Jones v. Dist. of Columbia

314 F. Supp. 3d 36
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 4, 2018
DocketCivil Action No. 11–215 (RMC)
StatusPublished
Cited by6 cases

This text of 314 F. Supp. 3d 36 (Jones v. Dist. of Columbia) 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
Jones v. Dist. of Columbia, 314 F. Supp. 3d 36 (D.C. Cir. 2018).

Opinion

II. ANALYSIS

A. Hostile Work Environment Based on Sexual Orientation

At the heart of this case are Plaintiffs' allegations that they were subjected to a hostile work environment on the basis of sexual orientation in violation of DCHRA.13 To the detriment of their allegations, Plaintiffs have adopted an "everything but the kitchen sink" litigation strategy, by which every perceived impropriety, trivial slight, or unwelcome management decision is alleged to have contributed to a hostile work environment. The Court has spent an inordinate amount of time scrutinizing Plaintiffs' facts and attempting to impose order on the parties' arguments with regard to which claims find support in the facts of record. See Tr. of Status Conference (June 30, 2016) at 2-3.

However, on summary judgment it is the moving party-the District-that bears the burden of demonstrating that no genuine issue of material fact exists as to each remaining Count. In this analysis, Plaintiffs are given the benefit of all reasonable inferences that may be derived *57from the facts and the Court assesses the totality of the circumstances to determine whether a claim is supported. See, e.g., Brooks v. Grundmann , 748 F.3d 1273, 1276 (D.C. Cir. 2014) (noting that the strength of a plaintiff's hostile work environment claim is determined by the "totality of the circumstances") (quoting Baloch v. Kempthorne , 550 F.3d 1191, 1201 (D.C. Cir. 2008) ). Having considered all of the circumstances, the Court concludes that Plaintiffs' allegations are sufficient to raise a genuine issue of material fact as to their claim of a hostile work environment on the basis of sexual orientation. Anderson , 477 U.S. at 249-50, 106 S.Ct. 2505.

1. Timeliness

Ms. Weeks filed her first OHR complaint on March 31, 2008; in it, she alleged harassment on the basis of sexual orientation in violation of DCHRA, including the following allegations in her written statement:

DISPARATE TREATMENT
In early 2007, I began a relationship with another officer (lesbian). From March 2007 thru present, when my Sergeant (SGT) was informed of our relationship, my partner and I was [sic ] not allowed to ride together as other officers (heterosexual) who were involved in relationships were allowed to. The department tried to say that we could not ride together because we were assigned to different Patrol Service Area (PSA); however other officers (heterosexual) who were also assigned to different PSA's [sic ] were allowed to ride together.
HARASSMENT
From early 2007 thru present, two SGTs (heterosexual) have made remarks about my partner and me, in regards to our relationship (lesbian), and also threatened me with disciplinary write ups. My SGT (heterosexual) made comments regarding my relationship with other officers and officials.
Since I began working for the Department, I have always received "Exceeds Expectations" ratings for my performance evaluation. However, in February 2008, I received an "Average" rating on my evaluation, which was performed by a SGT (heterosexual) who was not my direct supervisor.

Weeks OHR Complaint (Mar. 31, 2008).14 The Court interprets Ms. Weeks's complaint of harassment to raise a claim of hostile work environment. Because DCHRA provides that such complaints may be brought within one year of the latest alleged behavior, Ms. Weeks's OHR complaint was timely if any of the alleged harassing incidents of which she complains occurred on or after March 30, 2007. See D.C. MUN. REGS. tit. 4, § 105.1. Ms. Weeks alleged that her sergeant (presumably Sgt. Podorski, who was her sergeant until August 2007) did not allow her and Ms. Jones to ride together "[f]rom March 2007 thru present," even though "other officers (heterosexual) who were involved in relationships were allowed to" ride together, including some who were "assigned to different PSA's [sic ]." Weeks OHR Complaint (Mar. 31, 2008). Ms. Weeks also alleged that, [f]rom early 2007 thru present, two SGTs," presumably Sgts. Podorski and Washington, "have made remarks about my partner and me, in regards to our relationship (lesbian), and also threatened me with disciplinary write ups." Id. Ms. Weeks also mentioned her lowered November 2007 performance rating, which she claimed to have received in February *582008, and which she alleged was an harassing incident motivated by Sgt. Podorski's disapproval of Plaintiffs' relationship. See id.

The District challenges the timeliness of Ms. Weeks's OHR complaint. The District argues that "[a]ny sexual orientation claims based on discrete incidents occurring before October 3, 2007 are time-barred," because that date is 180 days before March 31, 2008, when Ms. Weeks filed her OHR complaint. See Mot. at 55-56. This argument is based on the D.C. Code requirement that a claim of discrimination under DCHRA is timely only if the claimant first consults with an EEO counselor within 180 days of a discriminating incident. Id. Ms. Weeks counters that, as to her hostile environment complaint, the statute of limitations is one year, not 180 days, see D.C. MUN. REGS. tit. 4 § 105.1, and because her complaint is based on a theory of a hostile work environment, i.e. , "HARASSMENT," she need only have alleged one incident contributing to ongoing illegal hostility within the relevant time period.

The Court finds that Ms. Weeks's March 31, 2008 complaint to OHR raised a timely claim of a hostile work environment based on sexual orientation, sex, and retaliation under DCHRA (Counts I, III and VII). That complaint included a subsection titled "HARASSMENT" in which Ms. Weeks alleged "remarks" by Sgts. Podorski and Washington about her relationship with Ms. Jones and threatening disciplinary write-ups, as well as her temporarily lowered performance rating. See Weeks OHR Complaint (Mar. 31, 2008). Harassment based on an employee's protected status-here, sexual orientation, sex, and protected activity under DCHRA-is a descriptor of a hostile work environment which is shown by a series of ongoing events that are sufficiently severe and pervasive to interfere unreasonably with an employee's work performance. A number of Ms. Weeks's allegations occurred within the one-year time frame. See Brooks

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Bluebook (online)
314 F. Supp. 3d 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-dist-of-columbia-cadc-2018.