Burns v. Washington Metropolitan Area Transit Authority

918 F. Supp. 2d 35, 2013 WL 266463, 2013 U.S. Dist. LEXIS 9472
CourtDistrict Court, District of Columbia
DecidedJanuary 24, 2013
DocketCivil Action No. 2010-1686
StatusPublished
Cited by2 cases

This text of 918 F. Supp. 2d 35 (Burns v. Washington Metropolitan Area Transit Authority) 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
Burns v. Washington Metropolitan Area Transit Authority, 918 F. Supp. 2d 35, 2013 WL 266463, 2013 U.S. Dist. LEXIS 9472 (D.D.C. 2013).

Opinion

MEMORANDUM OPINION

Granting the Defendant’s Motion for Summary Judgment

RUDOLPH CONTRERAS, District Judge.

I. INTRODUCTION

The plaintiff is an African-American former employee of the Washington Metropolitan Area Transit Authority (“WMA-TA”). He alleges that the defendant retaliated against him, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, et seq., after he filed complaints claiming that WMATA’s selection process for promotions and other opportunities was biased against African-American males. 1 The defendant has moved for summary judgment under Federal Rule of Civil Procedure 56. For the reasons discussed below, the court grants the defendant’s motion.

II. FACTUAL ALLEGATIONS & PROCEDURAL BACKGROUND

The plaintiff was hired as a Transit Police officer by WMATA’s Metro Transit Police Department (“MTPD”) in 1986. Def.’s Stmt, of Material Facts (“Def’s Stmt.”) ¶ 1. He was promoted to the position of lieutenant in June of 2004. Id. ¶ 2. In May of 2008, the plaintiff participated in the process to be promoted to captain. Id. ¶ 3. He was placed third on the eligibility list for promotion to captain, and was not promoted. PL’s Stmt, of Material Facts (“PL’s Stmt.”) ¶ 10; Def.’s Stmt., Ex. 6; Am. Compl. ¶ 17.

The plaintiff claims that on May 13, 2008, and again on June 9, 2008, he filed complaints with the WMATA Office of Civil Rights (“OCR”), alleging that the defendant’s “selection process for promotional and educational opportunities” was biased against African-American males. 2 Am. Compl. ¶ 12. In January of 2009, Sergeant Monica Hockaday, a female officer who the plaintiff supervised, filed a complaint of sexual harassment against the plaintiff with the WMATA OCR. Def.’s Stmt. ¶ 14. The WMATA OCR subsequently conducted an investigation, id. ¶ 15, and on April 24, 2009, sent the plaintiff a letter stating that there was “evidence that [he had] made inappropriate and suggestive com *38 ments to some of [his] female employees [that did] not rise to the level of a violation of WMATA’s Sexual Harassment policy.” Def.’s Stmt., Ex. 17 at 1. The letter further stated that the WMATA OCR had made a “no probable cause finding of discrimination.” Id. at 3. But the WMATA OCR also recommended to Chief Taborn that because the plaintiff had made inappropriate and suggestive comments to MTPD employees, he should be issued a letter of warning. Def.’s Stmt., Ex. 18.

As a result, on May 4, 2009, Chief Michael Taborn sent the plaintiff a “Notice of Discipline,” which indicated that his “actions [had been] inappropriate” and “inconsistent with the expected standards of a Metro Transit Police supervisor.” Def.’s Stmt., Ex. 4. The notice also stated that the plaintiffs “conduct ha[d] brought discredit” to the MTPD, and that he did not “enjoy [Chief Taborn’s] confidence to be a senior leader of [the] organization.” Id. The plaintiff was thereafter removed from the current eligibility list for the rank of captain, id., but was informed that this would not impact his eligibility to be on the 2010 list. Def.’s Stmt., Ex. 8 at 1.

The plaintiff claims that on June 17, 2009, he filed a complaint against Chief Taborn with the WMATA OCR, alleging retaliation. Am. Compl. ¶ 31. 3 In August of 2009, then-Captain Ronald Pavlik, the plaintiffs direct supervisor, evaluated the plaintiff for the year ending June 30, 2009, giving him an overall rating of “competent” on his performance evaluation. Def.’s Stmt. ¶ 18; id., Ex. 15 ¶ 14. Captain Pavlik’s superior officer, Deputy Chief Jeri Lee, reviewed the evaluation and asked Captain Pavlik to change the plaintiffs performance ratings in two to three sub-categories. 4 Def.’s Stmt., Ex. 15 ¶ 16.; Am. Compl. ¶ 38. These ratings were changed downward to “needs improvement.” Def.’s Stmt., Ex. 15 ¶ 16. After these changes were made, the plaintiffs overall rating for his performance evaluation was still that of “competent.” Def.’s Stmt. ¶ 18.

All candidates for promotion to captain participate in a competitive process. Def.’s Stmt. ¶ 4. They are evaluated based on a final grade, which is the combination of scores from a written exam, an oral interview, and an overall assessment. Def.’s Stmt., Ex. 15 ¶ 2; Pavlik Supplemental Affidavit (“Pavlik Suppl. Aff.”) [Dckt. # 22-1] ¶ 2. These factors constitute 100% of the final grade. Pavlik Suppl. Aff. ¶ 2.

In addition, the candidate’s combined prior two years of performance evaluations can contribute toward increasing that final grade. Id. During a performance evaluation, the candidate is evaluated in thirteen sub-categories. Def.’s Stmt. ¶¶ 4, 16. In each sub-category, the candidate is rated as “outstanding,” “exceeds expectations,” “meets expectations,” “competent,” or “needs improvement.” Id. Each rating is assigned a score, where “outstanding” receives a 4, “exceeds expectations” receives a 3, “meets expectations” or “competent” receive a 2, and a rating of “needs improvement” receives no value. Id. These numbers’ are totaled for each individual evaluation. Pavlik Suppl. Aff. ¶ 2. The *39 resulting two scores are then converted into respective percentages, added together, and multiplied by 10%. Id. This number then counts toward the final grade as “extra credit” points, to be applied toward the final grade — the two evaluations can provide a combined total of extra credit points that range from 0 to 10. Id. As a result, because the maximum potential final grade before adding these points is 100, adding these extra credit points to a perfect score can yield a maximum potential final grade ranging from 100 to 110 points. Id.

The plaintiff retired on March 1, 2010, and did not participate in the promotion process held in May of 2010. Def.’s Stmt., ¶¶ 21-22. In October of 2010, the defendant brought suit against the defendant alleging retaliation, in violation of Title VII. The plaintiff claims that the defendant altered his performance evaluation in retaliation for his filing complaints of racial discrimination, a protected activity. The defendant has filed a motion for summary judgment. The court now turns to the parties’ arguments and the applicable legal standards.

III. ANALYSIS

A. Legal Standard for a Rule 56 Motion for Summary Judgment

Summary judgment may be granted when “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a).

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Dudley v. Washington Metropolitan Area Transit Authority
924 F. Supp. 2d 141 (District of Columbia, 2013)

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918 F. Supp. 2d 35, 2013 WL 266463, 2013 U.S. Dist. LEXIS 9472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-washington-metropolitan-area-transit-authority-dcd-2013.