Mitchell v. Garland

District Court, District of Columbia·Decided July 1, 2024·No. Civil Action No. 2023-2412·Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

GABRIELLE MITCHELL,

Plaintiff,

Civil Action No. 23-2412 (LLA)

v.

MERRICK GARLAND, Defendant.

MEMORANDUM OPINION

Gabrielle Mitchell brings this action against Merrick Garland in his official capacity as Attorney General of the United States. Ms. Mitchell alleges that her employer, the Federal Bureau of Investigation (“the Agency”), discriminated against her, created a hostile work environment, and retaliated against her in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Pending before the court is the Agency’s motion to dismiss. ECF No. 10. For the reasons explained below, the court will grant the Agency’s motion and dismiss the case.

I. Factual Background The following factual allegations drawn from Ms. Mitchell’s Complaint, ECF No. 1, are accepted as true for the purpose of evaluating the motion before the court, Am. Nat’l Ins. Co. v. FDIC, 642 F.3d 1137, 1139 (D.C. Cir. 2011). Ms. Mitchell has worked as an accountant for the Agency since August 2015. ECF No. 1 ¶ 6. She is an African American woman. Id. ¶ 4. At the outset of the COVID-19 pandemic in March 2020, the Agency permitted Ms. Mitchell to telework and work a compressed work schedule (“CWS”) due to her high-risk status stemming from an underlying medical condition. Id. ¶ 7.

On October 20, 2020, Ms. Mitchell’s Unit Chief, Marjorie Hashey, asked Ms. Mitchell to propose a new CWS. Id. ¶ 8. Later that day, Ms. Mitchell emailed a proposed CWS to Ms. Hashey and to Supervisory Accounting Analyst Nichole Remaley-Danylec. Id. ¶ 9. On November 3, having not received a response to her proposed CWS, Ms. Mitchell began working the new schedule and followed up with Ms. Hashey and Ms. Remaley-Danylec via email. Id. ¶ 10. Ms. Remaley-Danylec responded via email that Ms. Mitchell’s proposed CWS had not been approved and that any hours reported outside of the existing CWS would be charged as leave. Id. ¶¶ 11-12. Around this time, Ms. Remaley-Danylec sent an email to her subordinates, including Ms. Mitchell, informing them that her own schedule had changed “once again” due to childcare needs. Id. ¶ 13. Ms. Mitchell also had scheduling concerns related to childcare. Id. ¶ 14. Ms. Mitchell “felt she was being treated differently” with respect to her schedule and communicated those concerns to management. Id. 1 On November 22, Ms. Mitchell asked Ms. Remaley-Danylec via text message if she could change her telework day that week from Thursday to Monday. Id. ¶ 15. After not receiving a response, Ms. Mitchell sent another text message stating that she felt that she was being treated unfairly. Id. ¶ 17. The following day, Ms. Mitchell forwarded her request about switching her telework day to Ms. Hashey. Id. ¶ 18. Ms. Hashey approved the request, but also informed Ms. Mitchell that she would have “to work on holidays and her holiday hours would be limited.” Id. ¶ 19. Ms. Mitchell emailed Ms. Remaley-Danylec to tell her that Ms. Hashey had approved her request. Id. ¶ 20. Ms. Remaley-Danylec responded by denying the request but informing

1 Where a filing is inconsistently numbered or paginated, see, e.g., ECF No. 1 ¶¶ 13, 14, the court nonetheless cites to the document as filed.

Ms. Mitchell that she could take leave or switch her in-office day from Monday to Friday. Id. ¶ 21.

On November 24, Ms. Remaley-Danylec emailed Ms. Mitchell asking to schedule her wrap-up meeting for fiscal year 2020. Id. ¶ 22. The following day, Ms. Mitchell emailed Section Chief Kamile Narine, with Ms. Hashey and Ms. Remaley-Danylec copied, asking for a meeting to address her alleged disparate treatment. Id. ¶ 23. The same day, Ms. Mitchell was notified that her wrap-up meeting was being cancelled for a second year in a row. Id. ¶ 24.

On December 2, Ms. Mitchell met with Mr. Narine to discuss the alleged disparate treatment (“being denied her wrap-ups, being told to work on federal holidays, and Ms. Remaley-Danylec’s and Ms. Hashey’s failure to provide timely responses”). Id. ¶ 27. On December 8, Ms. Hashey and Ms. Remaley-Danylec conducted Ms. Mitchell’s wrap-up meeting for fiscal year 2020. Id. ¶ 28. Ms. Mitchell claims that her supervisors relied on incorrect, pretextual information to give her an unfavorable rating. Id. On that same day, Ms. Remaley-Danylec admonished Ms. Mitchell for entering “advisements” in the system that tracks attendance and hours, although Ms. Mitchell alleges that this had been her longtime practice without issue. Id. ¶ 29.

On December 28, Ms. Hashey changed Ms. Mitchell’s schedule without notifying her. Id.

¶ 30. On February 10, 2021, Ms. Remaley-Danylec changed Ms. Mitchell’s permitted telework hours; while Ms. Mitchell had previously been allowed to telework from 5:00 a.m. to 10:00 p.m., she was now limited to 6:00 a.m. to 6:00 p.m. Id. ¶ 33. Also around this time, Ms. Mitchell discovered that she had been required to take a telework training in September 2020 that other employees had not been required to take. Id. ¶ 31.

Ms. Mitchell also alleges that, between March 2020 and March 2021, Ms. Hashey and Ms. Remaley-Danylec routinely deleted her emails without reading them. Id. ¶ 32.

II. Procedural History In August 2023, after exhausting her administrative remedies, ECF No. 1 ¶ 3, Ms. Mitchell brought this action against Attorney General Garland in his official capacity, alleging (1) disparate treatment based on race; (2) hostile work environment; and (3) retaliation. ECF No. 1. The Agency filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), ECF No. 10, which has now been fully briefed, ECF Nos. 12, 14. For the reasons explained below, the court will grant the Agency’s motion to dismiss.

III. Legal Standard

Under Rule 12(b)(6), the court will dismiss a complaint that does not “contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 622, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. In evaluating a motion under Rule 12(b)(6), a court accepts all factual allegations in the complaint as true. See Erickson v. Pardus, 551 U.S. 89, 94 (2007); see also Atherton v. D.C. Off. of the Mayor, 567 F.3d 672, 681 (D.C. Cir. 2009). Although the plausibility standard does not require “detailed factual allegations,” it “requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555. Nor will “‘naked assertions’ devoid of ‘further factual enhancement’” suffice. Ashcroft, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 557). While a Title VII plaintiff need not establish a prima facie case of discrimination at the pleading stage, see Swierkiewicz v. Sorema N.A., 534 U.S. 506, 510-11

(2002), she must allege sufficient facts beyond mere legal conclusions to allow the court to draw a reasonable inference of discrimination from the complaint. “If a Title VII plaintiff fails to plead ‘sufficient factual matter’ to state a discrimination claim that is ‘plausible on its face,’ then the district court should dismiss the case before discovery.” Chambers v. District of Columbia, 35 F.4th 870, 878 (D.C. Cir. 2022) (en banc) (quoting Harris v. D.C. Water & Sewer Auth., 791 F.3d 65, 68 (D.C. Cir. 2015)).

IV. Discussion

Ms. Mitchell alleges that the Agency violated Title VII by discriminating against her based on her race, creating a hostile work environment, and retaliating against her for engaging in a protected activity. ECF No. 1. The complaint cannot withstand the Agency’s motion to dismiss because it fails to raise plausible claims. See Chambers, 35 F.4th at 878.

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