Mamantov v. McCarthy

142 F. Supp. 3d 24, 2015 U.S. Dist. LEXIS 147840, 2015 WL 6693742
CourtDistrict Court, District of Columbia
DecidedNovember 2, 2015
DocketCivil Action No. 2012-0407
StatusPublished
Cited by4 cases

This text of 142 F. Supp. 3d 24 (Mamantov v. McCarthy) 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
Mamantov v. McCarthy, 142 F. Supp. 3d 24, 2015 U.S. Dist. LEXIS 147840, 2015 WL 6693742 (D.D.C. 2015).

Opinion

MEMORANDUM OPINION

REGGIE B. WALTON, District Judge

The plaintiff, claims that he was denied an upgraded position -with the Environmental Protection Agency due to his age and sex in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 623 (2006), and Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-16 (2006); Amended Complaint (“Am. Compl.”), ECF No. 13 ¶¶ 57-59, 67-69. The plaintiff also claims that the defendant retaliated against him by refusing to select him for the upgraded position and by reassigning a work function from him to another employee after he lodged two discrimination complaints, in violation of Title VII, 42 U.S.C. § 2000e-3. Am. Compl. ¶¶ 60-66, 70-73. Currently pending before the Court is the defendant’s Motion for Summary Judgment, ECF No. 36. Upon consideration of the parties’ submissions, the Court‘concludes that.the defendant’s motion must be granted in its entirety. 1

I. BACKGROUND

A. The Plaintiffs Non-Selection for the GS-14 Position

The following facts are undisputed except where otherwise noted by the Court. The plaintiff, a male employee of the Environmental Protection Agency (“EPA”), who was sixty-seven years old when he initiated this suit in 2012, was at all relevant times a GS-13 chemist in the EPA’s Exposure Assessment Branch (“EAB”). Def.’s Facts ¶¶ 1, 2; Pl.’s Facts ¶¶ 1, 2. The EAB is comprised of two subgroups of employees: (1) exposure assessors, and (2) fate and transport assessors, and employees of the EAB are either fate assessors or exposure assessors.- Def.’s Facts ¶¶ 4, 5; PL’s Facts ¶¶4, 5. “Exposure "assessment is [ ] concerned with sources of chemicals[,] chemical releases into the environment!!,] and, with respect to human exposure, how and how often people come into contact with particular chemicals.” Def.’s Facts ¶ 23; PL’s Facts ¶ 23. In contrast, “[analysis of the degradation of chemicals in waterways, for example, is fate assessment, which feeds or is a component of the broader exposure- 'assessment modeling.” Def.’s Facts If 24; PL’s ¶ Facts 24. The plaintiff is a fate assessor whose “primary duties and responsibilities are to assess *27 chemicals, new and existing, for abiotic fate,” not an exposure assessor. Def.’s Facts ¶¶ 15, 16, 18; Pl.’s Facts ¶¶ 15, 16, 18. And, the plaintiffs EAB colleagues “regard him as a fate assessor, not an exposure assessor.” Defi’s Facts ¶ 17; PL’s Facts ¶ 17. The plaintiff also served as a “work assignment manager,” which involved “coordinating, tracking, and assigning chemicals. for contractors to review.” Pl.’s Facts ¶ 30.

The plaintiffs first-line supervisor since 1997 has been Mary C. Fehrenbacher. Defi’s Facts ¶3; PL’s Facts ¶3. Around September 2009, Fehrenbacher informed her staff at a branch meeting that she had authority to hire a GS-14 exposure assessor, Def-’s Facts ¶ 10; PL’s Facts ¶ 10, and on September 14, 2009, she emailed the EAB staff to inform them of the open GS-14 position, Def.’s Facts ¶ 12 & Def. Ex. 11; Pl.!s Facts ¶ 12. The email’s subject line read “Heads’ Up - GS-14 Exposure Assessor announcement,” and the body of the email stated that the “GS-14 Exposure Assessor announcement should be posted soon on USAJOBS.” Defi’s Facts ¶ 12 & Def. Ex. 11; PL’s Facts ¶ 12. Then, in September 2009, the EPA issued a job announcement, identified as number RTP-MP-2009-0597, to fill a GS-14-level position titled “Interdisciplinary Environmental Engineer/Physical Scientist.” Def.’s Facts ¶8 & Def. Ex. 8; PL’s Facts ¶8. Fehrenbacher was the selecting official for this GS-14 position. Def.’s Facts ¶ 14; PL’s Facts ¶ 14.

