A federal judge has dismissed a discrimination lawsuit filed by a former employee who claimed his supervisor made offensive remarks about his race and sexual orientation, ruling the allegations did not plausibly establish violations of federal law.
A federal judge in Washington, D.C., has thrown out a discrimination lawsuit brought by a former employee of government contractor Bow Wave LLC, finding that the allegations in the complaint fell short of establishing claims under Title VII of the Civil Rights Act.
U.S. District Judge Trevor N. McFadden issued the ruling in a case filed by former employee Wynton Johnson, who alleged that a supervisor subjected him to discriminatory comments and treated him differently from coworkers.
Key Points
• Federal judge dismissed discrimination lawsuit against Bow Wave LLC
• Plaintiff alleged supervisor made offensive comments about race and sexual orientation
• Court also rejected plaintiff’s effort to return the case to D.C. Superior Court
According to court records, Johnson alleged that his manager, Pete Young, made two offensive remarks during his employment.
The complaint states that Young told Johnson, “If you stop kissing dirty boys, you wouldn’t get sick,” and approximately one month later asked, “Oh, are you afraid of the police?”
Employee alleged unequal treatment
Beyond the comments, Johnson claimed he was treated differently than coworkers regarding workplace rules and leave requests.
According to the complaint, other employees were allegedly allowed to take leave without having sufficient accrued hours, while Johnson was denied similar flexibility.
Johnson also alleged that he was required to move his desk closer to his supervisor and inform him whenever he left his workstation, requirements he said were not imposed on other employees.
Judge rejects remand request
Before addressing the substance of the lawsuit, the court considered Johnson’s request to send the case back to D.C. Superior Court.
Johnson argued that his lawsuit involved only local claims and did not raise any federal questions. Judge McFadden rejected that argument, noting that the complaint explicitly referenced both federal anti-discrimination law and Title VII.
“Nothing more is needed,” McFadden wrote when explaining why the federal court had jurisdiction over the case.
The judge also criticized Johnson’s assertion that the complaint contained no references to federal law, describing the claim as “flagrantly false” because the lawsuit expressly cited Title VII.
Court finds claims insufficient
The opinion concluded that Johnson’s allegations were too limited to support the discrimination claims asserted in the lawsuit.
McFadden described the complaint as “bare bones” and found that the allegations largely consisted of two isolated comments and conclusory assertions of differential treatment.
As a result, the court granted Bow Wave’s motion to dismiss the lawsuit.
The ruling ends the case at the district court level unless Johnson seeks reconsideration or appeals the decision to a higher court.