Ibrahim v. United States

26 Cl. Ct. 359, 30 Wage & Hour Cas. (BNA) 1689, 1992 U.S. Claims LEXIS 255, 59 Fair Empl. Prac. Cas. (BNA) 228, 1992 WL 138079
CourtUnited States Court of Claims
DecidedJune 19, 1992
DocketNo. 90-117C
StatusPublished
Cited by1 cases

This text of 26 Cl. Ct. 359 (Ibrahim v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ibrahim v. United States, 26 Cl. Ct. 359, 30 Wage & Hour Cas. (BNA) 1689, 1992 U.S. Claims LEXIS 255, 59 Fair Empl. Prac. Cas. (BNA) 228, 1992 WL 138079 (cc 1992).

Opinion

ORDER

MOODY R. TIDWELL, III, Judge:

This case is before the court on defendant’s motion for partial summary judgment, and on the parties’ cross-motions for summary judgment pursuant to RUSCC 56. For the reasons set forth below, the court denies plaintiff’s motion for summary judgment and grants defendant’s cross-motion.

FACTS

On September 13, 1987, Hazel Ibrahim began working as a Housing Management Specialist (HMS) for the Department of Housing and Urban Development (HUD) in Chicago, Illinois.1 The position had been advertised at the GS-9, GS-11, and GS-12 levels. To be eligible for GS-11 and GS-12, applicants needed at least three years of general experience and three years of specialized experience. Moreover, as part of the specialized experience, “a knowledge of Federal regulations and codes concerning the use and operation of Government-owned, leased, rented, or otherwise controlled land or housing assets” was specifically required. Although Ibrahim had been a licensed real estate salesperson, part owner of a real estate agency, and “active[361]*361ly involved in the sale and leasing of multifamily residential real estate and commercial real estate for over 14 years,” she did not possess specific knowledge of federal regulations and codes. Accordingly, HUD offered plaintiff employment at the GS-9 level, and plaintiff accepted. At all times during plaintiffs employment, the time-in-grade restrictions contained in 5 C.F.R. § 300.604 (1992), were in effect.2

Plaintiff began working, and is still employed, in the Management Division of HUD. The Management Division is comprised of a program support branch, • an engineering branch, and three general management branches known as Branch A, Branch B, and the Chicago Housing Authority (CHA) Branch. Branch A has three HMSs at the GS-12 level, all of whom are male. Branch B, plaintiffs branch, has three male HMSs at the GS-12 level, and plaintiff who is currently at the GS-11 level. The CHA Branch employs one female and two male HMSs, all at the GS-12 level. Each general management branch is overseen by a GS-13 Supervisory Housing Management Specialist, and two of the three supervisors are female. The Director of the Management Division is the immediate supervisor of the general management branch supervisors, and is also female.

After spending her first three months reading HUD manuals, Ibrahim was given a full case load on December 13,1987. She was assigned to work with ten counties, three of which had no active Public Housing Authorities (PHAs).3 The largest PHA that plaintiff had responsibility over was located in St. Clair County, and contained 1,018 Conventional Public Housing (CPH) units. HUD describes large Housing Authorities as having 1,250 or more CPH units. Nearly all HMSs in the three branches at the GS-12 level had authority over at least one large Housing Authority; those that did not had compensating duties. For example, Lionel Nixon, the American Federation of Government Employees (AFGE) Union President, devotes 50 percent of his work time to union activities and is responsible for only six active Housing Authorities. Another GS-12, Anthony Stanford—while not listed as being in one of the three general management branches—is the Comprehensive Improvement Assistance Program (CIAP) coordinator for State of Illinois programs. The three GS-12s in the CHA Branch share responsibility for the CHA’s 39,277 CPH units.

On September 25, 1988, after working one year as a GS-9, plaintiff was promoted to GS-11. Plaintiff became eligible for promotion to GS-12 on September 25,1989, but has remained a GS-11. Since June 1989, no HMSs in the Chicago Office have been promoted from GS-11 to GS-12. On February 6, 1990, plaintiff filed suit in this court alleging that HUD’s failure to promote her to GS-12 constituted gender discrimination. In her complaint, plaintiff also asserted that she had regularly performed work at the GS-12 level since De[362]*362cember 13, 1987. The complaint sought back pay and an order directing HUD to retroactively promote plaintiff. On July 26, 1991, defendant moved for partial summary judgment. Plaintiff moved for summary judgment on September 17, 1991, and defendant cross-moved for summary judgment.4

DISCUSSION

Summary judgment is appropriate when “there is no genuine issue as to any material fact” so that the moving party “is entitled to judgment as a matter of law.” RUSCC 56(e) (1991). In evaluating a motion for summary judgment, any doubt as to whether a genuine issue of material fact exists must be resolved in favor of the non-moving party. Adickes v. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 1608-09, 26 L.Ed.2d 142 (1970); Campbell v. United States, 2 Cl.Ct. 247, 249 (1983). A genuine issue of material fact is one that would change the outcome of the litigation. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986); Chevron U.S.A., Inc. v. United States, 17 Cl.Ct. 537, 540 (1989), rev’d on other grounds, 923 F.2d 830 (Fed. Cir.1991).

When the moving party has carried its burden, the non-moving party must come forward with specific facts showing that a genuine issue for trial exists, Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986), and the non-moving party may not discharge its burden by cryptic, conclusory, or generalized responses. See Willetts v. Ford Motor Co., 583 F.2d 852, 856 (6th Cir.1978); Tunnell v. Wiley, 514 F.2d 971, 976 (3d Cir.1975). “[When] the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no ‘genuine issue for trial.’ ” Id. 475 U.S. at 587, 106 S.Ct. at 1356 (quoting First Nat’l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253, 289, 88 S.Ct. 1575, 1592, 20 L.Ed.2d 569 (1968)). The court agrees with the parties that this case presents no genuine issues of material fact, and that summary judgment is appropriate.

I. The Equal Pay Act.

Plaintiff’s claims of discrimination and for back pay arise under the Equal Pay Act of 1963, Pub.L. No. 88-38, 77 Stat. 56 (codified as amended at 29 U.S.C. § 206(d) (1988)). The Equal Pay Act was passed as an amendment to the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219 (1988), and extended to the federal government in 1974. See 29 U.S.C. § 203(e)(2).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hauschild v. United States
53 Fed. Cl. 134 (Federal Claims, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
26 Cl. Ct. 359, 30 Wage & Hour Cas. (BNA) 1689, 1992 U.S. Claims LEXIS 255, 59 Fair Empl. Prac. Cas. (BNA) 228, 1992 WL 138079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ibrahim-v-united-states-cc-1992.