Rexroat v. Architect of the U.S. Capitol

Summary

The United States District Court for the District of Columbia partially grants and partially denies the Architect of the U.S. Capitol’s motion to dismiss claims under the Congressional Accountability Act. The court allows allegations concerning the decision to use a competitive rather than noncompetitive process for the Deputy Architect position to proceed, but dismisses allegations concerning the AOC’s handling of Rexroat’s participation in unrelated litigation. The court also grants Rexroat’s unopposed motion for leave to file a sur-reply.

Holdings

1. The allegations that the Architect of the Capitol considered but did not use a noncompetitive process to select Rexroat for Deputy Architect were not subject to dismissal merely because no person was ultimately selected noncompetitively. The allegations could remain part of Rexroat's claims concerning her nonselection.
2. Rexroat failed to plausibly allege that the Architect's conduct in unrelated litigation was undertaken because of her protected activity. The court therefore dismissed the allegations that the Architect failed to protect her interests in the Kraft and Leonard matters.

Questions Presented

1. Whether allegations that the Architect of the Capitol failed to select Rexroat through a noncompetitive process plausibly stated claims for retaliation, intimidation, sex discrimination, or sex-plus-age discrimination under the Congressional Accountability Act.
2. Whether allegations concerning the Architect's counsel's failure to protect Rexroat's interests in unrelated post-employment litigation plausibly stated retaliation or intimidation claims under the Congressional Accountability Act.

Disposition

other