Where a man alleged his applications for 12 employment vacancies with a Department of Defense agency were denied because of his sex, religion and prior protected activity, his suit was transferred from Kansas to the Eastern District of Virginia.
Background
Stan Laber is a Jewish male and retiree of the Department of Defense, or DOD. This case arises out of plaintiff’s unsuccessful applications to 12 identified employment vacancies with the Defense Contract Management Agency, an agency within the DOD. These vacancies spanned across several states — five in New York, four in Massachusetts, two in Wisconsin and one vacancy’s location was negotiable after selection.
Plaintiff contends that in each rejection, he was discriminated against because of his sex, religion and prior protected activity in violation of Title VII of the Civil Rights Act of 1964. Defendant has moved to dismiss 11 out of 12 claims for improper venue or, in the alternative, to transfer the entire case to the Eastern District of Virginia. Plaintiff agrees that transfer of venue is appropriate, but to the Northern District of New York.
Analysis
Title VII contains a venue provision which provides for proper venue: “[1] in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, [2] in the judicial district in which the employment records relevant to such practice are maintained and administered, or [3] in the judicial district in which the aggrieved person...
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