See Def.'s Mem. at 16 n.3; Def.'s Reply at 6. While the "single employer" test was initially developed to determine if private corporations met the statutory employee requirement, courts have applied the test in cases involving governmental entities. SeeTewelde v. Albright , 89 F.Supp.2d 12, 16 n.7 (D.D.C. 2000) (applying the test to the United States State Department and the American Embassy Association, but concluding that the entities were not a single employer). Even courts that have questioned the test's applicability to governmental entities have observed that at least two of its factors, the "interrelation of operations and centralized control of labor relations," are relevant to the inquiry.
To determine whether two separate corporate entities can be considered a "single employer" for liability purposes, courts examine four factors: (1) interrelation of operations; (2) common management; (3) centralized control of labor relations and personnel; and (4) common ownership or financial control. See Woodland v. Viacom, Inc., 569 F. Supp. 2d 83, 87 (D.D.C. 2008); Tewelde v. Albright, 89 F. Supp. 2d 12, 17 (D.D.C. 2000). "Although the absence or presence of any single factor is not conclusive, the control over the elements of labor relations is a central concern."
"In reviewing the common management factor, the existence of interlocking officers and directors is particularly relevant." Tewelde v. Albright, 89 F. Supp. 2d 12, 18 (D.D.C. 2000). But even without allegations that the two entities had overlapping officers and directors, the inquiry ultimately "involves the degree of actual or active control, not formal job titles or potential control over day to day operations."
Plaintiff cites EEOC decisions in support of this argument, but "[i]t is well established that EEOC decision and precedents do not have controlling precedent in federal courts." Tewelde v. Albright, 89 F. Supp. 2d 12, 17 n. 4 (D.D.C. 2000). Although Plaintiff does not argue that he properly raised national origin discrimination in his EEOC complaint, the Court nevertheless also reviewed his 94-page, single-spaced EEOC complaint (inclusive of attachments) to determine whether Plaintiff made allegations concerning national origin such that the EEOC may have had notice of this claim.
"It is well established that EEOC decision and precedents do not have controlling precedent in federal courts." Tewelde v. Albright, 89 F. Supp. 2d 12, 17 n. 4 (D.D.C. 2000). Plaintiff also argues that the interrogatory answers provided by Ms. Dela Cerna support an inference of discrimination.
In order to determine whether two separate corporate entities can be considered a "single employer," courts examine four factors: (1) interrelation of operations; (2) common management; (3) centralized control of labor relations and personnel; and (4) common ownership or financial control. See Hunter v. Ark Rest. Corp., 3 F. Supp 2d at 18 (using "single employer" test for DCHRA actions); see also Radio Television Broad. Technicians Local Union 1264 v. Broad. Serv. of Mobile, 380 U.S. 255, 256 (1965) (Supreme Court endorsed the "single employer" test for Title VII cases); Tewelde v. Albright, 89 F. Supp. 2d 12, 17 (D.D.C. 2000). "Although the absence or presence of any single factor is not conclusive, the control over the elements of labor relations is a central concern."
With respect to the second factor — common management — "the existence of interlocking officers and directors is particularly relevant." Tewelde v. Albright, 89 F. Supp. 2d 12, 18 (D.D.C. 2000). Here, Plaintiff erroneous asserts that Mr. Eitches is "a regional vice president and executive board member of AFGE's bargaining council," Pl.'s Opp'n at 15, when, as discussed above, he in fact holds those positions on HUD Council 222.