Anica Ashbourne v. Donna Hansberry
Anica Ashbourne v. Donna Hansberry
Opinion
This appeal turns on the answer to a single question: Are Anica Ashbourne's employment discrimination claims under Title VII, 42 U.S.C. § 2000e etseq. , subject to ordinary principles of res judicata , even though at the time she filed her earlier suit she had not yet received a notice of her right to sue for those claims? We now join every circuit court to have addressed that question, as well as a number of our own prior unpublished dispositions, and hold that res judicata applies to such Title VII claims, at least in the absence of a particularized showing that prosecuting or otherwise preserving the claims in the initial litigation was infeasible. Because including Ashbourne's Title *300 VII claims in her initial litigation was entirely feasible, the judgment of the district court is affirmed.
I
In June 2010, the Department of the Treasury's Internal Revenue Service hired Anica Ashbourne, a tax attorney and certified public accountant, into its Global High Wealth division, subject to a one-year probationary period. Shortly before her probationary year expired, the IRS terminated Ashbourne for having provided false or misleading information about her employment history in the job application process. The termination became final on May 28, 2011.
Ashbourne I
Ashbourne brought challenges related to her termination on two separate fronts: She raised Title VII claims asserting race and gender discrimination in a Treasury Department administrative proceeding, and she pressed a number of other challenges tied to her termination in federal court.
On the federal-court front, Ashbourne filed three separate lawsuits in the United States District Court for the District of Maryland between September 30 and November 30, 2011. Ashbourne's first complaint alleged that the Treasury Department and her former supervisors violated her constitutional right to due process by jeopardizing her chances for future employment without an evidentiary hearing.
Ashbourne v. Geithner
, 8:11-cv-02818-RWT,
The district court in Maryland consolidated all three complaints into a single action.
Ashbourne v. Geithner
,
On the administrative front, Ashbourne filed a complaint in November 2011 with the Treasury Department's equal employment opportunity office, in which she alleged that her termination and related events violated Title VII. Treasury denied her administrative claim in December 2012, and informed Ashbourne that she could either appeal that decision to the Equal Employment Opportunity Commission ("EEOC") or file a civil suit in district court. Ashbourne v. Hansberry , 1:16-cv-908-CKK, ECF No. 6-2 (D.D.C. Aug. 18, 2016) (" Ashbourne II "). Treasury also informed her that, if she chose EEOC review, she could still file a civil action if the EEOC did not issue a final decision within 180 days. Id .
On January 26, 2013, Ashbourne chose to appeal to the EEOC rather than to join her Title VII claims with her pending litigation.
Meanwhile back in the courtroom, the district court transferred Ashbourne's three consolidated complaints to the United States District Court for the District of Columbia.
Ashbourne
,
*301
Ashbourne appealed the denial of retransfer, and moved this court to hold the appeal in abeyance until the EEOC acted on her pending Title VII claims.
Ashbourne v. Wolin
, No. 13-5006, Motion to Stay Proceedings at 3, ECF No. 1420479 (D.C. Cir. Feb. 13, 2013). Treating Ashbourne's interlocutory appeal as a petition for a writ of mandamus,
see
In re Briscoe
,
When the case returned to district court, Ashbourne was ordered to file "a single, consolidated complaint" that would "contain[ ] all claims remaining in this consolidated case." Ashbourne I , 1:12-cv-1153-BAH, ECF No. 44 at 2 (D.D.C. Aug. 9, 2013). She complied on October 29, 2013. Ashbourne's consolidated complaint asserted only her claim under the Due Process Clause and four causes of action under the Privacy Act. Id ., ECF No. 49 (D.D.C. Oct. 29, 2013). Title VII was nowhere mentioned in the consolidated complaint, even though Ashbourne had been advised that she could have brought suit on her Title VII claims due to the EEOC's delay in ruling, 42 U.S.C. § 2000e-16(c). See Ashbourne II , 1:16-cv-908-CKK, ECF No. 6-2. Neither did she ask the district court for a stay of proceedings pending the EEOC's decision or otherwise notify the court of the pending administrative Title VII claims.
