Rogers v. Voltron Data, Inc.

CourtDistrict Court, District of Columbia
DecidedOctober 31, 2024
DocketCivil Action No. 2024-0084
StatusPublished

This text of Rogers v. Voltron Data, Inc. (Rogers v. Voltron Data, Inc.) 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
Rogers v. Voltron Data, Inc., (D.D.C. 2024).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

AKILAH ROGERS, : : Plaintiff, : Civil Action No.: 24-84 (RC) : v. : Re Document No.: 15 : VOLTRON DATA, INC., et al., : : Defendants. :

MEMORANDUM OPINION

DENYING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

Plaintiff Akilah Rogers sued her employer, Voltron Data, Inc. (“Voltron”), as well as the

company’s Chief Executive Officer, Joshua Patterson, for race discrimination, sex

discrimination, pay discrimination, and retaliation in violation of 42 U.S.C. § 1981, the Equal

Pay Act of 1963 (“EPA”), Title VII of the Civil Rights Act of 1964 (“Title VII”), and the District

of Columbia Human Rights Act (“DCHRA”). She alleges that Defendants unlawfully

compensated her less than her male colleagues of a different race and denied her an equivalent

title. She additionally alleges that because she raised the issue with Voltron executives, she

experienced retaliation and was eventually terminated. Defendants move to dismiss Rogers’s

Second Amended Complaint (“SAC”). The Court denies that motion for the reasons discussed

below.

II. FACTUAL BACKGROUND

According to the allegations in the Second Amended Complaint, which the Court accepts

as true at this stage of the litigation, Rogers is a Black woman who worked as Vice President of

Operations at Voltron from May 2022 until July 2023. SAC ¶ 3. During the relevant period, Joshua Patterson served as the company’s Chief Executive Officer. Id. ¶¶ 2, 8. Rogers alleges

that as of early 2022, Rodrigo Aramburu served as Voltron’s Chief Operating Officer,

overseeing the company’s “business operations, legal, human resources, IT enterprise, finance,

and communications departments.” Id. ¶ 9. According to her allegations, the company

transferred Aramburu to the role of Chief Product Officer due to poor performance in the COO

role, and he was later “placed on an official performance improvement plan.” Id. ¶¶ 10–11.

In May 2022, Patterson hired Rogers as Vice President of Operations. Id. ¶ 12. Rogers

alleges that she has “more than a decade of high-level, highly responsible business leadership

experience.” Id. She “directly took over Aramburu’s role and responsibilities, reported to the

CEO, and was hired to perform substantially similar work.” Id. ¶ 13. Rogers alleges that after

taking over Aramburu’s duties, she took a more active role in Voltron’s human resources

department, improved the company’s relationship with legal counsel, and streamlined operations.

Id. ¶ 15. She also alleges that she “became the senior point person for investor relations,” hired

and trained “key leaders,” and “served as an essential advisor to Patterson . . . and the

Company’s C-Suite executives.” Id. ¶ 16. “Patterson regularly told Rogers that she was one of

the best hires he had made at the company,” id. ¶ 17, and informed her that “the Board had

praised her background and work,” id. ¶ 20.

Despite occupying the same role as Aramburu, Voltron “gave Rogers a lower title and

compensated her less than her male, non-Black predecessor.” Id. ¶ 13. She also “received

dramatically less equity than her predecessor and the other male and non-Black VPs.” Id. ¶ 18.

In April 2023, “Rogers asked Patterson for a title change and an increase in equity . . . to put her

on a level playing field with similarly situated men at the company.” Id. ¶ 19. Patterson denied

2 that request, asserting that the three-member board, of which he was a member, would not

approve the title change. Id. ¶ 20.

In May 2023, Patterson again refused Rogers’s request for a title change and additional

equity, informing her that she was required to “manage sales in addition to her current

responsibilities if she wanted to be COO.” Id. ¶ 21. When she expressed that these higher

standards reflected the “plight of the professional Black woman,” Patterson—who Rogers states

is Black—“acknowledged that ‘this is what we deal with’ or words to that effect.” Id. Rogers

additionally discussed the request for a title change and equal pay with the Vice President of

Human Resources, Mike Smart, who expressed that Rogers was “basically the COO” and that he

believed the company was “moving the goalposts” on her. Id. ¶ 23.

Rogers alleges that her professional relationship with Patterson deteriorated after these

conversations and that “Defendants undertook a campaign to force Rogers from her job.” Id.

¶ 28. After she “spoke up, requested to be paid on par with men, and attributed her mistreatment

to her race and gender,” Patterson “began undermining and disparaging Rogers publicly.” Id.

¶ 24. He “attacked Rogers on email chains and Slack channels,” “undermined her” in front of

others, “suddenly removed her from projects and teams she was leading or part of, disinvited her

from key leadership meetings, and heavily curtailed her decision-making authority.” Id. Rogers

reported most of these incidents to Smart. Id. ¶ 25. At one follow-up meeting, “Patterson made

clear that he knew of, and was taking action against Rogers because of, her complaints of

discrimination . . .[,] express[ed] fury that Rogers had ‘brought in’ HR,” and “asserted that there

was ‘no so-called glass ceiling’ at Voltron.” Id. ¶ 26.

Voltron terminated Rogers on July 10, 2023, asserting that “Rogers’s position was being

eliminated.” Id. ¶ 30. She alleges that male employees who “underperform[ed]” were not often

3 terminated, and that she “was the first senior employee of the Company whose termination was

made effective immediately and without prior written notice of major misconduct, ongoing

issues regarding the quality of a person’s work, and/or multiple verbal warnings.” Id. ¶ 31. She

compares her treatment to Voltron’s treatment of Aramburu, whom the company allowed to shift

to multiple roles rather than dismissing him. Id. ¶ 32. She also cites “a different male employee

who simply stopped working—abandoning his job for months—remained in his position and

continued to draw his salary and accrue unvested equity.” Id. She alleges that other men who

“were not working their scheduled hours, or performing their duties, remained employed without

consequence,” and that Patterson “refused to take action against” them. Id. In contrast, “[a]t

least three women were forced to leave the Company because of Patterson’s and Aramburu’s

mistreatment and hostility toward them.” Id. ¶ 14.

Rogers asserts that she filed charges with the Equal Employment Opportunity

Commission, id. ¶ 59, and she then filed this lawsuit on January 9, 2024, see Compl., ECF No. 1.

She filed the operative Second Amended Complaint on May 30, 2024, see SAC, ECF No. 13-1,

and Defendants moved to dismiss on July 1, 2024, see Def.’s Mot. Dismiss Second Am. Compl.,

ECF No. 15.

III. LEGAL STANDARD

A motion to dismiss under Rule 12(b)(6) “tests the legal sufficiency of a complaint” by

asking whether the plaintiff has properly stated a claim on which relief can be granted.

Browning v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002). In deciding a motion to dismiss under

Rule 12(b)(6), a court must consider the whole complaint, accepting all factual allegations as true

and drawing all reasonable inferences in favor of the plaintiff. Bell Atl. Corp. v. Twombly, 550

U.S.

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