Johnson v. Federal Aviation Administration

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TIMOTHY B. JOHNSON, Case No. 22-cv-00512-DMR

Plaintiff,

ORDER ON MOTION TO DISMISS

v. FIRST AMENDED COMPLAINT

PETE BUTTIGIEG, SECRETARY OF Re: Dkt. No.

TRANSPORTATION,

11 Defendant. 12 Plaintiff Timothy B. Johnson filed a first amended complaint (“FAC”) against Pete Buttigieg, Secretary of Transportation, United States Department of Transportation (“DOT”) alleging claims for employment discrimination, harassment, and retaliation under federal law. Defendant now moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss certain claims. [Docket No. 21.] The court held a hearing on December 8, 2022. For the following reasons, the motion is granted. I. BACKGROUND A. Allegations in the FAC Johnson is an African American man with Type-2 Diabetes Mellitus, which he alleges is a disability under federal regulations. He worked as an Air Traffic Manager (“ATM”) at the Livermore Air Traffic Control Tower…