In September 2015, the EEOC dismissed Ashbourne's appeal of her Title VII claims on the ground that its regulations prohibit the simultaneous pursuit of administrative and judicial remedies.
See
Around that same time, the district court dismissed Ashbourne's alleged Due Process Clause violation, which she had filed under
Two months later, the district court
sua sponte
dismissed Ashbourne's Privacy Act claims against the individual defendants because the Act provides a cause of action only against federal agencies.
Ashbourne I
,
Closing the loop on
Ashbourne I
, this court affirmed the district court's final judgment on the ground that Ashbourne's claims "impermissibly recast a federal personnel management decision as a factual challenge under" the Privacy Act, and that she had received adequate process to protect her professional reputation.
Ashbourne v. Hansberry
,
Ashbourne II
In May 2016, roughly eight months after the EEOC dismissed her administrative appeal and about six months after the district court entered judgment for the government in Ashbourne I , Ashbourne filed a second complaint in the District of Columbia district court. Ashbourne II , 1:16-cv-908-CKK, ECF No. 1 (D.D.C. May *302 18, 2016). This time, Ashbourne alleged that her firing violated Title VII. The Title VII complaint was against the same defendants and involved the same factual allegations of adverse employment actions involving unequal pay, a hostile work environment, and termination as Ashbourne I . Id. ¶¶ 325.
The district court dismissed the complaint on the ground that the Title VII claims were barred by
res judicata
.
Ashbourne II
,
II
Ashbourne's attempt to relitigate employment claims resolved against her in favor of the same defendants in her first lawsuit fits res judicata doctrine to a T. The only colorable argument that Ashbourne asserts to fend off res judicata is that she had not been given a timely right-to-sue letter in her administrative proceedings. But when, as here, the absence of that letter was no barrier to joining the claims to her pending federal court action, Ashbourne's voluntary choice to stick with the administrative forum is just as much subject to res judicata consequences as any other strategic choice to withhold a claim from litigation.
We review
de novo
the district court's application of
res judicata
.
Ibrahim v. District of Columbia
,
Res judicata
is an ancient legal doctrine that, in simple terms, limits parties to one bite at the litigation apple. Generally speaking, it bars successive lawsuits if a prior litigation (1) involving the same claims or causes of action, (2) between the same parties or their privies, (3) ended in a final, valid judgment on the merits, (4) entered by a court of competent jurisdiction.
Smalls v. United States,
Ashbourne's second lawsuit checks every one of those boxes. The district court's jurisdiction in the original case is unquestioned. Ashbourne's Title VII claims and the claims already fully adjudicated on the merits in
Ashbourne I
share a common genesis: the termination of her federal employment and alleged adverse
*303
employment actions tied up with that termination. And the Title VII lawsuit targets the same defendants that had already been forced to defend the same conduct against factually related claims, on which they obtained a judgment on the merits in their favor.
See
Ashbourne II
,
The only question is whether the administrative exhaustion requirements for Title VII claims change the res judicata calculus. We hold that administrative exhaustion does not do so if the plaintiff had a full and fair opportunity to bring the Title VII claims in the initial action. Ashbourne had two distinct opportunities to join her Title VII claims to her pending litigation and multiple chances to seek a stay in district court, but availed herself of none of them.
First, she could have added the Title VII claims to her litigation after Treasury's equal employment opportunity office denied her claim in December 2012. See 42 U.S.C. § 2000e-16(c) (indicating that, after timely filing a formal administrative complaint, a federal employee may file a civil action in federal court within ninety days of receiving the agency's notice of a final administrative decision). At that point, her consolidated cases were at a very early procedural juncture-it was nearly nine months before the district court ordered Ashbourne to file a final, consolidated complaint containing all claims-so the addition of new claims was presumptively permissible. See FED . R. CIV . P. 15(a)(2) ("The court should freely give leave [to amend the complaint] when justice so requires.").
