a different position. Id. ¶ 13.
The plaintiff filed a complaint of discrimination with the Equal Employment Opportunity Commission and, following the issuance of a right-to-sue letter, filed suit in this court in June 2009. Id. ¶ 14; see generally Compl. After WMATA moved to partially dismiss the complaint, the plaintiff filed an amended complaint in July 2009.*fn3 See generally Am. Compl. WMATA filed a partial motion to dismiss the amended complaint shortly thereafter, contending that it is immune from suit under the ADEA and the ADA pursuant to the Eleventh Amendment.*fn4 See generally Def.'s Mot. As that motion is now ripe for adjudication, the court turns to the applicable legal standards and the parties' arguments.
A. Legal Standard for a Motion to Dismiss Pursuant to Rule 12(b)(1)
Federal courts are courts of limited jurisdiction and the law presumes that "a cause lies outside this limited jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994); St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); see also Gen. Motors Corp. v. Envtl. Prot. Agency, 363 F.3d 442, 448 (D.C. Cir. 2004) (noting that "[a]s a court of limited jurisdiction, we begin, and end, with an examination of our jurisdiction").
Because "subject-matter jurisdiction is an 'Art[icle] III as well as a statutory requirement[,] no action of the parties can confer subject-matter jurisdiction upon a federal court.'" Akinseye v. District of Columbia, 339 F.3d 970, 971 (D.C. Cir. 2003) (quoting Ins. Corp. of Ir., Ltd. v. Compagnie des Bauxite de Guinea, 456 U.S. 694, 702 (1982)). On a motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1), the plaintiff bears the burden of establishing by a preponderance of the evidence that the court has subject matter jurisdiction. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992).
Because subject matter jurisdiction focuses on the court's power to hear the claim, however, the court must give the plaintiff's factual allegations closer scrutiny when resolving a Rule 12(b)(1) motion than would be required for a Rule 12(b)(6) motion for failure to state a claim. Macharia v. United States, 334 F.3d 61, 64, 69 (D.C. Cir. 2003); Grand Lodge of Fraternal Order of Police v. Ashcroft, 185 F. Supp. 2d 9, 13 (D.D.C. 2001). Thus, the court is not limited to the allegations contained in the complaint. Hohri v. United States, 782 F.2d 227, 241 (D.C. Cir. 1986), vacated on other grounds, 482 U.S. 64 (1987). When necessary, the court may consider the complaint supplemented by undisputed facts evidenced ...