Fordyce v. Prince George's County Maryland

43 F. Supp. 3d 537, 2014 U.S. Dist. LEXIS 117967, 124 Fair Empl. Prac. Cas. (BNA) 387, 2014 WL 4244331
CourtDistrict Court, D. Maryland
DecidedAugust 25, 2014
DocketCivil Action No. DKC 13-0741
StatusPublished
Cited by27 cases

This text of 43 F. Supp. 3d 537 (Fordyce v. Prince George's County Maryland) 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
Fordyce v. Prince George's County Maryland, 43 F. Supp. 3d 537, 2014 U.S. Dist. LEXIS 117967, 124 Fair Empl. Prac. Cas. (BNA) 387, 2014 WL 4244331 (D. Md. 2014).

Opinion

MEMORANDUM OPINION

DEBORAH K. CHASANOW, District Judge.

Presently pending and ready for resolution in this employment discrimination case is the motion for summary judgment filed by Defendant Prince George’s County, Maryland (ECF No. 12). The issues have been . fully briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, Defendant’s motion for summary judgment will be granted in part and denied in part.

I. Background1

This case involves a number of employment discrimination claims, including retaliation and hostile work environment, brought by Plaintiff Jill Fordyce (“Plaintiff’ or “Ms. Fordyce”) against her employer, the Prince George’s County Police Department (“County Police Department”). Ms. Fordyce is employed as an Administrative Assistant and has worked with the County Police Department since 2005.

A. Plaintiffs Previous Discrimination and Retaliation Claims

In 2007, Ms. Fordyce, an African-American woman, who at that time held the title of Administrative Assistant II, applied for and was denied a promotion to an Administrative Assistant III position. In October 2007, she complained to Police Chief Melvin High and the Police Department’s EEO coordinator that she was experiencing discrimination based on race, sex, and national origin. On December 5, 2007, Ms. Fordyce filed a discrimination claim against the County Police Department through the U.S. Equal Employment Opportunity Commission (“EEOC”). On December 10, 2007, the County Police Department suspended Ms. Fordyce’s supervisory duties. On February 6, 2008, Ms. Fordyce then filed a second EEOC complaint alleging retaliation. Two days later, she was informed by the County Police Department’s Internal Affairs Division that she was under investigation for'criminal misconduct and theft, allegations that [542]*542the County Police Department received through an anonymous letter. (ECF No. 1-3 ¶ 23).

About one year later, on March 10, 2009, Ms. Fordyce and the County Police Department reached a settlement through the EEOC. As part of the settlement, Ms. Fordyce was promoted to the position of Administrative Assistant III, given the title of Uniform Crime Reporting Director, and received a fifteen percent pay increase.

B. Plaintiffs Current Retaliation and Hostile Work Environment Claims

In April 2010, Police Chief Roberto Hyl-ton transferred Ms. Fordyce from the Records Management Division to the Police Department’s Homeland Security Division Fusion Center. Ms. Fordyce was supposed to report to Lieutenant Devore, a member of Fusion Center management, and supervise Sergeant Hughes.

Ms. Fordyce alleges that prior to her arrival at the Fusion Center, management incited the staff against her by advising them that they should avoid her because she had filed prior EEOC complaints and was a “troublemaker.” (ECF No. 13, at 3). She learned this from her coworker, Corporal Tanya Brooks (“Cpl. Brooks”). (ECF No. 13-1, at 2). Ms. Fordyce alleges that upon her arrival at the Fusion Center the staff and Lieutenant Devore refused to speak to her. (ECF No. 13-5, at 3). She also contends that she was not given a job title or job description in her new role, staff meetings were scheduled for days when she was out of the office, the staff was not informed that she was in their chain of command, and Sergeant Hughes continued reporting to Lieutenant Devore rather than to her. (let).

