Schrader v. United States

75 Fed. Cl. 242, 2007 U.S. Claims LEXIS 7, 2007 WL 174128
CourtUnited States Court of Federal Claims
DecidedJanuary 22, 2007
DocketNo. 06-384C
StatusPublished
Cited by3 cases

This text of 75 Fed. Cl. 242 (Schrader v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schrader v. United States, 75 Fed. Cl. 242, 2007 U.S. Claims LEXIS 7, 2007 WL 174128 (uscfc 2007).

Opinion

MEMORANDUM OPINION AND ORDER

CHRISTINE O.C. MILLER, Judge.

This case is before the court after briefing on defendant’s motion to dismiss pursuant to RCFC 12(b)(1). Defendant argues that plaintiffs claims (1) do not fall within the jurisdiction of the United States Court of Federal Claims due to the operation of 28 U.S.C. § 1500 (2000); (2) are barred by the doctrine of res judicata; and (3) are barred by the statute of limitations. Argument is deemed unnecessary.

PROCEDURAL HISTORY

Kathleen M. Schrader (“plaintiff’) filed a Complaint for “Employment Discrimination” in the United States District Court for the District of Columbia, Schrader v. Tomlinson, [244]*244Civ. Act. No. 00-2804 (D.D.C.2004)1 alleging jurisdiction pursuant to “42 U.S.C. § 2000e et seq. The Civil Rights Act of 1964 as amended and the Equal [P]ay Act, 29 U.S.C. 206.” Compl. ¶ 1, Schrader v. Nathanson, Civ. Act. No. 00-2804. The nominal defendant was “the Chairman of the Broadcasting Board of Governors (‘BBG’), which ‘is the federal entity that oversees the International Broadcasting Bureau (“IBB”), [and] is comprised of Worldnet Television and Film Service (‘Worldnet”) [sic], Voice of America (“VOA”), and the Office of Cuba Broadcasting (“OCB”).’ ” Schrader v. Tomlinson, Civ. Act. No. 00-2804, slip op. at 2 (D.D.C. Mar. 30, 2004) (quoting Memorandum of Points and Authorities in Support of Defendant’s Motion for Summary Judgment). Plaintiff asserted that she had been “the subject of a continuing pattern of employment discrimination based upon her gender” by highlighting eight specific instances of discriminatory treatment. Compl. ¶ 2, Schrader v. Nathanson, Civ. Act. No. 00-2804. Plaintiff demanded relief from the federal district court in the form of back pay, equal pay, compensatory damages, promotion, and an order banning defendant from taking retaliatory action.

The named defendant responded with a motion to dismiss or, in the alternative, summary judgment. On March 30, 2004, Judge Reggie B. Walton granted defendant’s motion for summary judgment regarding plaintiffs Title VII claims and granted defendant’s motion for dismissal regarding plaintiffs Equal Pay Act claim, holding that “plaintiffs [Equal Pay Act] claim should be dismissed as jurisdiction lies solely in the Court of Federal Claims.” Schrader v. Tomlinson, Civ. Act. No. 00-2804, slip op. at 8 (order granting motion for summary judgment). Judge Walton transferred plaintiffs claim under the Equal Pay Act, 29 U.S.C. § 206(d) (2000), to the United States Court of Federal Claims pursuant to an order entered on January 23, 2006. Schrader v. Tomlinson, Civ. Act. No. 00-2804 (D.D.C. Jan. 23, 2006) (order transferring remaining Equal Pay Act claim). See 28 U.S.C. § 1631 (2000). Plaintiffs claim was transferred to the Court of Federal Claims on May 11, 2006.

Plaintiff filed her Amended Complaint in the United States Court of Federal Claims on June 2, 2006. The Amended Complaint alleges violation of the Equal Pay Act, 29 U.S.C. § 206 (2000), asserting that she “has been the subject of a continuing pattern of employment discrimination based upon her gender.” Am. Compl. 112. Plaintiff alleges eight specific instances of discriminatory treatment that are almost identical to those alleged in her complaint originally filed in federal district court prior to transfer.

Defendant filed its motion to dismiss on October 2, 2006, requesting (1) dismissal of plaintiffs Equal Pay Act claim due to lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1500 (2000); (2) dismissal of plaintiffs claims as barred by the doctrine of res judicata; (3) dismissal of plaintiffs Equal Pay Act claims that accrued prior to November 21, 1997, as barred by the statute of limitations; and (4) dismissal of plaintiffs claims for relief pursuant to Title VII of the Civil Rights Act of 1964 for lack of subject matter jurisdiction.

FACTS

The facts recited below are drawn from plaintiffs Amended Complaint, unless otherwise noted. Plaintiff is a female employee of defendant as a “GS 12/8 Broadcast technician in the Video Tape Branch, Technical Operations Directorate, Office of WorldNet Television and Film Services,” who was been employed by the Government for twelve years. Am. Compl. 111.

Plaintiff alleges eight specific instances of discriminatory treatment. She received a performance evaluation rating from her supervisor that later was changed from “outstanding” to “satisfactory” by the reviewing official. She did not receive the same Quality Step Increases her male coworkers received between 1990-97 for special achievements, when their achievements were no [245]*245greater than her own. She was not given a “within grade award” after learning on her own time how to use a computer editing system called Avid, although she had been chosen in 1994 to be on the team using Avid exclusively, when another male coworker received such an award after learning the Avid program on the job. Her male coworker was chosen as a lead technician in February 1998, when plaintiff was performing work that would have justified similar recognition for her. Two male coworkers were selected in October 1998 to edit a new program entitled “This week,” even though plaintiff had more experience than one of the males selected. Plaintiff was paid less than one of her male coworkers, Mr. Maniscalco, even though they perform exactly the same work. She was denied the same cash award that two of her male coworkers received for performance because of her gender. Finally, she was excluded from a Voice of America detail because of her gender, although she was qualified for participation.

Plaintiff requests relief in the form of: (1) full back pay and equal pay; (2) promotion to the position to which she is entitled; (8) a ban on retaliatory conduct; (4) an award of attorney’s fees and court costs; (5) compensatory damages as provided by statute; and (6) any additional relief the court deems appropriate.

DISCUSSION

1. Standard of review

Defendant moves to dismiss plaintiffs complaint under RCFC 12(b)(1) for lack of subject matter jurisdiction. When a federal court hears such a jurisdictional challenge, “its task is necessarily a limited one.” Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). “The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.” Id. The court must accept as true the facts alleged in the complaint, and must construe such facts in the light most favorable to the pleader. See Henke v. United States,

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Cite This Page — Counsel Stack

Bluebook (online)
75 Fed. Cl. 242, 2007 U.S. Claims LEXIS 7, 2007 WL 174128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schrader-v-united-states-uscfc-2007.