The plaintiff applied for the GS-14 position, and based on his application, including his answers to the application questionnaire, he was “certified” (i.e., referred) to Fehrenbacher for consideration. Def.’s Facts ¶¶ 25, 26; PL’s Facts ¶¶ 25, 26. The only other employee whose application was referred to Fehrenbacher for consideration was Christina Cinalli. Def.’s Facts ¶¶ 27, 28; PL’s Facts ¶¶ 28, 29. Cinalli, who is younger than the plaintiff, began her career with the EPA in 1987 as an exposure assessor. Def.’s Facts ¶ 21; PL’s Facts ¶ 21; At the time of her application, Cinal-li was an EAB exposúre assessor, and she is regarded as an exposure assessor by her ÉAB colleagues. Def.’s Facts ¶¶ 19, 20; PL’s Facts ¶¶ 19, 20; Using a weights and screenouts report, the plaintiffs application was assigned a score of 92.02, while Cinalli’s application received a score of 94.5. 2 PL Ex. 16 (Anthony Dep.) at 36:4-20. Fehrenbacher selected Cinalli for the GS-14 position in November 2009. Def.’s Facts ¶ 29; PL’s Facts ¶ 29.

The plaintiff “disputéis] any insinuation that the duties and responsibilities of [the two EAB employee subgroups, i.e., exposure assessors and fate assessors] do not overlap, or that a fate assessor will not also conduct exposure assessménts.” PL’s Facts ¶ 5 (further stating that “[b]oth subgroups are required to make a complete Exposure Assessment, hence the name Exposure Assessment Branch”) (internal quotation marks and citations omitted); see also PL’s Facts ¶22 (“Both fate and exposure assessment involve chemistry, and so while maybe different, they are not ‘very different.’ ”). The plaintiff contends that the job announcement for the GS-14 position “was for someone with experience both in exposure assessment and fate and transport assessment.”' PL’s Facts ¶¶ 4-6. The plaintiff therefore disputes that the GS-14 position “was solely for an [exposure [a]ssessor.” PL’s Facts ¶ 9; see PL’s Facts ¶ 11 (stating that the job analysis was written' to indicate that the position was for persons experienced with fate as *28 sessment” and that “a version of the Weights and Screenouts also indicated that fate, assessment was a major duty of the position”) (citing PL Exs. 5 & 6)). The plaintiff does not dispute that he is identified as a; fate assessor in the EAB. Def.’s Facts ¶¶ 15, 16, 18; PL’s Facts ¶¶15,16, 18. Nonetheless, he represents that he also has “some exposure assessment” experience as a result of having conducted “thousands of exposure assessments,” PL’s Facts ¶¶ 4, 5, and by virtue of serving as a “FOCUS group representative and backup FOCUS group representative,” “an interdisciplinary group of scientists” that “review the hazards, chemistry, exposures assessment^] and engineering];,] and [who] make some preliminary decisions about new chemicals” at meetings to which “the EAB sends exposure assessors,” PL’s Facts ¶ 15 (internal quotation marks and citation omitted).

B. The Plaintiffs Retaliation Allegations

In July 2006, three years before the vacancy at issue here was announced, the plaintiff “formally requested that the Human Resources Office conduct a desk audit, because of his belief that his position warranted upgrading.” PLEx.-13. at Ma-mantov-000279.

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Cite This Page — Counsel Stack

Bluebook (online)
142 F. Supp. 3d 24, 2015 U.S. Dist. LEXIS 147840, 2015 WL 6693742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mamantov-v-mccarthy-dcd-2015.