On June 30, 2010, Ms. Fordyce was allegedly involved in an incident with Cpl. Brooks, a police officer whom Ms. Fordyce supervised. Cpl. Brooks emailed Chief Hylton on July 2, 2010, stating that while she was assisting another coworker, Ms. Quanetta West, Ms. Fordyce stepped in between her and Ms. West and advised her to return to her desk and finish her work. Cpl. Brooks noted that she ignored Ms. Fordyce and continued talking with Ms. West. Cpl. Brooks reported that “Ms. Fordyce then grabbed [her] by the arm and tried to force [her] to [her] desk.” (ECF No. 13, at 3-4).

On July 1-2, 2010, Fusion Center management learned of the incident and began to investigate the matter. (ECF No. 13-7, at 6-7). At a meeting held on July 12, 2010, Lieutenant Devore informed Cpl. Brooks that the matter with Ms. Fordyce could be handled in several ways: an EEOC complaint, an internal investigation with possible criminal charges, or through mediation. (ECF No. 13-7, at 7). Cpl. Brooks chose to pursue an internal investigation with possible criminal charges. Chief Hylton interrupted this meeting, and after learning of Lieutenant Devore’s plan to pursue an internal investigation against Ms. Fordyce, insisted that the matter be handled through mediation. Chief Hylton then conducted a mediation between Cpl. Brooks and Ms. Fordyce. Cpl. Brooks initially accused Ms. Fordyce of grabbing and pushing her, which Ms. Fordyce denied. By the end of the mediation, “[Cpl.] Brooks agreed that it was only a touch, however she [had] felt ‘disrespected’ by [Ms. Fordyce].” (ECF No. 13-7, at 6).

After hearing statements from Cpl. Brooks and Ms. Fordyce, Chief Hylton spoke privately with Cpl. Brooks. Cpl. Brooks informed him that she did not want' to continue the mediation and instead wanted to continue the investigation. Chief Hylton told Cpl. Brooks to “let it go” and then told Cpl. Brooks, Ms. Fordyce, [543]*543and Fusion Center management (including Lieutenant Devore) that the “matter was closed.” (ECF No. 13-7, at 7-8).

On July 15, 2010, Plaintiff was subjected to a disciplinary action by Lieutenant De-vore regarding her confrontation with Cpl. Brooks and received written counseling from him, instructing her “not to enter the Fusion Center or have any direct integration with any of its staff.” (ECF No. 1-3 ¶ 43). In addition, on July 19, 2010, a formal investigation against Plaintiff was initiated and Lieutenant Meredith Bingley (“Lt. Bingley”) was assigned as the investigator. (ECF No. 13-7, at 6).

On July 30, 2010, Plaintiff filed a complaint with the County Police Department’s EEO coordinator alleging retaliation and hostile work environment. (ECF No. 13-5). She met with the EEO Coordinator on August 3, 2010,2 to discuss her complaint. The next day, Deputy Chief Magaw, who oversaw the Homeland Security Division, transferred Plaintiff to the Telephone Reporting Unit (“TRU”). Plaintiff alleges that at the time of her transfer the TRU had been non-operational since 2008. She also contends that her new office was in a “storage room containing broken furniture and equipment” and that she did not have a land-line telephone, desktop computer, or any staff to supervise. (ECF No. 13, at 4-5). The TRU became operational again in February 2011, but Plaintiff contends that from August 2010 until that time she had “nothing to do, no place to work, and no staff to supervise.” (Id. at 5). On October 1, 2010, Plaintiff filed another EEO complaint. (Id.)3

Lt. Bingley, who was assigned to investigate the incident between Cpl. Brooks and Ms. Fordyce, interviewed “all pertinent Witnesses” between July 20, 2010 and August 24, 2010. (ECF No. 13-7, at 8). Ms. Fordyce, however, was not interviewed until December 22, 2010. (Id. at 8-9). Assistant State’s Attorney, Joeday Newsom, screened the case, on September 17, 2010. (ECF No. 13-7, at 8). On December 13, 2010, he issued a letter to Lt.

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43 F. Supp. 3d 537, 2014 U.S. Dist. LEXIS 117967, 124 Fair Empl. Prac. Cas. (BNA) 387, 2014 WL 4244331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fordyce-v-prince-georges-county-maryland-mdd-2014.