Bilal-Edwards v. United Planning Organization

15 F. Supp. 3d 1, 2013 U.S. Dist. LEXIS 185377, 2013 WL 7389440
CourtDistrict Court, District of Columbia
DecidedFebruary 21, 2013
DocketCivil Action No. 11-2220 (RBW)
StatusPublished
Cited by9 cases

This text of 15 F. Supp. 3d 1 (Bilal-Edwards v. United Planning Organization) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bilal-Edwards v. United Planning Organization, 15 F. Supp. 3d 1, 2013 U.S. Dist. LEXIS 185377, 2013 WL 7389440 (D.D.C. 2013).

Opinion

MEMORANDUM OPINION

REGGIE B. WALTON, United States District Judge

The plaintiff in this civil case, Salim Bilal-Edwards, filed a six-count complaint against the defendants, the United Planning Organization (“UPO”) and two individuals, De Angelo Rorie and Andrea Thomas, alleging claims of wrongful termination, negligence, extreme and outrageous conduct, hostile work environment, and retaliation under the Whistleblower Protection Act, 5 U.S.C. § 2302(b) (2006), and violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621-634 (2006). The Court dismissed all the claims except for the plaintiffs ADEA claim in prior rulings. See Bilal-Edwards v. United Planning Org., 896 F.Supp.2d 88, 93-98 (D.D.C.2012) (dismissing the plaintiffs claims of wrongful termination, negligence, extreme and outrageous conduct, and hostile work environment); ECF No. 58 (dismissing the plaintiffs Whistleblower Protection Act claim). Currently before the Court are the parties’ cross motions for summary judgment on the plaintiffs remaining age discrimination claim. See generally Plaintiffs Motion for Summary Judgment (“PL’s Mot.”);1 Defendants’ Motion for Partial Summary Judgment (“Defs.’ Mot.”). The plaintiff also seeks leave to amend his complaint. See generally Motion to Amend Complaint (“Pl.’s Amend Mot.”). Upon careful consideration of the parties’ submissions,2 the [6]*6Court concludes that the defendants’ motion for summary judgment must be granted, and the plaintiffs motions for summary judgment and to amend his complaint must be denied.

I. BACKGROUND

The following facts are undisputed. 3 The UPO “is the Community Action Agency for the District of Columbia,” and “is a 501(c)(3) tax exempt organization.” Defs.’ Facts ¶ 1. “During [the] [p]laintiff s period of employment at [the] UPO, it was comprised of’ various programs and divisions, including the Youth Services Division (“Division”). Id. The “UPO receives a variety of grants and contracts from the federal government and the District of Columbia government,” some of which support the activities of the Division. Id. 2; see also id. ¶¶ 3-4. Among the grants and contracts was “a grant from the U.S. Dream Academy to help fund the programs at the [UPO’s] James Creek location.” Id. ¶2. The “UPO also receives some private funding,” including funding for the Division’s Beaver Scholarship program. Id. ¶ 4.

Defendant Andrea Thomas “was hired as the first Director of the” Division at the UPO in 2007. Id. ¶ 5. The Division expanded in 2009, and the “UPO hired an Assistant Director.” Id. Thomas “and then Chief Operating Officer ..., Gladys Mack, recommended [that the] [p]laintiff be hired as the Assistant Director,” id. (citing Defs.’ Facts, Exhibit (“Ex.”) A (Declaration of Andrea Thomas (“Thomas Deck”)) ¶ 7), and the “[p]laintiff commenced his employment with [the] UPO on March 23, 2009, as the Assistant Director of the” Division, id. ¶ 6 (citing [7]*7Defs.’ Facts, Exs. C (New Hire Request Form dated March 23, 2009), D (March 13, 2009 Employment Offer Letter (“Offer Letter”))). The plaintiff “was an at-will, salaried, exempt employee,” id. (citing Defs.’ Facts, Ex. D (Offer Letter)), and he was initially supervised by Thomas, id. 6. The plaintiffs duties at the UPO included “assisting the [Division] Director in the daily administration of [Division projects as directed and assigned, and to work with other [Division] staff to ensure coordinated efforts.” Id. (citing Defs.’ Facts, Ex. E (Youth Services Division Assistant Director Job Description (“Job Description”)). In particular, the “[p]laintiff was assigned the responsibility of overseeing and implementing the [Division’s] program at James Creek,” which is a “community in southwest Washington, D.C.” Id. ¶ 11.

“In or about October 2009, some of the [Division] staff moved into [a] recently renovated space commonly referred to within [the] UPO as the Alabama Avenue facility or just ‘Alabama Avenue.’ ” Id. ¶ 43. Other staff from the Division also moved to the Alabama Avenue facility “later in late 2009 or early 2010.” Id. Division employees “whose desks were adjacent to a rest room area, noticed a periodic strong odor,” and “complained about the odor.” Id. “Of the five [Division] staff located in the part of the building where the odor was strongest, only [the] [p]laintiff’ and another employee were over 40. Id. ¶ 44. The UPO “undertook efforts directly and through the building management company to try to determine the source of the odor and remediate it” after receiving a written complaint from an employee who was under the age of 40. Id.

On October 1, 2009, Thomas became the UPO’s Chief of Staff. Id. ¶ 7. She “continued to also serve as the Director” of the Division “until the new Director was hired and began service.” Id. The “UPO hired De Angelo Rorie, the other individual defendant, as the new Director of the [Division] on November 9, 2009.” Id. ¶ 10. Rorie then became the plaintiffs immediate supervisor. Id.

Around the same time that Rorie commenced his employment with the UPO, the Division also selected Tina Dawson as “a part-time Youth Services Worker to operate the youth programs at James Creek.” Id. ¶ 12. After Dawson was notified “that she had been selected for the ... position,” the UPO began a required “pre-employment screening including drug testing, and ... criminal background checks and the [District of Columbia] Child Protection Register check.” Id. While the screening was ongoing, the “UPO considered other staffing options to move the implementation of youth services at James Creek forward.” Id. ¶ 13.

Initially, “Rorie spoke with Jemeka Brown, a [Division] Case Manager for the Providing Opportunities with Educational Readiness Program known as ‘P.O.W.E.R.’, about changing positions in the [Division].” Id. ¶ 14. Rorie wanted Brown “to consider changing from her Case Manager position with the P.O.W.E.R. program, to the Youth Services Worker position at James Creek,” which “would have entailed a formal change in positions, responsibilities, and hours.” Id. Brown “was not interested in changing positions,” because “she was a graduate student at Howard University and also had an internship, and the scheduled hours for James Creek would have conflicted.” Id. “As a result of those obligations, she informed [ ] Rorie that she was not available for the times needed to staff James Creek and that she would resign if he directed her to take the James Creek assignment.” Id. (citing Defs.’ Facts, Ex. K (Declaration of Jemeka Brown (“Brown Deck”)) ¶¶ 4, 6-7).

[8]*8“[I]n late 2009 or early 2010, [] Rorie spoke with DeVita Lanham, another [Division] Case Manager, about changing positions in the [Division].” Id. ¶ 15. He explained to Lanham “that ongoing funding for her position” was “questionable” because of grant uncertainties. Id. Rorie asked “if she was interested in changing jobs from her full-time Case Manager position to the part-time Youth Services Worker position at James Creek.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
15 F. Supp. 3d 1, 2013 U.S. Dist. LEXIS 185377, 2013 WL 7389440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bilal-edwards-v-united-planning-organization-dcd-2013.