Amirmokri v. Abraham

437 F. Supp. 2d 414, 2006 U.S. Dist. LEXIS 48889, 88 Empl. Prac. Dec. (CCH) 42,432, 2006 WL 1889921
CourtDistrict Court, D. Maryland
DecidedMay 9, 2006
DocketCivil Action AW-05-1717
StatusPublished
Cited by174 cases

This text of 437 F. Supp. 2d 414 (Amirmokri v. Abraham) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amirmokri v. Abraham, 437 F. Supp. 2d 414, 2006 U.S. Dist. LEXIS 48889, 88 Empl. Prac. Dec. (CCH) 42,432, 2006 WL 1889921 (D. Md. 2006).

Opinion

MEMORANDUM OPINION

WILLIAMS, District Judge.

This action involves a Title VII suit brought by Homi Amirmokri (“Amirmok-ri” or “Plaintiff’) against Spencer Abraham in his capacity as Secretary of the United States Department of Energy (the “DOE” or “Defendant”). In his Complaint, Plaintiff alleges retaliation for engaging in a protected activity — namely, the filing and subsequent litigation of an EEO complaint — and discrimination on the basis of national origin — specifically, Iranian — in violation of the Title VII of the Civil Rights Act of 1964. Currently pending before the Court are Defendant’s Motion to Dismiss or, in the Alternative, for Summary Judgment [9], and Plaintiffs Motion for Leave to File a Surreply [19]. The Court has reviewed the entire record, as well as the pleadings with respect to the instant motions. No hearing is deemed necessary. See Local Rule 105.6 (D.Md. 2004). For the reasons stated below, the Court will grant Defendant’s Motion for Summary Judgment.

I. FACTUAL & PROCEDURAL BACKGROUND

At all times relevant to this action, Plaintiff, an Iranian immigrant, was a GS-15 level nuclear engineer employed by the DOE. 1 As part of his responsibilities, Plaintiff acted as Program Manager for the Oak Ridge National Laboratory (“ORNL”), a nuclear facility located in Oak Ridge, Tennessee. In this capacity, Plaintiff was responsible for, inter alia, reviewing safety measures at ORNL. On May 5, 2003, Plaintiff, who is based in the Washington, DC area, visited ORNL in connection with the planned transport of a “Q-Ball cask,” a 25-ton metal container used to move hazardous nuclear materials. Plaintiff was scheduled to view the cask *417 and receive a tour of the facilities that housed it.

While visiting ORNL, Plaintiff raised concerns over the adequacy of a Transportation Safety Document (“TSD”) that had been prepared by Cathy Simmons (“Simmons”), a member of the ORNL research and development staff, outlining the potential hazards of transporting the Q-Ball cask. Plaintiff was alarmed because the TSD was based on a dated safety analysis report and did not take into consideration more recent — and more stringent — DOE safety regulations. Plaintiff voiced his concerns to Ray Bond (“Bond”), the facility manager at the ORNL radiochemical and engineering development center, who offered to arrange an impromptu meeting between Plaintiff and Simmons. Although the parties’ accounts of this meeting differ, it is essentially undisputed that the encounter did not go well. Simmons, who had never previously prepared a formal TSD, was unable to satisfactorily answer Plaintiffs questions, and the meeting was eventually cut short by Bond, who suggested that Simmons be given an opportunity to prepare detailed answers to Plaintiffs queries. While Plaintiff contends that he was neither rude nor discourteous towards Simmons, Simmons was evidently shaken by this exchange, later complaining to her superiors that Plaintiff addressed her in a “hostile, condescending manner” that made her “feel about two inches tall.” (Pl.’s Opp., Ex. 10 at 15.)

Several days after the May 5th meeting, Plaintiffs supervisor at DOE, Owen Lowe (“Lowe”), was contacted by George Mal-osh, a manager at ORNL, and advised of Plaintiffs allegedly unprofessional conduct towards Simmons. Lowe was also informed of an incident that had occurred prior to the meeting, in which Plaintiff allegedly refused, when seeking entry into a limited access area at the facility, to identify his employer. Plaintiff was granted entry when Michael Woods, an ORNL representative who had been accompanying Plaintiff on his tour, stated that Plaintiff worked for DOE. After being notified of these incidents, Lowe spoke to Plaintiff and advised him to be “on his best behavior” during the remainder of his visit to ORNL.

