Morris v. U.S. Dep't of Justice

298 F. Supp. 3d 187
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 27, 2018
DocketCivil Action No. 17–198 (RDM)
StatusPublished
Cited by3 cases

This text of 298 F. Supp. 3d 187 (Morris v. U.S. Dep't of Justice) 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
Morris v. U.S. Dep't of Justice, 298 F. Supp. 3d 187 (D.C. Cir. 2018).

Opinion

RANDOLPH D. MOSS, United States District Judge

Plaintiff Kandi Morris, proceeding pro se , brings this action against her former employer, the U.S. Department of Justice, for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. , and the Equal Pay Act of 1963, 29 U.S.C. § 206(d). Morris claims that she was terminated from her position as a FOIA Specialist "without just cause" and that, while she was employed at the Department, she "did not receive pay commensurate with [her] education and experience" and was paid "at a rate lower than [her] male counterparts." Dkt. 1 at 1. The Department moves to dismiss, or in the alternative, for summary judgment, on two grounds: first, as a procedural matter, Morris failed to exhaust her administrative Title VII remedies in a timely manner, and, second, as a substantive matter, the uncontroverted evidence demonstrates that she was paid at the same rate as her male counterparts. The Court agrees on both counts and will, accordingly, grant summary judgment in favor of the Department.

I. BACKGROUND

For the purpose of evaluating the Department's motion for summary judgment, the following uncontroverted facts are construed *189in the light most favorable to Morris as the nonmoving party. See Arrington v. United States , 473 F.3d 329, 333 (D.C. Cir. 2006).

Morris, who is an African-American woman, worked at the Department of Justice as a FOIA Specialist with the Office of Information Policy ("OIP") for approximately seven months, until she was terminated in early 2011. Dkt. 10 at 3-4; Dkt. 10-2 at 5. She was hired under the Federal Career Intern Program ("FCIP"), which "allowed agencies to appoint qualified individuals in entry level positions in the excepted services and, upon successful completion of a two[-]year internship period, convert those ... appointments to career or career-conditional positions in the competitive service." Dkt. 9 at 3 (Def.'s SUMF ¶ 2); Dkt. 13 at 5 (Pl.'s SUMF ¶ 36). FCIP employees were eligible for a grade increase after one year of service. Dkt. 10-1 at 128 (Pustay Interrogatory).

When Morris was offered the FOIA Specialist position under the FCIP, she objected to the starting salary, explaining that the job advertisement stated that the "[s]alary [would] be determined [based on] educational level, GPA, and work experience," Dkt. 13 at 2 (Pl.'s SUMF ¶ 2); Dkt. 10-1 at 253, and that, based on those measures, she was entitled to a higher salary, Dkt. 13 at 2 (Pl.'s SUMF ¶¶ 3, 5). As Morris concedes, id. (Pl.'s SUMF ¶ 3), her OIP contact, Laurie Day, responded to this complaint by explaining that "all FOIA Specialists were started at the same grade regardless of educational level, GPA[,] or work experience." Id. (Pl.'s SUMF ¶ 3). Day, moreover, later confirmed under the penalty of perjury that "[a]ll candidates hired under the [FCIP] in the Office of Information Policy were hired at the GS-7 level." Dkt. 10-1 at 148 (Day Interrogatory). As Day explained, "when OIP first began to use the FCIP, ... the Justice Management Division ... advised that all candidates had to start at either the GS-5 or GS-7 level because the FCIP required that individuals show progressive advancement on the FOIA Specialist career ladder [which ran from GS-5 to GS-11] in order to successfully complete the program and be converted to a competitive service appointment." Id. at 149. Although Morris contends that by slotting her at the GS-7 level OIP "disregarded [her] educational level, GPA[,] [and] work experience," Dkt. 13 at 2 (Pl.'s SUMF ¶ 5), she does not controvert the Department's assertion, Dkt. 9 at 4 (Def.'s SUMF ¶ 3), or the uniform testimony in the administrative process, that all of the FOIA Specialists that OIP hired under the FCIP "were appointed at the GS-7, Step 1 level," id. ; see also Dkt. 10-1 at 124 (Pustay Interrogatory); id. at 148 (Day Interrogatory); id. at 136 (Mallon Interrogatory); id. at 165 (Douglas Affidavit); id. at 179 (Souser Affidavit); id. at 193 (Smith Affidavit); id. at 204 (Logan Affidavit) ("To my knowledge, if I can recall, I think it's either a 5 or a 7."). Morris attests that, despite the GS-7 pay grade, she accepted the position on the understanding that "after one year, the pay would automatically increase to a GS-9 [level] and[,] after the second year, it would go to a GS-11 [level]." Dkt. 10-1 at 100 (Morris Affidavit). The Department, in turn, does not dispute that these grade increases were "available," but asserts that they were not "automatic" and, instead, were "based off of performance." Dkt. 10-1 at 166 (Hibbard Affidavit).

Morris never reached the one-year mark, however. According to Morris, the FCIP was terminated on December 27, 2010, and those serving "under the FCIP as of March 1, 2011," were "converted to the competitive service." Dkt. 13 at 2-3 (Pl.'s SUMF ¶¶ 7-8); see also Exec. Order No. 13562, 75 Fed. Reg. 82,585 (Dec. 27, 2010). On January 26, 2011, between the termination of the FCIP and the March 1 *190conversion date, Morris was told by OIP's Chief of Staff, Carmen Mallon, that she "was being terminated from the Department of Justice for budget reasons." Id. at 3 (Pl.'s SUMF ¶ 14). Morris asked "for a written statement [of] the reason for [her] termination," but OIP leadership declined that request and, instead, offered Morris "the option" of resigning. Id. (Pl.'s SUMF ¶ 16). Morris, in turn, declined and contacted the Justice Management Division ("JMD") "to report the unfair treatment and to ask why her reasons for termination would not be committed to writing." Id. at 3-4 (Pl.'s SUMF ¶ 19). Although JMD did not respond to that request, she was eventually presented with a "one-page document" that was purportedly from JMD, which "stated that [Morris] was being terminated for poor performance." Id.

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298 F. Supp. 3d 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-us-dept-of-justice-cadc-2018.