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Ellis v. Chertoff

May 16, 2007

MABLE L. ELLIS PLAINTIFF
v.
MICHAEL CHERTOFF, SECRETARY, U.S.DEPARTMENT OF HOMELAND SECURITY, TRANSPORTATION SECURITY ADMINISTRATION, ET AL. DEFENDANTS



The opinion of the court was delivered by: James M. Moody United States District Court

ORDER

Pending before the Court is the defendant's*fn1 Motion to Dismiss for lack of jurisdiction pursuant to Federal Rule of Procedure 12(b)(1) and failure to state a claim upon which relief can be granted pursuant to Federal Rule of Procedure 12(b)(6) (#13). For the reasons stated below, the motion is granted and defendant Carlton M. Hadden is dismissed.

Plaintiff, an employee of the Transportation Security Administration ("TSA") brings this Title VII complaint against the EEOC contending that the EEOC's decision denying her appeal of TSA's denial of her complaint of employment discrimination on the basis of race was in error.

This Court does not have jurisdiction over plaintiff's claims as Title VII does not provide plaintiff the right to sue the EEOC because she believes its decision in her case was in error. See 42 U.S.C. § 2000e et seq. (2000); McCottrell v. E.E. O.C., 726 F.2d 350, 351(7th Cir. 1984) (well settled that Title VII does not provide either express or implied cause of action against EEOC to challenge its investigation and processing of charge).

Plaintiff does have the right, however, to a de novo trial in this Court on the issue of whether her employer, TSA, discriminated against her. Therefore, her case will continue against defendant Michael Chertoff, Secretary, U.S. Department of Homeland Security, Transportation Security Administration.

IT IS SO ORDERED THIS 16 day of ...


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