Jones v. Bush

160 F. Supp. 3d 325, 2016 U.S. Dist. LEXIS 18653, 2016 WL 632178
CourtDistrict Court, District of Columbia
DecidedFebruary 17, 2016
DocketCivil Action No. 2007-2164
StatusPublished
Cited by12 cases

This text of 160 F. Supp. 3d 325 (Jones v. Bush) 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
Jones v. Bush, 160 F. Supp. 3d 325, 2016 U.S. Dist. LEXIS 18653, 2016 WL 632178 (D.D.C. 2016).

Opinion

MEMORANDUM OPINION

RICHARD W. ROBERTS, Chief Judge

Pro se plaintiff Laura Jones brought this employment discrimination action under Title VII of the Civil Rights Act of 1964 (“Title VII”), see 42 U.S.C. § 2000e et. seq., as amended, and the First Amendment to the United States Constitution, against former President Bush, the Director of' the Office of Administration (“OA”) in the Executive Office of the President (“EOP”), and nine other White House employees. Defendants filed a motion to dismiss or, in the alternative, for summary judgment. Because plaintiff failed to exhaust administrative remedies regarding certain claims, to demonstrate that adverse employment actions have been taken, to establish a First Amendment violation, and to rebut sufficiently defendants’ non-discriminatory reasons for their employment actions, the Court granted defendants’ motion by minute order. This Memorandum Opinion sets forth the reasons for the decision.

I. BACKGROUND

“Plaintiff Jones (White) was employed by the [OA-EOP], assigned to the mail-room” in the West Wing of the White House, Amended Complaint for Damages and Equitable Relief (“Am. Compl.”) at 3 (page numbers designated by the Court), and “was the only white employee in a predominantly non-white mailroom.” Id. at 7. Her official title was Lead Mail Assistant, Grade 8. Memorandum of Points and Authorities in Support of Defendants’ Motion to Dismiss or, in the Alternative, for Summary Judgment (“Defs.’ Mem.”), Ex. B (Position Description) at 1. The major duties of her position were to:

Perform[ ] mail and administrative functions to deliver and meter mail, to solicit and forward feedback from customers, to offer suggestions to improve work *330 processes, to assist and educate customers, and to plan and record daily work activities.

Id., Ex. B at 2. Plaintiffs work hours were 10:30 a.m. to 7:00 p.m. See id., Ex. E (Information for Informal Complaint dated June 21, 2004) at 1. Her immediate supervisor was Restitute (“Rusty”) Francisco (Asian American/Pacific Islander male); her second-line supervisor was Kenneth Haskins (African American male); her third-line supervisor was Kenneth Miller (white male); and her fourth-line supervisor was Jon Laurich (white male). See id., Ex. C (Laurich Aff.) at 1, Ex. Q (Motion for Findings and Conclusions Without a Hearing) at 5 & Ex. Z (Report of Investigation dated January 28, 2005) at 2,10 and 13.

A. The March 24, 2004 Unscreened Box Incident

According to plaintiff, on March 24, 2004, the following events occurred:

[A]n unsecured box entered the White House mailroom en route to President Bush and his immediate staff. [Plaintiff] noticed that the box had not been processed according to stringent security procedures, which required that all packages addressed to the White House be radiated to prevent contamination by chemical or biological agents. In the wake of the Ricin attacks on the US Capitol just two months earlier and the Anthrax attacks of 2001-02, the plaintiff and her co-workers were taking [Cipro-floxacin] as a precautionary measure, and a premium was placed on the importance of security, particularly in mail and package handling.
When [plaintiff] saw the unsecured box, [she] informed her supervisor, Rusty Francisco (Asian), and was told that he had authorized Barbara Swan (Black) to allow the box to bypass security at the request of [a] White House staffer ... who wanted to deliver the box to President Bush, Vice President Dick Cheney, and the entire Executive staff. Plaintiff expressed concern over the security threat and was told by a subordinate to leave the matter alone. When she emailed Ken Haskins (Black), the mail-room branch chief, she was told to drop the matter. Haskins dismissively said, “When I see a red bull, you see a red bull.”

Am. Compl. at 3-4.

Plaintiff believed that “the responsefs] from her subordinate and her supervisor [were] disrespectful,” and attributed the responses to “the fact that she was the only white staff member in the mailroom.” Id. at 4. She reported this incident to Linda Sites (white female), the OA-EOP’s Equal Employment Opportunity (“EEO”) Director, on April 6, 2004. 1 Id.-, Defs.’ Mem., Ex. W (Information for Informal Complaint dated April 15, 2004) at 1. Plaintiff alleged discrimination based on color, race and sex, Defs.’ Mem., Ex. W at 2, and she requested the following relief:

Return to job in West Wing mailroom as lead clerk; printer installed in West Wing mailroom; have in writing that [plaintiff and Haskins] will be the only ones with the password for billing and[ ] wants to be treated with respect, not hear comments about [illegible and] wants [coworkers] to take on more re *331 sponsibility (such as printing their own [illegible]) left alone.

Id., Ex. W at 4. 2

On April 15, 2004, EEO Director Sites met with plaintiff, Haskins, Francisco and an EEO counselor, Shalini Benson, allegedly “to discuss the situation and try to dissuade [p]laintiff from filing an EEO complaint.” Am. Compl. at 4. Sites allegedly instructed Benson to counsel plaintiff, “and Benson did so, eventually advising [p]laintiff of her right[ ] to bring an EEO complaint.” Id. 3

B. Assignment to Work on June 11, 2004 and Letter of Reprimand

According to plaintiff, on June 9, 2004, she “told Haskins she was willing to volunteer to work her usual shift on June 11, [2004,] a National Day of Mourning in honour of the dead [sic] of President Reagan.” Id. at 5. She stated that Haskins “would not confirm the shift she was expected to work,” and, because of other commitments she could not work a shift other than her usual shift and “told Has-kins to disregard her volunteer request.” Id. “Haskins subsequently assigned [p]laintiff to a shift other than her usual one, such that she was unable to work.” Id.

According to defendants, on June 9, 2004, plaintiff “volunteered to work on Friday, June 11, 2004, ... [was] placed on the work schedule for Friday, June 11, 2004, ... [and was] notified to report for [her] regular scheduled tour of duty which [was] 10:30 a.m. to 7:00 p.m.” Defs.’ Mem., Ex. D (June 16, 2004 Letter of Reprimand) at 1. Plaintiff neither submitted a request for leave for Friday, June 11, 2004, nor reported for duty as assigned, nor telephoned the office to request leave for the day, thus violating established leave procedures and OA Disciplinary Guidelines. Id., Ex. D at 1; see id., Ex. M (Haskins Aff.) at 2-3.

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Bluebook (online)
160 F. Supp. 3d 325, 2016 U.S. Dist. LEXIS 18653, 2016 WL 632178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-bush-dcd-2016.