Fire Chief Cannot Be Sued Individually In Title VII Civil Rights Case

Tony McMillian is a firefighter working for the District of Columbia Fire & Emergency Medical Services Department. McMillian filed a broad-based discrimination lawsuit under Title VII of the Civil Rights Act, alleging that he was the victim of race discrimination. McMillian sued the District, the Department, and the Fire Chief, both in the Chief’s official role and in his personal capacity.

A court dismissed all of McMillian’s claims except that against the Fire Chief in his personal capacity. The Chief then moved to dismiss the claim against him.

A court granted the Chief’s motion to dismiss the lawsuit. The Court concluded that “Title VII applies to employers only, not to individual employees and supervisors. Thus, McMillian can not maintain a Title VII action against the Chief in his individual capacity.”

McMillian v. District of Columbia, 2006 WL 3749517 (D.D.C. 2006).