Forkwa v. Symbral Found. for Cmty. Servs., Inc.

297 F. Supp. 3d 90
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 12, 2018
DocketCivil Case No. 15–1952–RMC
StatusPublished

This text of 297 F. Supp. 3d 90 (Forkwa v. Symbral Found. for Cmty. Servs., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Forkwa v. Symbral Found. for Cmty. Servs., Inc., 297 F. Supp. 3d 90 (D.C. Cir. 2018).

Opinion

ROSEMARY M. COLLYER, United States District Judge

Patrick Forkwa worked as an aide at a longterm care facility operated by the Symbral Foundation for Community Services, Inc., where he alleges that he suffered discrimination due to his sex and was retaliated against after he complained. After full discovery, Symbral moves for summary judgment in its favor, which the Court will grant for the reasons stated below.

I. FACTS

The facts in this matter originate from multiple sources. First, of course, is the Complaint, which was drafted by Mr. Forkwa with the advice of unidentified counsel.1 Second, the Court reviews the discovery material and exhibits submitted by the parties through their respective motions, which include affidavits and Mr. Forkwa's own deposition testimony.2 The Court notes that, in its motion, Symbral rests on a defense of law and not disputes of fact.3

Mr. Forkwa, a native of Cameroon, came to the United States in 2005. Forkwa Dep. at 38:15-18. He began to work for Symbral in 2008. Forkwa Decl. [

*94Dkt. 18-1] ¶ 2. Symbral provides housing and daily assistance to persons with significant mental disabilities, providing care in a number of different residences throughout the greater D.C. area. Def.'s Statement of Undisputed Facts (Def.'s SOF) [Dkt. 17-1] ¶ 1. Mr. Forkwa worked as a Relief Counselor, providing assistance, doing light housekeeping, making meals, and serving as a companion to Symbral's residents. Forkwa Decl. ¶ 2.

In 2011, Mr. Forkwa worked in Symbral's "Benjee House" which housed two residents. Def.'s SOF ¶ 4. Mr. Forkwa was supervised there by House Manager Henry Glay, his immediate supervisor, and by Kendel Larose Paul,4 Resident Manager, who was Mr. Forkwa's second-line supervisor. Larose Aff. [Dkt. 24-1] ¶ 2. Leon Mohammed was Symbral's Chief Operating Officer and, in 2011, acting Personnel Director. Mohammad Decl. [Dkt. 24] ¶ 2. Mr. Forkwa understood that Mr. Mohammed was the ranking official. Forkwa Decl. ¶ 3. Mr. Forkwa also worked as a part-time substitute teacher, on an on-call basis, with Montgomery County Public Schools (MCPS). Def.'s SOF ¶ 5; Forkwa Dep. 68:14-69:1.

A. Events of May-June 2011

On May 26, 2011, Mr. Forkwa was scheduled to work his normal shift between 4:00 and 11:00 P.M. at Benjee House. Def.'s SOF ¶ 6. His coworker, Bih Mbanwi, was scheduled to relieve him at 11:00 p.m. Id. During the evening shift change, Ms. Mbanwi could not locate her own key to the Benjee House medicine cabinet, and Ms. Mbanwi and Mr. Forkwa argued over whether Mr. Forkwa was obligated to give Ms. Mbanwi his key. Id. ¶ 7. After that argument occurred-which is not disputed-the chain of events becomes murky; it appears that Mr. Forkwa may have initially refused to give Ms. Mbanwi his key, but relented after talking with Mr. Glay by phone. Forkwa Dep. 87:13-88:12. However, at that point Ms. Mbanwi refused to accept his key. See Def.'s SOF ¶ 10. Based on Mr. Forkwa's deposition testimony and the documentation submitted by the parties, apparently Mr. Forkwa left Benjee House without giving Ms. Mbanwi his key, although after having offered it to her. See Forkwa Dep. 88:12-89:10; Mbanwi Disciplinary Notice [Dkt. 17-5].

