Gray v. Foxx

637 F. App'x 603
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 18, 2015
DocketNo. 14-5306
StatusPublished
Cited by14 cases

This text of 637 F. App'x 603 (Gray v. Foxx) 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
Gray v. Foxx, 637 F. App'x 603 (D.C. Cir. 2015).

Opinion

JUDGMENT

PER CURIAM.

This appeal of a decision of the United States District Court for the District of Columbia was presented to the Court, and briefed and argued by counsel. The Court has accorded the issues full consideration and has determined that they do not warrant a published opinion. See D.C. Cm. R. 36(d). For the reasons stated below, it is

ORDERED and ADJUDGED that the District Court’s determination be affirmed.

It is clear that the District Court’s grant of summary judgment was proper. Summary judgment is appropriate when 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). “A movant is entitled to summary judgment when the evidence is such that a reasonable jury, drawing all reasonable inferences in the non-movant’s favor, could not return a verdict for the non-movant.” Walker v. Johnson, 798 F.3d 1085, 1091 (D.C.Cir.2015). “[T]he defendant need only identify the ways in which the plaintiff has failed to come forward with sufficient evidence to support a reasonable'jury to find in her favor on one or more essential elements of her claim.” Grimes v. District of Columbia, 794 F.3d 83, 93 (D.C.Cir.2015).

We begin with a summary of the relevant facts, taken in the light most favorable to Appellant, the non-movant below. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In April 1999, Rebecca Gray began working as a Human Factors Analyst for Innovative Solutions International providing support services to the Federal Aviation Administration (“FAA”). In 2001, she accepted a position providing similar services for the FAA with L-3 Communications Titan (“Titan”), a subcontractor for Hi-Tec, which was a contractor for the FAA. While working for Titan, Glen Hewitt of the FAA directed Gray’s day-to-day work and received her work product. Hewitt, in turn, reported to Dr. [605]*605Paul Krois, the Acting Program Director for the FAA’s Human Factors Group.

In July 2005, Gray applied for two positions with the FAA’s Human Factors Group. The initial evaluation of qualified candidates rated Gray a 10 — the highest score given. One other candidate, Michael Snow, also received a 10. Following a secondary evaluation, Gray’s total evaluation score was lowered to an 8 because of problems with “[personal relations,” “deadlines,” “multitasking,” and “effectiveness.” J.A. 161. This adjustment resulted in another four candidates receiving higher evaluation scores than Gray. Snow, the highest rated candidate, turned down the job offer, and Edmundo Sierra, a male in his early thirties, and Glen Gallaway, another male, were selected for the positions. Gray contends that she possessed over thirty years’ experience in the Human Factors field, including ten years operating her own business. Gray had also worked with the Human Factors Group for nearly seven years, while Sierra and Gallaway had worked with the Human Factors Group for four and three years, respectively. Sierra and Gallaway possessed master’s degrees, while Gray possessed only a bachelor’s degree. Around the time of Gray’s application, the Human Factors Group employed only one woman. According to Gray, women who worked with the Human Factors Group were subjected to poor treatment and were dissatisfied with the working environment. Additionally, during her time with the FAA, Hewitt yelled and screamed at Gray.

On December 6, 2005, Gray met with Joan Bauerlein, the FAA’s Director of Research Engineering and Krois’s supervisor, to complain about her experience with the Human Factors Group and suggest she was not being used to her full ability. Later, after learning that Sierra and Galla-way were hired for the positions she applied for, Gray asked Hewitt and Krois why she was not hired for the positions. According to Gray, they both claimed the position required an aircraft certification background, a qualification that did not appear in the vacancy notices and that Sierra and Gallaway did not possess. Additionally, Hewitt and Dino Piccione, another FAA supervisor, told her she could do “nothing” to improve her prospects of being hired in the future.

According to Gray, she filed an informal EEO complaint on January 6, 2006. On January 18, 2006, Russ Chew, the COO for the Air Traffic Organization, visited the Human Factors office and met with members of the staff. Gray interrupted the meeting in ways that Hewitt considered “inappropriate.” J.A. 207. Following the meeting, Piccione, Hewitt, .and Krois exchanged emails discussing what they considered to be Gray’s inappropriate conduct during the meeting. Afterward, Krois met with a member of Hi-Tec’s team who promised to talk to a member of Titan’s team about Gray’s behavior. Additionally, Gray was scheduled to present at a discussion on Human Factors requirements on February 9, 2006, but she- was removed from speaking at the presentation and relegated to a notetaking position. Gray also was excluded from meeting the new Human Factors Group director. Gray filed a formal EEO complaint on March 16, 2006.1

In 2007, Hewitt again documented what he considered to be Gray’s unprofessional behavior. In April 2008, Hewitt informed Gray that her position with the FAA would be eliminated due to budget restraints, and her last day with the FAA was April 30, 2008. On June 13, 2008, Gray filed anoth[606]*606er complaint with the EEOC. On December 9, 2011, Gray filed a complaint in the District Court against the Secretary of Transportation (“the Secretary”), alleging the following four counts: 1) unlawful failure to hire because of gender; 2) hostile work environment; 3) unlawful failure to hire because of age; and 4) unlawful retaliation.

Gray contends that she was not hired for the two positions for which she applied because she is a woman. To state a prima facie case of discrimination using the burden shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), “a plaintiff must allege she is part of a protected class’ under Title VII, she suffered a cognizable adverse employment action, and the action gives rise to an inference of discrimination.” Walker, 798 F.3d at 1091. “If the plaintiff clears that hurdle, the burden shifts to the employer to identify the legitimate, non-discriminatory ... reason on which it relied in taking the complained-of action.” Id. The Secretary asserts that Gray was not hired because the two candidates who were hired possessed better qualifications. When an employer asserts a legitimate, non-discriminatory reason for the decision and moves for summary judgment, the McDonnell Douglas framework falls away, and the court must simply determine whether “the employee' produced sufficient evidence for a reasonable jury to find that the employer’s asserted non-discriminatory reason was not the actual reason and that the employer intentionally discriminated against the employee on the basis of ... sex.” Brady v. Office of Sergeant at Arms,

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637 F. App'x 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-foxx-cadc-2015.