Houston v. Sectek, Inc.

680 F. Supp. 2d 215, 2010 U.S. Dist. LEXIS 7260, 2010 WL 322251
District Court, District of Columbia·Decided January 28, 2010·No. Civil Action 04-2218 (RWR)·Published·Cited by 38 cases

Opinion

MEMORANDUM OPINION

RICHARD W. ROBERTS, District Judge.

Plaintiff Cora Houston brings claims under Title VII of the Civil Rights Act of *218 1964 and 42 U.S.C. § 1981 against defendant SecTek, Inc., alleging under each statute race discrimination, a racially hostile work environment, and constructive discharge. SecTek moves for summary judgment, contending that Houston did not establish a prima facie case of either racially disparate treatment or a racially hostile work environment; that even if she did, she has not rebutted the legitimate, nondiscriminatory reasons offered by Sectek for its actions and has not established that she availed herself of SecTek’s corrective process; and that she was not constructively discharged. While Houston has established that she was subject to an adverse employment action, she has not shown that SecTek’s intent was discriminatory even if its proffered reason was pretextual, and she has failed to establish her hostile work environment and constructive discharge claims. Accordingly, SecTek’s motion for summary judgment will be granted.

BACKGROUND

Houston worked as a Level 3 Information Security Specialist for USATREX, a company which provided security services to the U.S. Environmental Protection Agency (“EPA”). (Compl. ¶ 6; Pl.’s Stmt, of Material Facts (“Pl.’s Stmt.”) ¶ 38.) Houston worked with Jose Martinez, a Level 4 Senior Information Security Specialist. (Pl.’s Stmt. ¶ 40.) Houston provided technical support to the EPA’s National Security Information program by, among other things, providing briefings, delivering documents, and working with EPA security representatives and document control officers. (Compl. ¶ 6.) During her time as a USATREX employee, Houston regularly performed higher level tasks that were officially Martinez’s responsibilities. (Pl.’s Mem. of P. & A. in Opp’n to Def.’s Mot. (“PL’s Mem.”), Ex. A at 76.)

In July 2000, SecTek replaced USATREX as the contract provider of security services to the EPA. (Compl. ¶ 8.) SecTek offered and Houston accepted a position as a Level 3 Information Security Specialist for a ninety-day probationary period. (Id.) Her job description did not change, as her responsibilities were set out in the EPA contract. (PL’s Mem., Ex. A at 248-49.) SecTek also hired Martinez as a Level 4 Senior Information Security Specialist. (Def.’s Mem. of P. & A. in Supp. of Def.’s Mot. for Summ. J. (“Def.’s Mem.”), Ex. 4 at 44.) At SecTek, Andrea Czeck, a Deputy Program Manager of Information Security, supervised both Houston and Martinez. (PL’s Stmt. ¶ 47.) Czeck determined that Houston was performing duties that were not assigned to her position. 1 (Id. ¶ 49.) Czeck later took away the level 4 duties Houston had been performing, assigned them to another employee, and diminished Houston’s level 3 duties, leaving her mostly administrative and clerical duties such as destroying and delivering classified documents. (Compl. ¶ 9; PL’s Stmt. ¶¶ 49-53.)

Houston also alleges that on a daily basis Czeck treated her in an unprofessional and belittling manner. (Compl. ¶ 11.) On one occasion, Czeck “threw [a memorandum] on Ms. Houston’s desk and sarcastically instructed her to, ‘Try *219 again.’ ” (Pl.’s Stmt. ¶ 56.) Czeck also “often accused Ms. Houston of not telling her the truth or having ‘something to hide’ ” and accused her of missing deadlines. {Id. ¶¶ 57, 60.) When Houston would leave the office to deliver confidential documents to the EPA, Czeck would “quiz[ ] Ms. Houston with suspicion about the lengths of her travels” and would time the length of Houston’s trips. {Id. ¶ 58.) Czeck required that Houston be accompanied by a co-worker when meeting government clients, even though no other Sectek employee was subject to such a requirement. {Id. ¶ 62.) Houston’s classified document safe was removed and placed in Czeck’s office. {Id. ¶ 63.) Upon the conclusion of Houston’s ninety-day probationary period, Czeck extended it by an additional forty-five days “because her performance had been less than satisfactory.” {Id. ¶ 72 (internal quotations omitted).) Ten days after Czeck extended her probationary period, Houston received Czeck’s performance evaluation, which rated Houston’s performance as either “unsatisfactory” or “needs improvement” in each rating category. {Id. ¶¶ 75, 78.) Czeck also provided a written list of the duties she believed Houston was responsible for performing, based on the EPA contract. 2 (PL’s Mem., Ex. A at 77; Ex. I at 47.) Houston believed that the performance evaluation was wholly inaccurate (PL’s Stmt. ¶¶ 79-80), and she alleges that she heard rumors that she was going to be fired. {Id. ¶ 92.) She submitted her resume to another employer, and upon receiving an offer for a position, Houston tendered her resignation to SecTek. {Id. ¶ 94; PL’s Mem., Ex. A at 169.)

SecTek moves for summary judgment, arguing that Houston has failed to establish a prima facie case of disparate treatment and that she has failed to rebut the proffered legitimate, nondiscriminatory reason for her treatment; that Houston has failed to establish a prima facie case of hostile work environment and that she never availed herself of SecTek’s corrective or preventative procedures to avoid the harm; and that she was not constructively discharged. Houston opposes summary judgment, arguing that there are disputed material facts bearing on whether SecTek discriminated against her.

DISCUSSION

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Houston v. Sectek, Inc., 680 F. Supp. 2d 215, 2010 U.S. Dist. LEXIS 7260, 2010 WL 322251 (D.D.C. 2010).

680 F. Supp. 2d 215 (Houston v. Sectek, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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