A few hours later, in the early morning hours of May 27, 2011, one of the residents living in Benjee House, A.M., passed away. Def.'s SOF ¶ 11. Mr. Glay placed both Mr. Forkwa and Ms. Mbanwi, who had been the last caregivers to A.M., on administrative leave without pay (LWOP) while Symbral investigated his death. See Larose Decl. ¶ 6; Glay Decl. [Dkt. 17-6] ¶ 4.

On June 6, 2011, Mr. Larose met with Ms. Mbanwi and provisionally reinstated her to work, warning her that she could still be discharged after investigation. Larose Decl. ¶ 8. On June 22, Mr. Larose met with Ms. Mbanwi again and terminated her employment. Id. ¶ 8. A few days later, Ms. Mbanwi met with Mr. Mohammad, to whom she had appealed her discharge. Mr. Mohammad reinstated Ms. Mbanwi, although Mr. Larose did not learn of this for several weeks. Id. ¶ 9; Mohammad Decl. ¶ 4.

Mr. Forkwa was not provisionally reinstated in the same manner as Ms. Mbanwi; he remained on unpaid administrative leave from May 27, 2011 until his full reinstatement on June 22, 2011. Forkwa Decl. ¶ 5. Symbral states that this timing was due to scheduling conflicts between Messrs. Gray, Larose and Forkwa. Records from Montgomery County schools *95show that Mr. Forkwa worked as a substitute teacher, often for an entire school day, until June 11, 2011. See Def.'s SOF ¶ 19. No records indicate what efforts Symbral undertook to meet with Mr. Forkwa prior to June 22. Id. ¶ 9.

At an unspecified time during this period, Mr. Forkwa contacted Mr. Glay to complain that he remained on LWOP while female staff were working. Forkwa Dep. at 117:3-13. Mr. Forkwa alleges that he complained to Mr. Glay that he was being discriminated against, to which Mr. Glay allegedly responded that Mr. Glay "sympathizes with women." Id. at 90:1-9.5 Mr. Glay also told Mr. Forkwa during this period, possibly during the same conversation, that he "sympathize[d] with [Mr. Forkwa]" due to the death of A.M., for whom Mr. Forkwa had cared. Id. at 113:21-114:5. Ultimately, Mr. Forkwa alleges that he complained to Mr. Glay, Mr. Larose, and Mr. Mohammad of sex discrimination because he remained on LWOP. See Forkwa Decl. ¶ 4. On June 22, Mr. Glay met with Mr. Forkwa and gave him a disciplinary action notice that turned his period of LWOP into a disciplinary suspension. Def.'s SOF ¶ 22. The notice said that Mr. Forkwa was being suspended for the period between May 27 and June 22, 2011 for "declin[ing] to follow manager instruction;" "fail[ing] to communicate" and several other infractions. Forkwa 6/22/2011 Disciplinary Notice [Dkt. 17-5]. Mr. Forkwa returned to work immediately.

Mr. Forkwa was also given a disciplinary notice in July 2011 for failure to turn in his time cards on time. Forkwa 7/12/2011 Disciplinary Notice [Dkt. 18-4]. He did not identify this discipline as either discriminatory or retaliatory until his opposition brief, see Pl.'s Opp'n [Dkt. 18] (Opp'n) ¶ 6, which is too late to be considered. See Williams v. Spencer , 883 F.Supp.2d 165, 181 n.8 (D.D.C. 2012) ("Where the ... complaint does not make a claim, plaintiff cannot add a new claim through an opposition brief.").

B. Events of October 2011

On October 27 in the same year, Symbral conducted a mandatory training session for its counselors at the Shepherd Library starting at 10:00 A.M. Compl. ¶ 11. Afterwards, a controversy ensued as to whether Mr. Forkwa had left this training early without leave or was released. Mr. Forkwa swears that he only left after Mr. Larose announced that individuals with medication licenses, which he possessed, could leave. Forkwa Decl. ¶ 9. Mr. Forkwa submits the Declaration of Kalin-Samlan Commelle, who attests that those with medication licenses were released about noon. See Commelle Decl. [Dkt. 18-6] ¶ 3. At one point during the training, perhaps after a break, Mr.

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297 F. Supp. 3d 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forkwa-v-symbral-found-for-cmty-servs-inc-cadc-2018.