Akerson v. Pritzker

980 F. Supp. 2d 18, 28 Am. Disabilities Cas. (BNA) 1512, 2013 WL 5946505, 2013 U.S. Dist. LEXIS 157590
CourtDistrict Court, D. Massachusetts
DecidedNovember 4, 2013
DocketCivil Action No. 12-10240-PBS
StatusPublished

This text of 980 F. Supp. 2d 18 (Akerson v. Pritzker) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Akerson v. Pritzker, 980 F. Supp. 2d 18, 28 Am. Disabilities Cas. (BNA) 1512, 2013 WL 5946505, 2013 U.S. Dist. LEXIS 157590 (D. Mass. 2013).

Opinion

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

Plaintiff Bonnie Akerson brings this action alleging that her former employer, the United States Census Bureau, terminated her employment because she is Caucasian and disabled, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C § 2000e, and the Rehabilitation Act of 1973, 29 U.S.C. § 701. She contends that she was terminated in retaliation for requesting reasonable accommodations for her disability, and that she was paid less than a similarly qualified male employee in violation of the Equal Pay Act, 29 U.S.C. § 206. Defendant moves for summary judgment on all claims. The Court heard oral argument on the motion for summary judgment on July 29, 2013. After a review of the record, the Court DENIES Defendant’s Motion for Summary Judgment on Plaintiffs claims of disability discrimina[21]*21tion and retaliation but otherwise ALLOWS the motion. (Docket 23).

II. STATEMENT OF UNDISPUTED FACTS

When all reasonable inferences are drawn in Plaintiffs favor, the record contains the following facts, which are undisputed except where noted.

1. Employment at the Census Bureau

In February 2008, the Bureau of the Census posted a recruiting bulletin for Partnership Specialist openings in the Boston regional office. Partnership Specialists were eligible for pay at four salary grade levels, GS-7, GS-9, GS-11, and GS-12. Applicants could apply to the position at one or more of the four grade levels, depending on their education and experience. The bulletin stated that applicants “[m]ust submit a separate completed Application for each grade level applied.” Under “HOW TO APPLY,” the posting provided the following instructions:

Each applicant must submit a complete application for each grade level they wish to apply for, using the Optional Application for Federal Employment (OF-612), or a resume, listing your work duties and accomplishments relating to the job for which you are applying. If only one application is received, you will be considered only for the lowest grade,

(emphasis in original).

Plaintiff, a Caucasian female, applied only for the Partnership Specialist position at the GS-9 pay grade. She did not apply for the other three grade levels.

Partnership Specialists were responsible for educating external organizations about the upcoming 2010 Census and encouraging them to enter into “partnership agreements” with the Census Bureau. By signing a partnership agreement, an organization agreed to dedicate its time and resources to promoting the 2010 Census. The 2010 Census Partnership Agreement Form lists twenty-six ways in which a “partner” can support the Bureau’s efforts. Each partner could commit to one or more of these projects (referred to as “commitments”) by checking the appropriate boxes on the agreement form. Def. Mem. in Supp., Ex. B (Docket 26).

Plaintiff began working as a Partnership Specialist (GS-9) on May 12, 2008. Defendant paid Plaintiff at the GS-9 salary level. Carlos Linera, Plaintiffs male colleague, applied for the Partnership Specialist position at the GS-11 pay grade, and he was paid at the higher level. The Partnership Specialist positions at the GS-9 and GS-11 levels involved substantially the same responsibilities. At the time of Plaintiffs employment, at least one female Partnership Specialist was paid at the GS-11 salary level. EEOC Hr’g Tr. at 311 (Kalaitzidis Test.) (Docket 42, Ex. A).

Plaintiff had two supervisors at different points during her employment: Cesar Monzon, a Hispanic male, and Ana Maria Garcia, a Hispanic female. Monzon interviewed, hired and then supervised Plaintiff from her initial hiring date until December 23, 2008, when Garcia became her new supervisor. At all times during Plaintiffs employment, Kathleen Ludgate, a Caucasian female, was the Director of the Boston Regional Census Office.

