Dorns v. Geithner

692 F. Supp. 2d 119, 2010 U.S. Dist. LEXIS 23269, 2010 WL 882649
CourtDistrict Court, District of Columbia
DecidedMarch 12, 2010
DocketCivil Action 06-1805 (RBW)
StatusPublished
Cited by63 cases

This text of 692 F. Supp. 2d 119 (Dorns v. Geithner) 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
Dorns v. Geithner, 692 F. Supp. 2d 119, 2010 U.S. Dist. LEXIS 23269, 2010 WL 882649 (D.D.C. 2010).

Opinion

MEMORANDUM OPINION

REGGIE B. WALTON, District Judge.

Plaintiff Sherri Dorns brings this action against Timothy Geithner, in his official capacity as Secretary of the Treasury, 1 under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e-2000e-17 (2006), asserting claims of discrimination, retaliation, and hostile work environment. 2 Currently before the Court is the defendant’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. After carefully considering all of the party’s pleadings, the defendant’s motion, the plaintiffs opposition, and all memoranda of law and exhibits submitted with these filings, 3 and for the *125 reasons set forth below, the Court concludes that it must grant the defendant’s motion.

I. BACKGROUND

Viewing the facts in the light most favorable to the plaintiff, as the Court must, the facts of the case are as follows.

The plaintiff is a black female who “has been employed as a Program Analyst[ ][at] the Bureau of Engraving and Printing ..., first in the Office of Procurement, and then in the Product Development Center.” Compl. ¶ 9. “[I]n 1997, the [pjlaintiff filed ... [her] first ... formal eomplaint[ ]” with the defendant’s Office of Equal Employment Opportunity and Diversity, which was subsequently settled. Id. ¶ 8. She initiated contact with an Equal Employment Opportunity (“EEO”) Counselor about the current claims on August 28, 2002, Def.’s Stmt, of Facts ¶ 23; Pl.’s Stmt, of Facts, Response to Defendant’s Statement of Facts (“Resp. to Def.’s Stmt, of Facts”) 4 ¶ 23, and filed her second formal administrative complaint on October 9, 2002, Compl. ¶ 8, amending this second complaint several times to include new allegations, Def.’s Stmt, of Facts ¶ 23; PL’s Stmt, of Facts, Resp. to Def.’s Stmt, of Facts ¶ 23. “[A] final agency decision was issued [on the plaintiffs second complaint] on July 17, 2006.” Compl. ¶ 8. Although the defendant initially “admitted] that [the p]laintiff ha[d] exhausted her administrative remedies,” Answer ¶ 8, this Court subsequently issued an Order on February 19, 2010, granting the defendant’s Motion to Amend Answer, thereby allowing the defendant to deny the plaintiffs statement that she had exhausted her administrative remedies, February 19, 2010 Order at 4.

The events leading up to the filing of the second administrative complaint commenced “[o]n February 15, 2001, [when the p]laintiff, who was expecting with her second ehild[,] ... submitted to her supervisors a five-month request to telecommute[,]” during which she proposed working twenty hour per week. Compl. ¶ 11. Four days later, “[o]n February 19, ... [the p]laintiffs supervisor, Ted Strahan[,] asked [the p]laintiff to submit a list of proposed projects” appropriate for “a telecommuting arrangement,” which the plaintiff provided. Id. ¶ 12. The plaintiff “selected projects based upon [the] recommendation[s] of the project managers ... to ensure that the project(s) selected would provide identifiable benefits to the Bureau.” Id. “[The Bureau of Engraving and Printing] had in place a telecommuting policy,” PL’s Stmt, of Facts, PL’s Add’l *126 Facts ¶ 3, which instructed that the immediate supervisor, followed by the Office Chief, Associate Director, and Associate Director for Management all “review, consider, and if appropriate concur with the requests initiated by the subordinate supervisor,” Pl.’s Stmt, of Facts, PL’s Add’l Facts ¶¶ 7-9, but the “request is not sent forward to the next step if it is denied,” id. ¶ 16. The procedure followed concerning the plaintiffs request to telecommute did not conform completely to the procedure outlined in the telecommuting policy manual. Id. ¶¶ 3-21. Mr. Strahan first communicated the denial of the telecommuting request on March 19, stating that he “felt that the proposed projects would not justify the number of hours [the pjlaintiff was requesting to work from home.” Compl. ¶ 13. The plaintiff asked for a review of this decision, id., and apparently submitted “a second request to telecommute [that] detailed which projects she would complete while working from home,” Def.’s Stmt, of Facts ¶ 7, and “[o]n April 13, 2001 ... received [an e-mail at home during her maternity leave in which] upper management again denied [the plaintiffs request on the grounds that the Office of Administrative Services should perform the work” the plaintiff suggested for telecommuting. 5 Compl. ¶ 14. The defendant asserts that Carla Bangs (formerly Carla Kidwell), the Associate Director, denied this request, Def.’s Stmt, of Facts ¶ 8, but the plaintiff counters that Ms. Bangs nevertheless passed the request on to Joel Taub, the Associate Director for Management, at the next level up, who ultimately denied it, PL’s Stmt, of Facts, Resp. to Def.’s Stmt, of Facts ¶ 8. Regardless of the exact procedure the Bureau of Engraving and Printing used, the end result was that the plaintiffs request to telecommute was denied, Def.’s Stmt, of Facts ¶ 6; PL’s Stmt, of Facts, Resp. to Def.’s Stmt, of Facts ¶ 6, even though the defendant did not follow internal procedure precisely, see Def.’s Resp. to PL’s Stmt, of Facts ¶ 20 (admitting that when a first line supervisor did not approve of a telecommuting request, the request should not have moved on to the next supervisor).

The plaintiff alleges that “[t]he reasons given by management for denying [her] request were mere pretext because [the Bureau of Engraving and Printing] has allowed similarly-situated employees, not in employees race, to [tele]commute.” Compl. ¶ 14; see also id. ¶ 16. However, the “[defendant denies that the [Bureau of Engraving and Printing] approved the telecommuting requests of white females within [the plaintiffs] directorate and with her supervisor.” Answer ¶ 16. As further evidence of the Bureau’s inconsistency, the plaintiff notes that one of the projects that the plaintiff had requested as a basis for telecommuting was ultimately assigned to someone in the plaintiffs office in July, 2002. Compl. ¶ 15.

The second action about which the plaintiff complains concerns the alteration of her duties. “When [the p]laintiff first joined the Securities Technology Institute ... from the Office of Procurement, she was ... responsible for ... developing procurement strategies, generating new procurement alternatives, formulating, presenting[,] and justifying proposals, and coordinating studies performed by other internal components or contractors relating to U.S. currency printed by” the Bu *127 reau of Engraving and Printing. Id. ¶ 17.

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Bluebook (online)
692 F. Supp. 2d 119, 2010 U.S. Dist. LEXIS 23269, 2010 WL 882649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorns-v-geithner-dcd-2010.