Hammond v. Chao

383 F. Supp. 2d 47, 2005 U.S. Dist. LEXIS 16399, 2005 WL 1907677
CourtDistrict Court, District of Columbia
DecidedAugust 10, 2005
DocketCIV.A.03-2407 JDB
StatusPublished
Cited by35 cases

This text of 383 F. Supp. 2d 47 (Hammond v. Chao) 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
Hammond v. Chao, 383 F. Supp. 2d 47, 2005 U.S. Dist. LEXIS 16399, 2005 WL 1907677 (D.D.C. 2005).

Opinion

MEMORANDUM OPINION

BATES, District Judge.

Plaintiff Mary E. Hammond filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended (“Title VII”), alleging that defendant Elaine L. Chao, Secretary of the U.S. Department of Labor (“defendant” or “DOL”), discriminated against her on the basis of her race and sex when it selected a white male applicant to fill the position of Lead Manpower Development Specialist. Plaintiff also alleges that defendant retaliated against her when it failed to submit a supervisory assessment for plaintiff, which was a prerequisite to acceptance into the Employment Training Administration’s Excellence in Leadership Program. Defendant has moved to dismiss plaintiffs Complaint, or in the alternative, for summary judgment. For the reasons set forth below, defendant’s motion for summary judgment will be granted.

BACKGROUND

The following facts are uncontroverted, excepted as noted. Plaintiff is an African-American female who has been employed by defendant as a Senior Manpower Development Specialist at the GS-13 level since 1991. Pl.Ex. 1, Hammond Application for Federal Employment ¶ 10. On June 5, 2000, defendant announced a vacancy for a Lead Manpower Development Specialist, GS-142-14, position in the National Emergency Grants Division of the Employment and Training Administration (“ETA”). See Def. Ex. 1, Vacancy Announcement ETA-00-115 (“Vacancy Announcement”). Plaintiff applied for the position on June 15, 2000. See Pl.Ex. 2, Hammond EEOC Affidavit. The selecting official was George Shephard, Jr., an African-American male, who was at that time the Chief of the Division of National Emergency Grants in ETA. Def. Ex. 9, Declaration of George Shephard, Jr. (“Shephard Deck”) ¶¶ 1-2. Mr. Shephard interviewed a total of eight candidates, including both plaintiff and the selectee, Richard Praeger, a white male. Def. Ex. 2, Certificate of Eligibles. After reviewing applications and conducting interviews, Mr. Shephard concluded that Mr. Praeger was best qualified for the position. Shephard Deck ¶¶ 3-8, 11. On November 15, 2000, Mr. Shephard offered the position to Mr. Praeger and informed plaintiff that she had not been selected. See Def. Ex. 5, Notice of Non-Selection. Plaintiff filed an administrative complaint with the DOL Civil Rights Center on January 19, 2001, alleging that her non-selection was the result of discrimination based on her race, age and sex. Pl.Ex. 14, Administrative Complaint.

In May or June of 2002, plaintiff and a co-worker, Thaddeus Roberts, applied for *52 the DOL Excellence in Leadership Program (“ELP”). Shephard Decl. ¶ 12. ELP enables participants who successfully complete the program to receive a two-year Certificate of Eligibility for one noncompetitive promotion within ETA to the next higher grade supervisory position. Def. Ex. 7, Excellence in Leadership Program Description. Both plaintiff and Mr. Roberts asked Mr. Shephard to complete a supervisory assessment form that was required to be submitted with the ELP applications. Id Mr. Shephard did not complete the forms for either employee. Id As a result, both plaintiff and Mr. Roberts were denied admission to the program. Plaintiff then amended her administrative complaint on September 30, 2003, to include an allegation that she was retaliated against when Mr. Shephard failed to complete the supervisory assessment for her ELP application. Def. Ex. 8, Amended Administrative Complaint.

On July 29, 2003, Equal Employment Opportunity Commission (“EEOC”) Administrative Judge Wallace Lew issued a decision dismissing all of plaintiffs claims. Def. Ex. 10, EEOC Administrative Judge Decision. Defendant adopted the EEOC’s decision on August 20, 2003, and sent plaintiff a right-to-sue letter reflecting that decision. Def. Ex. 11, Agency Final Action. Defendant mailed plaintiffs right-to-sue letter on August 20, 2003 via Federal Express, and designated an August 21, 2003 delivery. Def. Ex. 15, Federal Express envelope label. The date upon which the letter arrived at plaintiffs home is a point of contention. According to defendant, the right-to-sue letter was delivered to plaintiffs residence on August 21, 2003. Id; Def. Ex. 12, Declaration of Naomi Barry-Perez (“Barry-Perez Decl.”) and attachments (Federal Express receipts). On the other hand, plaintiff states that the letter did not arrive at her home until August 22, 2003. Pl.Ex. 21, Second Declaration of Mary E. Hammond (“Hammond Decl.”) ¶ 11; see also Pl.Ex. 22, Declaration of Constantin Nkesela (“Nkesela Deck”) ¶¶ 4-6.

Plaintiff commenced the instant action against defendant on November 20, 2003. Defendant moved for dismissal of or, in the alternative, summary judgment on plaintiffs claims on March 3, 2004, arguing, inter alia, that plaintiffs action should be dismissed because she failed to comply with the Title VII 90-day statute of limitations for filing a civil action in federal court. The Court denied defendant’s motion, but explained that defendant could renew the motion following discovery on the limited issue of when plaintiff received her EEOC right-to-sue letter. See October 29, 2004 Order. After completion of discovery, defendant renewed its motion to dismiss or, in the alternative, for summary judgment. Defendant again argues that plaintiffs action should be dismissed as untimely. Defendant also claims that if plaintiffs action is timely, it is nonetheless entitled to summary judgment because plaintiff is unable to show that defendant’s explanation for non-selection was a pretext for discrimination. Defendant also asserts that plaintiff cannot establish a prima facie case on her retaliation claim because she was not subjected to an adverse employment action and because she cannot show a causal connection between her EEOC activity and the complained of denial of ELP admission.

LEGAL STANDARD

I. Summary Judgment Standard

Summary judgment is appropriate when the pleadings and the evidence demonstrate that “there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The party seek *53 ing summary judgment bears the initial responsibility of demonstrating the absence of a genuine dispute of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party may successfully support its motion by “informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Id. (quoting Fed.R.Civ.P. 56(c)).

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Bluebook (online)
383 F. Supp. 2d 47, 2005 U.S. Dist. LEXIS 16399, 2005 WL 1907677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammond-v-chao-dcd-2005.