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Albert Adams v. District of Columbia

June 27, 2011

ALBERT ADAMS, PLAINTIFF,
v.
DISTRICT OF COLUMBIA, DEFENDANT.



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

Re Document No.: 23

MEMORANDUM OPINION

DENYING THE PLAINTIFF'S MOTION FOR RELIEF UPON RECONSIDERATION

I. INTRODUCTION

This matter is before the court on the plaintiff's motion for relief upon reconsideration of this court's previous order, granting in part and denying in part the defendant's motion to dismiss. The plaintiff argues that the court erred in dismissing his claim brought pursuant to the District of Columbia Human Rights Act ("DCHRA"), D.C. CODE §§ 2-1401.01 et seq., as well as his claim of disparate treatment brought under the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. § 794. Because the claims were properly dismissed for the reasons articulated in the court's previous Memorandum Opinion, the court denies the plaintiff's motion for relief upon reconsideration.

II. BACKGROUND

A. Factual Background*fn1

The plaintiff, a Technology Specialist for the District of Columbia Department of Mental Health ("the Department"), suffered a stroke in May 2005. 2d Am. Compl. ¶¶ 9-10, 14. After spending two months at a rehabilitation center, the plaintiff requested to work from home. Id. ¶¶ 14, 18.

By September 2005, no arrangements had been made to satisfy the plaintiff's request, prompting the plaintiff to initiate the Equal Employment Opportunity ("EEO") complaint process. Id. ¶ 25. On February 5, 2006, the Department's EEO manager issued the plaintiff a notice of right to file a discrimination complaint, stating that defendant was "unable to grant the accommodation request." Id. ¶¶ 32-33. On February 22, 2006, the plaintiff filed a formal complaint of discrimination with the District of Columbia Office of Human Rights ("DCOHR") and cross-filed it with the Equal Employment Opportunity Commission. Id. ¶ 34; Def.'s Mot. to Dismiss, Ex. A.

Although the plaintiff and the Department were engaged in ongoing mediation at this point, the plaintiff elected to move forward with the DCOHR complaint process.2d Am. Compl. ¶¶ 44-52. On January 1, 2008, the DCOHR issued a letter of determination stating that there was probable cause to believe that the Department failed to provide the plaintiff with a reasonable accommodation for his disability. Id. ¶ 53. The DCOHR mediation division continued to facilitate negotiation discussions until August 2008, at which point the mediation division issued a notice regarding the parties' failure to reach an agreement. Pl.'s Opp'n to Mot. to Dismiss at 9-10.

After a hearing before a DCOHR independent examiner, the plaintiff requested that his case be transferred to the Superior Court of the District of Columbia. Id. at 10. Noting that the DCOHR does not transfer cases, the DCOHR administratively dismissed the case with prejudice on October 20, 2009. Id., Ex. 3.

B. Procedural History

On November 9, 2009, the plaintiff filed a complaint in the Superior Court of the District of Columbia against the Department. See Notice of Removal; Am. Compl. ¶ 8. The plaintiff amended the complaint and the defendants removed the case to this court the following month. See Notice of Removal. The plaintiff subsequently amended the complaint for a second time, asserting claims against the District of Columbia instead of the Mayor and Attorney General for the District of Columbia. See generally 2d Am. Compl. The plaintiff sought relief for claimed violations of the DCHRA, the Rehabilitation Act, and the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq. See generally 2d Am. Compl.

The defendant subsequently filed a motion to dismiss the plaintiff's second amended complaint, see generally Def.'s Mot. to Dismiss, which the court granted in part and denied in part, see generally Mem. Op. (Sept. 28, 2010). More specifically, the court denied the defendant's motion to dismiss with respect to the plaintiff's ADA claims and his hostile work environment claim under the Rehabilitation Act. Mem. Op. (Sept. 28, 2010) at 1. The court, however, granted the motion ...


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