Webster v. Rumsfeld

156 F. App'x 571
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 1, 2005
Docket04-1739
StatusUnpublished
Cited by12 cases

This text of 156 F. App'x 571 (Webster v. Rumsfeld) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Webster v. Rumsfeld, 156 F. App'x 571 (4th Cir. 2005).

Opinions

TRAXLER, Circuit Judge:

Kirk E. Webster brought this action against the Secretary of Defense for race discrimination and retaliation under Title VII of the Civil Rights Act of 1964, see 42 U.S.C.A. §§ 2000e to 2000e-17 (West 2003), while employed with the National Imagery and Mapping Agency (“NIMA” or “Agency”) of the Department of Defense, and for NIMA’s alleged breach of a [573]*573settlement agreement. Prior to discovery, NIMA filed a motion to dismiss or for summary judgment, and the district court granted summary judgment. We affirm in part, reverse in part, and remand.

I.

Webster, an African-American male, was employed by NIMA as a cartographer in 1988 and, beginning in 1993, worked the night shift on the DE Alpha cartography system. In 1997, Webster filed an Equal Employment Opportunity (“EEO”) complaint of race discrimination against NIMA, which the parties settled by written agreement. On April 5, 2000, Webster initiated a second EEO complaint against NIMA, alleging that he had been subjected to adverse employment actions during 1999 and 2000 that were motivated by racial discrimination and in retaliation for his prior EEO activity. Webster was a GS-11 level employee at the time.

Pending a hearing before the Administrative Law Judge (“ALJ”), Webster and NIMA engaged in settlement negotiations. In September 2001, Webster’s counsel sent an e-mail message to NIMA’s counsel, purporting to confirm several terms of a settlement agreement between them, including (1) that Webster would receive a retroactive promotion to Pay Band IV (equivalent to GS-13, Step 5) from September 1999 through March 2000, and a retroactive promotion within Pay Bank IV (equivalent to GS-14, Step 1) from March 2000 forward, as well as back pay in a lump-sum amount; (2) that Webster would receive retroactive agency contributions to his Thrift Savings Plan to reflect the back pay and merit increases, and (3) that the Agency would annotate Webster’s 2001 performance appraisal to reflect that his position was the equivalent of a Job Lead position. Webster’s counsel also advised the ALJ of the settlement negotiations and informed the ALJ that the request for an administrative hearing would be withdrawn subject to final confirmation of the settlement terms. On October 2, 2001, the ALJ dismissed Webster’s complaint.

On October 17, 2001, the parties executed a written Settlement Agreement in which NIMA agreed to (1) promote Webster to Pay Band IV, retroactive to September 6, 1999, to include back pay; (2) pay Webster’s attorneys fees and costs in the amount of $15,987 directly to counsel within 30 days of the execution of the agreement; (3) pay Webster $10,000 for compensatory damages and $770 for out-of-pocket medical expenses; and (4) restore 40 hours of sick leave and 40 hours of annual leave. In return, Webster agreed to relinquish all pending administrative complaints and waived the right to assert the claims in court. Webster acknowledged and agreed that there were “no other terms, obligations or conditions of this agreement for either party to this agreement, except those expressly stated herein.” J.A. 135.

In December 2001, Webster’s counsel advised NIMA’s counsel that Webster had not received back pay for his promotion to GS-13, Step 5, from September 1999 to March 2000, or for his promotion to the GS-14, Step 1, from March 2000 to the present. Webster asserts that NIMA’s EEO Complaint Manager John Sutkowsky advised Webster that he would be promoted to GS-14 effective in the last pay check for the month of December 2001, but later advised Webster (consistent with the written agreement) that NIMA had only agreed to a promotion to Pay Band IV (at GS-13, Step 1).

In January 2002, Webster notified the EEO Director and Sutkowsky that NIMA had breached the settlement agreement by failing to (1) retroactively promote him to GS-13, Step 5, and GS-14, Step 1; (2) make retroactive contributions to his Thrift Savings Plan; (3) annotate his 2001 [574]*574performance appraisal; and (4) timely pay his attorneys’ fees. NIMA admitted that the attorneys’ fee payment was technically late because NIMA had erroneously sent the check to Webster instead of Webster’s attorney, but denied that it had agreed to the other terms, which had been set forth in Webster’s e-mail prior to execution of the written settlement agreement, but not included in the final agreement. With the exception of the attorneys’ fee error, NIMA advised Webster that “the settlement terms are clear and unambiguous, and the terms have been executed as promised.” J.A. 141.

In March 2002, Webster filed a third EEO complaint, alleging that NIMA had breached the settlement agreement and discriminated against him because of his race and in retaliation for his prior EEO activity. The EEOC Office of Federal Operations held that Webster had not shown a breach of the settlement agreement and agreed with NIMA’s rejection of the claim. On November 4, 2002, Webster initiated this action in the United States District Court for the District of Columbia, alleging breach of the settlement agreement, discrimination and retaliation. The case was transferred to the District of Maryland on March 7, 2003.

In the summer and fall of 2002, while Webster’s third EEO complaint was pending administrative review, Webster alleges that a number of adverse changes occurred in his employment. Although the cartographers had been advised that the DE Alpha workstations were going to be replaced by IEC workstations during the 2004/2005 fiscal year, the replacement occurred ahead of schedule. By November 2002, the DE Alpha workstations had been replaced in the NIMA East location, Webster had been reassigned to a different branch and office, and was no longer working as a DE Alpha cartographer. By the end of the year, Webster’s work role was formally changed to Geospatial Analyst, a position in which Webster claims he had expressed no interest and had no skills to perform.

Also in the fall of 2002, Webster received a downgraded annual evaluation. Although his performance appraisal was termed “excellent,” he was not recommended for promotion to Pay Band V and did not obtain a numerical rating high enough to qualify for a bonus. According to Webster’s supervisor, who had recommended Webster for promotion in earlier years, Webster was not recommended in 2002 because he needed to be “more front and center” and “get [himself] out a little more.” J.A. 40 (internal quotation marks omitted). According to Webster, the DE Alpha workstations remained in production in NIMA West until February 2004 and cartographers similarly situated to him continued to receive promotions.

In January 2003, Webster filed his fourth EEO complaint, alleging that the changes to his work role, and the subsequent denial of a promotion recommendation and bonus, were due to continued racial discrimination and retaliation. Webster did not participate in the administrative investigation and planned instead to amend his federal complaint to assert these claims.

The year 2003 brought more changes. Webster again received a performance rating of “excellent,” as well as a salary increase, but he failed to garner a score sufficient to qualify for a bonus. Webster was also moved from night shift to day shift in August 2003, which resulted in the loss of a pay differential.

As noted above, Webster’s complaint was transferred to the Maryland district court in March 2003, but no discovery had taken place. Given Webster’s mounting complaints, the parties filed a joint motion to stay discovery and a consent motion for

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Bluebook (online)
156 F. App'x 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webster-v-rumsfeld-ca4-2005.