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Dwyer v. Horne

Federal Agency Not Security Guard's Joint Employer in Hostile Work Site, Retaliation Suit

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OPINION AND ORDER

*1 Plaintiff, Winifred Dwyer, brings this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000(e) et seq. (“Title VII”), alleging two claims against the Administrator of the General Services Administration (“GSA”)1, one for a hostile work environment and the other for retaliation. Defendant acknowledges that disputes of material fact exist regarding whether plaintiff was in fact subjected to a hostile work environment or retaliation and moves for summary judgment only on the grounds that: (1) plaintiff cannot sue GSA pursuant to Title VII because GSA was not plaintiff’s employer; and (2) plaintiff failed to properly exhaust her claims prior to filing suit. For the reasons set forth below, defendant’s motion is GRANTED.I. FactsA. Plaintiff’s Hostile Work Environment and Retaliation ClaimsPlaintiff was a security guard in a federal office building in Manhattan. The building was managed by GSA, a federal agency, but plaintiff worked for a private security company, called

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