Barker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CAROLINE BARKER, Case No. 23-cv-00308-DMR

Plaintiff,

ORDER ON MOTION TO DISMISS

v. Re: Dkt. No. 32 LAUREN MCFERRAN, Defendant.

Self-represented Plaintiff Caroline Barker filed a complaint against Lauren McFerran, Chairperson of the National Labor Relations Board (“NLRB”), alleging claims related to her employment with the NLRB. Defendant now moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint. [Docket No. 32.] The court held a hearing on October 12, 2023. For the following reasons, the motion is granted. I. BACKGROUND Plaintiff makes the following allegations in the complaint, which the court takes as true for purposes of this motion. Plaintiff is African-American and over the age of 40. Compl. 3 ¶ 6. She has been working as a Program Support Assistant at the NLRB’s San Francisco office for 22 years. Id. at 4, ¶ 8. Plaintiff’s compensation level is GS-5 Step 10 and she has never received a …