Sagar v. Mnuchin

305 F. Supp. 3d 99
CourtCourt of Appeals for the D.C. Circuit
DecidedApril 12, 2018
DocketCivil Action No. 14–1058 (RDM)
StatusPublished
Cited by6 cases

This text of 305 F. Supp. 3d 99 (Sagar v. Mnuchin) 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
Sagar v. Mnuchin, 305 F. Supp. 3d 99 (D.C. Cir. 2018).

Opinion

Randolph D. Moss, United States District Judge

Plaintiff Vidya Sagar, proceeding pro se , was hired for a one-year probationary period by the U.S. Department of the Treasury and was terminated shortly before the year expired. According to the notice of termination, the Department decided to fire Sagar based on his conduct and performance. Sagar, however, sees it differently and alleges that he was the victim of age discrimination. He brings this action against the Department to challenge his termination, asserting three claims under the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq. He contends, first, that he was terminated because of his age; second, that the Department retaliated against him for engaging in ADEA protected activity; and, third, that he was subjected to a hostile work environment because of his age. The matter is now before the Court on the Department's motion for summary judgment, Dkt. 104. For the reasons that follow, *103the Court will GRANT the Department's motion.

I. BACKGROUND

A. Factual Background

On December 20, 2010, Sagar was hired by the Internal Revenue Service ("IRS") as an Information Technology Specialist at the GS-15 paygrade. Dkt. 101-20 at 3-4 (Pl.'s SUMF ¶¶ 8, 11); Dkt. 104-21 at 1 (Def.'s SUMF ¶ 1). He was 62 years old at the time. Dkt. 104-21 at 1 (Def.'s SUMF ¶ 1). Sagar was one of several Information Technology Specialists hired to help the IRS implement the Affordable Care Act. Id. (Def.'s SUMF ¶ 1). He was assigned to the Premium Tax Credit ("PTC") project, which was "build[ing] the application that calculates [the] applicable tax credit for taxpayers." Id. (Def.'s SUMF ¶ 2). Over the course of Sagar's tenure at the IRS, he had three managers. The first two are the alleged discriminating officials: Matthew Brady, the PTC Section Chief and Sagar's direct manager, and Peter Gianakos, the PTC Branch Chief and Sagar's second-level manager. Id. at 1-2 (Def.'s SUMF ¶ 3); Dkt. 64-6 at 6 (Interrogatory No. 11). The third, Sagar's third-level manager, was also the individual who hired him: Gregory Barry, the Director of Compliance and Document Matching, within the IRS's Affordable Care Act Program Management Office. Dkt. 104-21 at 1, 4 (Def.'s SUMF ¶¶ 1, 13).

Barry served as Sagar's direct manager until January or February 2011, when Gianakos became the Chief of the PTC Branch and thus Sagar's direct manager. Dkt. 100-25 at 5-7 (Interrogatory No. 18). In July 2011, Brady became the PTC Section Chief and replaced Gianakos as Sagar's direct manager. Id. (Interrogatory No. 18). In March 2011, Sagar was "named the requirements lead for the PTC project." Dkt. 101-20 at 7 (Pl.'s SUMF ¶ 27). His "primary responsibility" was to complete the Requirements Plan, Dkt. 104-21 at 2-3 (Def.'s SUMF ¶ 6), which "document[ed] the activities, methods, and techniques that w[ould] be used to perform and support Requirements Development ... and Requirements Management ... for the Premium Tax Credit ... Project," Dkt. 85-8 at 7.

According to the Department and one of Sagar's colleagues, Jonathan Lin, Sagar "began to have negative encounters" with Lin as early as February 2011. Dkt. 104-21 at 2 (Def.'s SUMF ¶ 4). Although Lin did not immediately bring these encounters to the attention of management, he kept a running list of the episodes on his work computer. Dkt. 104-6 at 7 (Lin Dep. 42:12-44:19); see id. at 22-23 (Lin's notes). According to those notes, during the first incident, Sagar (who was not Lin's supervisor) "lectured" Lin "in the break room," prompting Lin to email Sagar to ask that they "treat each other with professional courtesies." Dkt. 104-6 at 22. During subsequent incidents, Sagar purportedly told Lin that he was "not a team player" and "hung up" the telephone on him; interrupted Lin at a meeting with harsh criticism implying that Lin had "confuse[d]" two distinct concepts; and, at another meeting, "threw down his pencil and started to lecture" Lin for having interrupted him, only to then himself interrupt another participant. Id. at 22-23. Finally, Lin's notes report that, at a meeting on May 23, 2011, Sagar "grabbed the [telephone] microphone while [Lin] was speaking and moved it directly in front of him" and, then, "after he finished [speaking], he threw it across the table [in Lin's] direction." Id. at 22. As the parties describe it, the "microphone" was an extension of a "spider" conference phone, which was typically passed among participants during conference calls. See Dkt. 104-6 at 16 (Lin Dep. 112:4-16); Dkt. 104-21 at 2 (Def.'s *104SUMF ¶ 4). Sagar, for his part, disagrees with Lin's account. He asserts that he "treated Lin with respect and helped Lin," Dkt. 112-4 at 4 (Pl.'s Response to Def.'s SUMF); that Lin was "uncooperative [and had an] antagonistic attitude," id. at 10; and that Lin "made up [some of the] events [and] distorted facts ... to get [an] outstanding [performance] rating," id. at 9.

The parties also disagree about the quality of Sagar's work as a Technology Specialist. According to Brady, when the template for the Requirements Plan was changed, the Plan "needed to be updated to follow the new template," but Sagar failed to do so in a timely manner. Dkt. 104-8 at 4 (Brady Dep. 35:20-22). The Requirements Plan, in Brady's view, "was not that complicated," and Sagar should have been able to update it more quickly and without assistance from others.

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Cite This Page — Counsel Stack

Bluebook (online)
305 F. Supp. 3d 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sagar-v-mnuchin-cadc-2018.