Kirkland v. James

154 F. Supp. 3d 608, 2015 U.S. Dist. LEXIS 173417, 2015 WL 9583912
CourtDistrict Court, S.D. Ohio
DecidedDecember 31, 2015
DocketCase No. 3:13-cv-424
StatusPublished
Cited by1 cases

This text of 154 F. Supp. 3d 608 (Kirkland v. James) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kirkland v. James, 154 F. Supp. 3d 608, 2015 U.S. Dist. LEXIS 173417, 2015 WL 9583912 (S.D. Ohio 2015).

Opinion

ENTRY AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (DOC. 15)

THOMAS M. ROSE, UNITED STATES DISTRICT JUDGE

This employment discrimination case is before, the Court on the Motion for Summary Judgment (Doc. 15) filed by Defendant Deborah Lee James,- Secretary of the United States Air Force (“Defendant”), Plaintiff Carol A. Kirkland (“Plaintiff’), an Air Force - employee, alleges that Defendant improperly denied restoration of her leave» hours and refused to increase, the total number .of leave.hours that she is permitted to carry on an annual basis. Plaintiff alleges that these actions constituted gender-based discrimination and were taken in retaliation for a prior discrimination complaint in violation of Title VII of the Civil Rights Act of 1964. Plaintiff filed an opposition to Defendant’s Motion for Summary Judgment, in response to which Defendant filed a reply. (Docs.'19, 23.) The Motion for Summary Judgment is therefore fully briefed and ripe for the Court’s review. For the reasons discussed below, the Court GRANTS the Motion for Summary Judgment,.

I. BACKGROUND

This case, involves a dispute about Plaintiffs accrual of leave hours as an Air Force employee. Air Force employees a'cqrue a [611]*611certain number -of leave hours, based on their total years of service, for -every biweekly pay period that they work. 5 U.S.C § 6303. Subject to certain exceptions, Air Force employees may accumulate no more than -30 days (or 240 hours) of leave. 5 U.S.C.'§ 6304(a). If an employee accumulates more than 240 hours of leave," she must use the leave hours in excess of the 240-hour threshold by the end of the year or they will be forfeited. Id. The hours that an employee carries above the 240-hour threshold are therefore referred to as “use or lose” hours because, if they are not used by year end, they are lost.

A. Plaintiffs Deployment to Camp Lemonnier in Djibouti, Africa

' During the period relevant to this lawsuit, Plaintiff was a Program Manager, Directorate of Intelligence and Requirements, at Wright-Patterson Air Force Base in Ohio. (Doc. 19-1, ¶ 1.) On November 21, 2010, Plaintiff was deployed on temporary duty (referred to as “TDY”) to Camp Lemonnier in Djibouti, Africa. (Doc. 19-1, ¶ 2.) Because Plaintiff was on TDY while in Djibouti, her official station remained Wright-Patterson Air Force Base. In contrast, when assigned to a temporary change of station (“TCS”) or permanent change of station (“PCS”), an employee’s station changes from their current-location to the new location where they are transferred. Here, it is undisputed that Plaintiffs station never changed during her deployment.

On November 9, "2010, prior to her deployment, Plaintiff sent an email to Kathy Taylor, Plaintiffs Timekeeper and Customer Service Representative, asking if Taylor was “the person I need to see to ensure my current leave hours earned is froze (will not be lost)?” (Doc. 19-1, Ex. 1.) As of November. 2010, Plaintiff had accrued 104 “use or lose” hours, ie., 104 leave hours above the 240-hour threshold. (Id.) Taylor replied that, after returning from deployment, Plaintiffs “use or lose” hours would be “automatically restored without us having to process any paperwork.” (Id. (citing a December 3, 1999 Memo for Directors of Personnel and Agency Payroll Offices (CPM-99-5)).) In response to . another email from Plaintiff-, dated December 10, 2010, Taylor reiterated the same guidance and provided Plaintiff the telephone number for Defense ..Finance and Accounting Services in Indianapolis “to see if they can answer your question regarding use or lose.” (/&, Ex.-2.)

On June 3, 2011, Plaintiff returned from her deployment. On July 7, 2011, Taylor sent an email to Molly Holtzapple, a Human Resource. Specialist, asking for assistance with Plaintiffs “question about getting 104 hours of :use or lose leave restored.” (Doc. 19-1,. .Ex. 3.) Taylor explained that the “only, guidance I could find (which I emailed to her when she first deployed) is this excerpt from the" December 3,' 1999 Memo for Directors of Personnel and Agency Payroll Offices (CPM 99-5), stating use/lose will be automatically restored without us having to process any paperwork — is that still true?” (Id.)

Holtzapple replied to. Taylor on the same day. Holtzapple. stated: .

I found the guidance, in the. United States Code to confirm that if Carol Kirkland was in an emergency essential status (which she was) and deployed to a combat zone (yes again) she is entitled to the restoration, off any annual leave -that was lost. The reg is quoted below for your reference. Please let me know if you need anything else.

(Id. (including quote from 5 U.S.C. § 6304(d)(3)(B)(4)),). Subsequent to this email, Taylor restored the 104 “use or [612]*612lose” hours that Plaintiff forfeited while deployed by placing them in a Restored Annual Leave (“RAL”) account.1 (Doc. 19-1, ¶¶ 8-9.)

Between June 3, 2011 (when Plaintiff returned from deployment) and the end of 2011, Plaintiff used a total of 188.5 leave hours. (Doc. 15-1, Ex. 2) During the same period, Plaintiff also made three requests for Taylor to place additional leave hours in her RAL account. (Doc. 19-1, ¶¶8-9.) Plaintiff reasoned that, due to her deployment, she was entitled to restoration of the additional leave hours because they were “use or lose” hours — hours that she was carrying over the 240-hour threshold at the time of her requests. (Id. at ¶ 14; Doc. 15-1, Ex. 2.)

At some point between June 2011 and February 2012, Plaintiff also asked Taylor to increase her leave ceiling from 240 hours to 360 hours. (Doc. 19-1, ¶ 12.) Plaintiff again reasoned that she was entitled to this modification based on her deployment. (Doc. 15-1, Ex. 3 (citing Title 5 U.S.C. Chapter 63).) Taylor did not act on this request.

On or about September 13, 2011, Nellie Saylor, a Human Resources Specialist in Employee Relations, was notified of Plaintiffs requests relating to her leave hours. (Doc. 15-2 at 3.) Saylor asked Taylor to provide information about the restoration of Plaintiffs leave hours, including “what research was done to determine her eligibility and who conducted the research as well as any documentation [she] may have.” (Doc. 19-1, Ex. 4.) Beginning in February 2012, Saylor and Sue Nelson, who is also a Human Resource Specialist in Employee Relations, began asking Plaintiff questions relating to her leave hours. (Doc. 19-1, ¶¶ 12-17.) Plaintiff told Saylor that she was working through “some leave corrections and adjustments” with Taylor, and that Taylor was in the process of increasing her leave ceiling. (Id. at ¶ 12.) From February through April 2012, Saylor and Nelson asked Plaintiff various questions by telephone and email regarding her eligibility to have her “use or lose” leave hours restored. (Id.) Around May 2012, Nelson took over sole responsibility for resolving any issues regarding Plaintiffs leave hours due to Saylor’s heavy workload. (Doc. 15-1, ¶¶ 2-4.)

In June 2012, Nelson asked Plaintiff to provide more documentation, such as her deployment orders and Leave and Earnings Statements. (Doc.

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154 F. Supp. 3d 608, 2015 U.S. Dist. LEXIS 173417, 2015 WL 9583912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkland-v-james-ohsd-2015.