On May 15, 2003, Plaintiff met with Larry Boyd, a GS-14 general engineer at ORNL, in Boyd’s office at the facility. The subject of the meeting was an email that Boyd had sent to Plaintiff approximately two months earlier, in which Boyd suggested that performing an independent transportation safety review of the Q-Ball cask would be a waste of taxpayer money. Boyd has testified that upon entering his office and shutting the door, Plaintiff immediately asked him whether he (Boyd) knew that he could be sued for libel, and then repeated this question several times during the course of the meeting. Boyd was taken aback by this question, which he viewed as a thinly-veiled threat designed to suppress a differing technical opinion. Following this exchange with Plaintiff, Boyd contacted Lowe to complain.

Lowe, who was particularly troubled that this incident occurred after he had specifically admonished Plaintiff to be on his best behavior, decided to conduct his own investigation into Plaintiffs conduct at ORNL. After receiving approval from his supervisor, William Magwood, Lowe traveled to ORNL and interviewed Simmons, Bond, and several other individuals. Lowe did not, however, interview Woods, who had accompanied Plaintiff on part of his tour and later testified that he had not observed Plaintiffs behavior to be rude or unprofessional in any way. Lowe also spoke to Plaintiff regarding his conduct during the trip. According to Lowe, Plaintiff essentially denied that anything improper had happened, a response which Lowe did not find credible. Lowe then *418 discussed the situation with the human resources department, which advised him that a suspension of Plaintiff would, under the circumstances, be warranted. Lowe decided that a milder sanction would be sufficient, and issued Plaintiff a memorandum of reassignment and a letter of reprimand. The reassignment notice, issued on June 16, 2003, provided that Plaintiff would no longer have oversight duties at ORNL and that he was not to have any direct contact with anyone at the facility. The notice also instructed Plaintiff to focus his time and energy on completing a Documented Safety Analysis (“DSA”) review. The letter of reprimand, issued on June 27, 2003, discussed Plaintiffs “inappropriate behavior” at ORNL, specifically referencing his meeting with Cathy Simmons, his meeting with Larry Boyd, and his conduct when seeking entry into the limited access area. The letter also provided that it would remain in Plaintiffs personnel folder for a period of one year and would then be removed.

After Plaintiffs reassignment, his primary task was to complete a DSA of the ORNL High Frequency Isotope Reactor (“HFIR”) safety documentation. Plaintiff contends that in the course of completing the DSA, Lowe gave him “unattainable deadlines,” forcing Plaintiff to work a substantial amount of overtime. Lowe asserts that although he expected Plaintiff to adhere to a certain schedule, Plaintiff was granted additional time to complete his assignment when it became clear that the original deadline would not be met. Plaintiff also alleges that after he completed the DSA, in September 2004, he was deprived of meaningful work until April 2005. Plaintiff asserts that approximately 70% of his time was spent reading technical journals, in an effort to maintain his overall level of expertise, while the other 30% was dedicated to small, discrete tasks such as reviewing the DOE website.

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

Related

Perez-Lopez v. Sensayu
D. Maryland, 2024
Evans v. Schultz
D. Maryland, 2024
Ryan v. Mayorkas
D. Maryland, 2024
Mills v. Bishop
D. Maryland, 2024
Mills v. Carr
D. Maryland, 2024
Campbell v. Perkins
D. Maryland, 2023
Smith v. Armstead
D. Maryland, 2023
Mills v. Iser
D. Maryland, 2023
Malone v. Millan
D. Maryland, 2023
Roberts v. Sires
D. Maryland, 2023
Ames v. Smith
D. Maryland, 2023
Berrios v. Gouff
D. Maryland, 2023
Pevia v. Moyer
D. Maryland, 2023
Roberts v. Nines
D. Maryland, 2023
Jones, Jr. v. LTS
D. Maryland, 2023
Howard v. United States
D. Maryland, 2023
Quesenberry v. Green
D. Maryland, 2023

Cite This Page — Counsel Stack

Bluebook (online)
437 F. Supp. 2d 414, 2006 U.S. Dist. LEXIS 48889, 88 Empl. Prac. Dec. (CCH) 42,432, 2006 WL 1889921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amirmokri-v-abraham-mdd-2006.