Second, she could have added her Title VII claims to the final consolidated complaint filed in district court after the transfer, when the district court specifically invited her to include all claims she wished to litigate against the defendants in a single proceeding. Ashbourne I , 1:12-cv-1153-BAH, ECF No. 44 (D.D.C. Aug. 9, 2013) ("[I]n the interest of judicial efficiency * * * [Ashbourne] is directed to file by September 11, 2013, a single, consolidated complaint containing all claims remaining in this consolidated case " "so as to allow the defendants to address all remaining claims in this action in a single motion[.]") (emphasis added). Exhaustion was no bar at that point because the EEOC had failed to issue a decision within 180 days, which freed her to proceed to district court without awaiting further EEOC action or notice of her right to sue. See 42 U.S.C. § 2000e-16(c).
Ashbourne, of course, had the right to prefer the continued pursuit of administrative review to federal court litigation. But that choice, like any other strategic choice a party might make to refrain from litigating a particular claim, has res judicata consequences.
In so holding, we find ourselves in good company. Every other circuit to address the question has held that
res judicata
principles apply to claims that could have been included in the earlier litigation.
See
,
e.g.
,
Woods v. Dunlop Tire Corp.
,
Alternatively, Ashbourne could have sought a stay of the initial litigation from the district court pending the conclusion of administrative proceedings. That would have put everyone on notice that she was seeking to vindicate Title VII claims alongside the other constitutional and statutory claims already being litigated, and would have allowed the district court to take the procedural steps necessary to efficiently manage the litigation. But Ashbourne did not pursue a stay of the district court proceedings either.
See, e.g.
,
Battle v. Peters
, No. 06-5424 (D.C. Cir. Aug. 9, 2007) (unpub. mem.) (explaining that obtaining a stay of the first action until receipt of the right-to-sue letter for the Title VII claims could prevent
res judicata
from attaching);
Woods
,
Nor did Ashbourne seek expedited issuance of a right-to-sue letter from the EEOC so that she could timely join the Title VII claims to the pending litigation.
See
Herrmann
,
Here, Ashbourne, a licensed attorney, failed at every turn to avail herself of the procedural safeguards available for prosecuting or preserving her Title VII claims.
*305 She has identified no reason why, with ordinary diligence, she could not have litigated or otherwise preserved her Title VII claims in the initial litigation. Neither the administrative agencies nor the district court impeded the inclusion of her Title VII claims in Ashbourne I . Nor was a reasonable request for a stay of litigation denied by the district court.
Ashbourne's passing suggestion that her Title VII claims arose out of a different nucleus of relevant facts from those at issue in
Ashbourne I
is without merit.
See
Ashbourne Br. 20. As the district court found, the operative complaints in Ashbourne's first and second federal actions are both predicated on her termination and interrelated adverse employment actions.
See
Ashbourne II
,
Ashbourne also argues that her motion in this court to hold the retransfer appeal in abeyance should have sufficed to preserve her Title VII claims. Ashbourne Br. 17-18; Reply Br. 10-11. Ashbourne is correct that she styled that request as a "Motion to Stay Proceedings and Memorandum in Support." No. 13-5006, Doc. No. 1420479 (Feb. 13, 2013). But that is not enough.
For starters, that document never references Title VII, administrative exhaustion, or res judicata . She nowhere explains that the appellate stay she is seeking is needed to also halt the district court litigation in order to preserve a Title VII claim that she could not otherwise bring. More to the point, no stay motion was filed in district court, as the rules require when a stay of district court proceedings is sought. FED . R. APP . P. 8 ; see D.C. CIR . RULE 8. Instead, Ashbourne filed her motion in this court seeking only to stay this court's action on her interlocutory appeal challenging the transfer decision. Ashbourne never sought a stay of the district court litigation pending exhaustion of her administrative remedies. Ashbourne's belated effort to repurpose her filing in this court thus is no answer to settled res judicata law.
III
For the foregoing reasons, the judgment of the district court is affirmed.
So ordered.
Reference
- Full Case Name
- Anica ASHBOURNE, Appellant v. Donna HANSBERRY, Director, Global High Wealth, Et Al., Appellees
- Cited By
- 21 cases
- Status
- Published