Bailey v. Ares Group, Inc.

803 F. Supp. 2d 349, 2011 WL 1135879
CourtDistrict Court, D. Maryland
DecidedMarch 25, 2011
DocketCivil Action No. RDB 10-1420
StatusPublished
Cited by5 cases

This text of 803 F. Supp. 2d 349 (Bailey v. Ares Group, Inc.) 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
Bailey v. Ares Group, Inc., 803 F. Supp. 2d 349, 2011 WL 1135879 (D. Md. 2011).

Opinion

MEMORANDUM OPINION

RICHARD D. BENNETT, District Judge.

Plaintiff DeVera Bailey (“Bailey”) brings this cause of action against her employer, Ares Group, Inc. (“Ares Group”), for sex, age and disability discrimination, as well as retaliation, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”), and the Americans with Disabilities Act, 42 U.S.C. § 12112 et seq. (“ADA”). The parties’ submissions have been reviewed and no hearing is necessary. See Local Rule 105.6 (D.Md. 2010). For the reasons that follow, Defendant Ares Group’s Motion to Dismiss (ECF No. 4) is GRANTED in part and DENIED in part. Specifically, the Motion to Dismiss is GRANTED as to Counts I (sex discrimination) and III (age discrimination) with respect to Bailey’s claims of discriminatory enforcement of employment and disciplinary policies, and as to Count II (retaliation) and Count IV (disability discrimination). However, Ares Group’s Motion to Dismiss is DENIED as to Counts I and III with respect to Bailey’s failure to promote claims.

BACKGROUND

This Court reviews the facts relating to this claim in the light most favorable to the plaintiff. See, e.g., Ibarra v. United States, 120 F.3d 472, 474 (4th Cir.1997).

In 1998, Plaintiff DeVera Bailey was employed by Wackenhunt Security Services (“Wackenhunt”) and worked as a guard at the Social Security Administration in Woodlawn, Maryland. At some point that year, Bailey filed a Charge of Discrimination (“1998 Charge”) with the Equal Employment Opportunity Commission (“EEOC”) against Wackenhunt based upon perceived sexual harassment. On May 25, 1999, Bailey filed a cause of action in this Court relating to her 1998 Charge against Wackenhunt and an individual named Sheon Dredden. Bailey v. Wackenhunt Security, Inc., Civ. No. 99-cv-1481 (D.Md.1999). In 2000, that lawsuit settled.

At the time Bailey filed her 1998 Charge, Wackenhunt employed Stanley Jones, Jr. (“Jones”) as a Contract Administrator. In this position, Jones was responsible for ensuring that Wackenhunt fulfilled its contractual obligations to provide guard services for the G.H. Fallon Building (“the Fallon Building”), in Baltimore, Maryland. Bailey alleges that Jones was involved in some manner with her 1998 Charge against Wackenhunt, and assisted in its resolution. Notably, there is no allegation that Jones worked at the Social Security Administration. Bailey also does not claim that Jones had supervisory authority over her at any point during her employment with Wackenhunt.

In August 2002, Bailey began working as a security guard at the Fallon Building. Bailey appears to have primarily worked [352]*352at the duty station inside the Fallon Building’s garage. In July 2006, Defendant Ares Group, Inc. was awarded a contract with the federal government to supply security services for that building. By 2006, Bailey had been working at the Fallon Building for close to four years, and Ares Group hired Bailey, keeping her on as a security guard. At the time that Bailey became an employee of Ares Group, Jones had become Ares Group’s Vice President of Operations. Though Bailey does not provide context for her allegation, Bailey appears to allege that at some point during his employment with Ares Group, “Mr. Jones, Jr. has stated that he does not believe that women should be in management positions.” Compl. ¶ 10.1

Ares Group security guards are required to wear uniforms while on duty. These uniforms include a hat, which Bailey alleges must be worn outside, but is not required to be worn inside the building. Bailey claims that in December 2006, her supervisor, Captain Brown (“Brown”), began harassing by telling her she had to wear her uniform hat while she worked in the Fallon Building’s garage. Bailey contends that she was the only Ares Group employee who was told to wear her hat at that post, and that “when Captain Brown was asked about the disparate treatment toward Plaintiff, he responded that Stanley Jones, Jr. insisted that Plaintiff wear her hat at her station.” Compl. ¶ 16. Bailey apparently made it known that she felt this was discriminatory harassment and that she planned to contact the EEOC if this conduct continued. After that point, however, “Brown stopped harassing Plaintiff about wearing her hat inside.” Id.

In May 2007, Brown offered Bailey a Lead Officer position, which she considered a promotion, and which she accepted. Bailey was told that she would take over the duties of the current Lead Officer, Corporal Foreman (“Foreman”), who would step down from the position in a few weeks. In preparation for the changeover, Bailey trained with Foreman. However, on May 15, 2007, Brown subsequently offered the position to Officer Mark Heath (“Heath”) instead. As a result, Heath became the Lead Officer, and Bailey’s responsibilities as a security guard in the Fallon Building’s garage remained the same.

On July 3, 2007, Brown offered Bailey a second promotion to the position of Captain. On July 6, 2007, Bailey formally accepted this position and spoke with the current Captain about the duties of the position, and the sites for which she would be responsible. On July 9, 2007, Bailey meet with a project manager, Robert Henry (“Henry”), to discuss her new duties and salary. Henry told Bailey that he had to send her file to Jones, as Jones would complete the paperwork for her new position. On July 24, 2007, Brown informed Bailey that instead of giving her the Captain position, Ares group decided to combine Heath’s duties as lead Officer with the duties of the Captain position. When Bailey asked Brown why her alleged promotion was being rescinded for a second time, “he responded that Stanley Jones, Jr. felt that Plaintiff did not have enough experience to be a Captain.” Compl. ¶ 33. Bailey contends that she has fifteen years of experience in the security industry, whereas Heath as just three years of experience.

On August 29, 2007, Ares Group transferred Bailey from her post in the garage to the Fallon Building’s child care center. Bailey considered this transfer to be a “de facto demotion.” Compl. ¶ 37. At some [353]*353point soon thereafter, though, Bailey was reassigned to her former post in the garage after several federal employees who worked in the Fallon Building allegedly wrote letters to Ares protesting Bailey’s transfer.

On October 3, 2007, a commercial truck attempted to enter the Fallon Building’s garage at a different post than the one where Bailey worked. The truck scraped a pipe on the ceiling of the garage upon its entrance, and Bailey assisted with the resulting problems in the garage. Bailey alleges that an officer on duty at the affected post, Officer Hill (“Hill”), was instructed to complete a report about the incident. When Hill explained that he had been at lunch during the accident, he was told to instruct Bailey to complete the incident report. Bailey claims she was never told to complete a report. On October 4, 2007, Brown asked Bailey why she had not completed an incident report as instructed.

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803 F. Supp. 2d 349, 2011 WL 1135879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-ares-group-inc-mdd-2011.