Holly

ORDER GRANTING PARTIAL MOTION TO DISMISS

Plaintiff Roger Holly is an African American man and a licensed minister in the Baptist Church who worked for the National Park Service until his termination on March 10, 2014. Plaintiffs First Amended Complaint (“FAC”) [Docket No. 16] alleges four claims for relief: 1) religious and race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (“Title VII”); 2) retaliation on the basis of religion and race in violation of Title VII; 3) violation of his First Amendment rights to free speech, free exercise of religion, and freedom of association; and 4) violation of the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. § 2000bb et seq. Plaintiff brings this action against Defendant Sally Jewell in her official capacity as the Secretary of the United States Department of the Interior.

Defendant now moves pursuant to Federal Rule of Civil Procedure 12(b)(1) to dismiss Plaintiffs First Amendment and RFRA claims. Defs.’ Partial Motion to Dismiss (“MTD”) [Docket No, 19]. Defendant argués that both claims are “preempted” by Title VII, which provides the sole remedy for discrimination in federal…