Vicino v. Maryland

982 F. Supp. 2d 601, 2013 WL 5973154, 2013 U.S. Dist. LEXIS 159909, 120 Fair Empl. Prac. Cas. (BNA) 1120
CourtDistrict Court, D. Maryland
DecidedNovember 8, 2013
DocketCivil No. JKB-12-2790
StatusPublished
Cited by3 cases

This text of 982 F. Supp. 2d 601 (Vicino v. Maryland) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Vicino v. Maryland, 982 F. Supp. 2d 601, 2013 WL 5973154, 2013 U.S. Dist. LEXIS 159909, 120 Fair Empl. Prac. Cas. (BNA) 1120 (D. Md. 2013).

Opinion

MEMORANDUM AND ORDER

JAMES K. BREDAR, District Judge.

Megan E. Vicino (“Plaintiff’) brought this suit against the Maryland Department of Natural Resources (“DNR”) alleging employment discrimination on the basis of sex and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991. See 42 U.S.C. § 2000e et seq. Plaintiff also brought this suit against her former supervisor David Powell (“Powell”) to recover damages stemming from his alleged employment discrimination on the basis of sex. See 42 U.S.C. § 1983. Now pending before the Court is Defendants’ motion for summary judgment. (ECF No. 21.) The Court has considered the motion, Plaintiffs response in opposition (ECF No. 23), and Defendants’ reply thereto (ECF No. 24). No hearing is required, Local Rule 105.6 (D.Md. 2011). The motion will be DENIED.

1. Factual Background1

Plaintiff was hired by DNR to work as a probationary2 park ranger at Seneca Creek State Park and began working on July 1, 2009. (Am. Compl. ECF No. 7, ¶ 8; Defs.’ Mot. Summ. J., Ex. 2, Dep. Vicino 18:8-22:7, March 27, 2013, ECF No. 21-4.) Plaintiffs immediate supervisor at Seneca Creek was Sergeant David Powell, the assistant park manager, who reported to Kim Lloyd, the Park Manager. (Id. Ex. 2, Dep. Vicino 22:4-9.) Within the hierarchical structure of DNR, Ms. Lloyd reported [605]*605to the Regional Manager, Daryl Anthony, who reported to the Deputy Superintendent, Lieutenant Colonel Christopher Bushman, who reported to the Superintendent, Nita Settina. Ms. Settina is the DNR official who formally hired Plaintiff and who possessed the formal decision-making authority to terminate Plaintiff. (Id. Ex. 4, Dep. Settina 7:15-8:8, 31:11-13, Feb. 27, 2013, ECF No. 21-6.)

At the time of her hire, Plaintiff was the second of two full-time rangers assigned to Seneca Creek, the other being Ranger Chris Czarra. (Id. Ex. 1, Dep. Powell 12:20-13:3, March 26, 2013, ECF No. 21-3.) Plaintiff and Ranger Czarra were assigned to the same office, but they were not, however, assigned identical works-paces. Ranger Czarra’s work station included a large L-shaped desk with two overhead storage areas and a file cabinet. (PL’s Opp’n, Ex. 3, Dep. Linnemann 17:9— 15, Feb. 26, 2013, ECF No. 23-5.) Plaintiffs work station consisted of a corner computer cabinet with no storage or drawer space. (Id. Dep. Linnemann 19:16-19.) Only after Plaintiff requested improvements to her work space did Sgt. Powell grant her use of two drawers in a file cabinet ordinarily reserved for volunteer rangers. (Id. Ex. 1, Dep. Powell 80:14-81:4; Id. Ex. 11, Decl. Vicino ¶ 3, ECF No. 23-13.) Without any notice to Plaintiff, however, Sgt. Powell later removed the drawers he had given to Plaintiff because he did not want to “ruffle feathers” with the volunteer rangers. (Id. Ex. 1, Dep. Powell 81:2-4.)

Plaintiffs initial responsibilities as a ranger included managing the daily operations of the park, overseeing seasonal rangers, checking people in and out of the rental pavilion, and directing traffic. (Id. Ex. 2, Dep. Vicino 24:12-18.) In October 2009, Sgt. Powell divided the responsibilities of hiring and supervising the park’s seasonal staff between Plaintiff and Ranger Czarra. (Defs.’ Mot. Summ. J., Ex. 9, Powell Mem., ECF No. 21-11.) Plaintiff was also put in charge of recruiting and maintaining contact with park volunteers. (Id.)