2. Bladder Disease

Plaintiff has suffered from an inflammatory bladder disease known as interstitial cystitis for approximately five years. The condition is exacerbated by stress, causing “flare-ups” during which her symptoms are more severe. When her condition is exacerbated, Plaintiff must use the restroom frequently, as often as every twenty minutes, although each visit typically lasts [22]*22no longer than the restroom visits of a healthy individual. During flare-ups, she experiences a feeling of persistent “fullness” in her bladder, constant pressure and pain,- and difficulty sleeping. Neither Monzon nor Ludgate was ever aware of Plaintiffs illness. However, Garcia became aware of Plaintiffs bladder condition and need for frequent restroom breaks on February 9, 2009.

The following facts are largely disputed. Plaintiff asserts that Monzon would intentionally call her on the phone when she was in the restroom, although he could see her desk from his workspace. When she did not answer her phone, Monzon would send a co-worker into the bathroom after Plaintiff, and then “shake his head disapprovingly” when Plaintiff returned from the bathroom.

Monzon denies that he asked employees to seek out Plaintiff in the bathroom. He admits that he repeatedly inquired about Plaintiffs whereabouts, but claims that he did so because on several occasions she was away from her desk for extended periods of time without explanation. Def. Mem. in Supp., Ex. D (Docket 26). Monzon did not recommend her for disciplinary action based on unexplained absences. Plaintiffs October 2008 performance evaluation does not reference absences from the office.

3. Work Performance

In October of 2008, Plaintiff received a performance evaluation conducted by Monzon. On a scale of one (unacceptable performance) to five (highest level of performance), Plaintiff received a rating of “three” (acceptable performance) in all four evaluated categories. However, she received criticisms in two areas. Monzoris review stated that Plaintiff needed to execute more timely follow-up with external partners and establish a time line for one of her projects.

On or about November 3, 2008, Plaintiffs office instituted a policy that all Partnership Specialists were to submit a minimum of ten signed partnership agreements per week. Laura Medrano, a Hispanic Partnership Specialist, testified as to her understanding that she could meet the quota by obtaining ten total commitments (for example, by submitting two partnership agreement forms, each with five commitments checked off on the form). EEOC Hr’g Tr. at 303-4 (Medrano Test.) (Docket 34, Ex. 1). Monzon testified that the requirement was ten agreements per week, as communicated to Specialists at two November meetings. EEOC Hr’g Tr. at 236-38 (Monzon Test.) (Docket 26, Ex. A).

During the next three months, Plaintiff was counseled by her supervisors at least six times regarding her failure to meet the partnership agreement quota. On November 26, 2008, Monzon spoke with Plaintiff about her low numbers.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carreras v. Sajo, Garcia & Partners
596 F.3d 25 (First Circuit, 2010)
McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Corning Glass Works v. Brennan
417 U.S. 188 (Supreme Court, 1974)
McDonald v. Santa Fe Trail Transportation Co.
427 U.S. 273 (Supreme Court, 1976)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Albertson's, Inc. v. Kirkingburg
527 U.S. 555 (Supreme Court, 1999)
Morales-Vallellanes v. Potter
605 F.3d 27 (First Circuit, 2010)
National Amusements, Inc. v. Town of Dedham
43 F.3d 731 (First Circuit, 1995)
Sands v. Ridefilm Corp.
212 F.3d 657 (First Circuit, 2000)
Santiago-Ramos v. Centennial P.R. Wireless Corp.
217 F.3d 46 (First Circuit, 2000)
Bailey v. Georgia-Pacific Corp.
306 F.3d 1162 (First Circuit, 2002)
Benoit v. Technical Manufacturing Corp.
331 F.3d 166 (First Circuit, 2003)
Wright v. Comp USA, Inc.
352 F.3d 472 (First Circuit, 2003)
Lee-Crespo v. Schering-Plough Del Caribe Inc.
354 F.3d 34 (First Circuit, 2003)
Calero-Cerezo v. U.S. Dep of Justice
355 F.3d 6 (First Circuit, 2004)
Ingram v. Brinks Incorporated
414 F.3d 222 (First Circuit, 2005)
Quinones v. Houser Buick
436 F.3d 284 (First Circuit, 2006)
Douglas v. J.C. Penney Co.
474 F.3d 10 (First Circuit, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
980 F. Supp. 2d 18, 28 Am. Disabilities Cas. (BNA) 1512, 2013 WL 5946505, 2013 U.S. Dist. LEXIS 157590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akerson-v-pritzker-mad-2013.