Both Sgt. Powell and Plaintiff found it difficult to communicate with each other. Sgt. Powell stated that there was a “trend” in conversations with Plaintiff such that it was often difficult getting information from her. (PL’s Opp’n, Ex. 1, Dep. Powell 49:18-50:5.) Conversely, Plaintiff notes that several female park employees agree that Sgt. Powell does not communicate well with female subordinates and cannot develop the same level of camaraderie with women that he has with male counterparts. (Id. Ex. 3, Dep. Linnemann 39:19-40-10; Id. Ex. 18, Dep. Diep 17:17-22, Mar. 1, 2013, ECF No. 23-20; Id. Ex. 2, Dep. Vicino 119:11-120:7.) Plaintiff notes further that when she asked Sgt. Powell questions he would not give her direct answers and often answered her with a question or would give contradicting information. (Id. Ex. 2, Dep. Vicino 119:11— 121:6.) When Ranger Czarra would ask Sgt. Powell questions, Sgt. Powell would give Ranger Czarra direct answers. (Id. Dep. Vicino 120:4-121:6.) Sgt. Powell also frequently rejected Plaintiffs suggestions relating to recruiting volunteers without providing explanation or any instruction. (Id. Dep. Vicino 63:11-64:12.)

Beginning October 19, 2009, Plaintiff and Ranger Czarra attended ranger school. (Id. Dep. Vicino 34:3-6.) Plaintiff received passing scores in all respects, although there were two incidents at ranger school reflecting negatively upon Plaintiff. (Id. Ex. 13, Ranger School Scores, ECF No. 23-15.) In the first incident, Plaintiff hurt her ankle while walking in the dark without a flashlight. (Id. Ex. 2, Dep. Vicino 35:19-36:10.) When Plaintiff was asked [606]*606to make an incident report regarding the injury, the facts in her report did not match her original story. (Id. Ex. 10, Dep. Lloyd 53:17-54:3.) Plaintiff originally reported that she did not have a flash light when she fell and hurt her ankle, however, in her written report Plaintiff stated that she did have her flashlight but was merely not shining it at her feet. (Id. Ex. 28, DNR 689, ECF No. 23-30.) In the second incident, Plaintiff discovered that Ranger Czarra left a set of keys in the door of an unattended truck. (Defs.’ Mot. Summ. J., Ex. 6, Dep. Lloyd 67:12-18.) Plaintiff reported the issue to the ranger school deans rather than to Ranger Czarra, whereupon, the deans took the opportunity to simulate the theft and vandalism of a DNR vehicle. (Id. Dep. Lloyd 68:4-18.) Following the incident, however, the deans informed Plaintiff that her initial response should have been to return the keys to Ranger Czarra and her actions had not reflected the teamwork expected among park rangers. (Id. Dep. Lloyd 68:19-70:8; Id. Ex. 4, Dep. Settina 13:1-9.) Ranger school dean Angie Hummer reported these incidents to Ms. Lloyd. (Id. Ex. 6, Dep. Lloyd 53:9-54:10, 66:10-67:11.) Ms. Lloyd later discussed the two incidents with Colonel Bushman and Ms. Settina while driving together from the ranger school graduation ceremony. (Id. Ex. 4, Dep. Settina 9:9-19.) Both Bushman and Settina expressed concern about Plaintiff based on these incidents and Ms. Settina even inquired as to whether they should consider termination at that point. (Id. Dep. Settina 15:12-21; Id. Ex. 5, Dep. Bushman 30:7-15, Feb. 27, 2013, ECF No. 21-7.) Ms. Lloyd, however, advised that they should give Plaintiff the opportunity to return to Seneca Creek. (Id. Ex. 4, Dep. Settina 15:12-21.)

When Plaintiff returned from ranger school, she met with Sgt. Powell and Ms. Lloyd. At that meeting Sgt. Powell and Ms. Lloyd expressed that Plaintiff was not meeting expectations with regard to recruiting volunteers and she needed to improve her efforts to bring in more volunteers. (Pl.’s Opp’n, Ex. 2, Dep.

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982 F. Supp. 2d 601, 2013 WL 5973154, 2013 U.S. Dist. LEXIS 159909, 120 Fair Empl. Prac. Cas. (BNA) 1120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vicino-v-maryland-mdd-2013.