Wiggins v. McHugh

900 F. Supp. 2d 1343, 2012 WL 4583541, 2012 U.S. Dist. LEXIS 142568
CourtDistrict Court, S.D. Georgia
DecidedOctober 2, 2012
DocketNo. CV 109-142
StatusPublished
Cited by2 cases

This text of 900 F. Supp. 2d 1343 (Wiggins v. McHugh) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wiggins v. McHugh, 900 F. Supp. 2d 1343, 2012 WL 4583541, 2012 U.S. Dist. LEXIS 142568 (S.D. Ga. 2012).

Opinion

ORDER

DUDLEY H. BOWEN, District Judge.

Plaintiff Ayanna Wiggins, a black female, is suing her former employer, Defendant John M. McHugh, Secretary for the Department of the Army, asserting claims of race discrimination, retaliation, and hostile work environment. The case is presently before the Court on the Army’s motion for summary judgment. Upon consideration of the record evidence, the relevant law, and the briefs of counsel, the motion is GRANTED.

I. BACKGROUND

A. Plaintiffs Early Employment

Plaintiff was hired as a marketing assistant in the office of Morale, Welfare, and Recreation (“MWR”) at Fort Gordon, Georgia, in June 2002.1 MWR is an organization that enhances “the quality of life and readiness by continually improving re[1346]*1346creational, social, educational, and personal services to [ ] service members, their families and community.” As a marketing assistant, Plaintiff promoted MWR activities and programs. She also worked on the MWR magazine — FYI—which advertises local businesses and promotes activities at Fort Gordon. When Plaintiff starting working for MWR, FYI was a black-and-white booklet, less than thirty pages in length.

In the beginning, Plaintiffs immediate supervisor was the marketing director, Chris Rieke. Shortly thereafter, Ellen Shepard became the marketing director. The office in which Plaintiff worked was relatively small. Kim Lyons worked as the commercial sponsorship coordinator. (Lyons Dep. at 11.) There was also a graphic designer, an illustrator, and a salesperson in the office. Outside the immediate office, Plaintiffs second level supervisor was Mildred Hazelrigs, Chief of the Financial Management Division, and her third level supervisor was James Green, Director of MWR at Fort Gordon.

In December of 2002, Plaintiff became advisor to the Better Opportunities for Single Service members (“BOSS”) program, which organizes special events and volunteer initiatives. Plaintiff managed the day-to-day activities of the program, working with soldiers within the program and acting as a liaison to MWR. Under the direction of Shepard, Plaintiff also became the editor of FYI. Plaintiff explains this role as follows:

I basically decided the things we were going to include in the magazine each month as far as like theme-wise. I worked with the [facility] managers to get the information that they would be putting in. If there were people available to write articles, I would work with them to get those articles, and I also wrote articles as well. And I worked closely with Bartley Harper, the graphic designer.

(Pl.’s Dep. at 29.)

B. Plaintiffs First EEO Complaint

In late 2005, Shepard resigned her position as marketing director, and both Plaintiff and Lyons applied for the position. Lyons, a white female, was hired, and Plaintiff filed an EEO complaint alleging race discrimination in February 2006. Plaintiff contends that the bachelor’s degree requirement for the position was removed to allow Lyons, who did not have a degree, to obtain the job.2 (Pl.’s Dep. at [1347]*134718-21.) Plaintiff has a master’s degree. (Id. at 8.)

As a result of her 2006 EEO complaint, the Army performed a desk audit at Plaintiffs request, which involved the evaluation of Plaintiffs job duties.3 (See generally Pl.’s Dep., Ex. 1.) Thereafter, the Army changed Plaintiffs position to Public Relations Coordinator effective April 19, 2007. (Def.’s Ex. 4.) She did not get any additional duties, but her position became more focused on public relations as opposed to marketing. Plaintiff retained her position as editor of FYI.

C. Plaintiffs Employment Under Lyons

According to Plaintiff, after Lyons became marketing director and her first level supervisor, Plaintiffs work atmosphere changed. Plaintiff explains:

I just really never knew what I was going to be dealing with when I walked into the office.... [Lyons] was just in my face a lot about things that — I felt like she tried to blame me for things that were not right.... I felt that, you know, prior to her being selected for the position, I was involved in marketing, like whatever we had going on, I was involved. I had a role. But once she became manager, I noticed that I was kind of being kept out of the loop on things that were directly related to my job. When I would express that to her, I was often met with hostility.

(PL’s Dep. at 32.) Plaintiff continues:

And, you know, it wasn’t so much that she made it difficult, because I could probably deal with that, but I noticed that other people in the office were not being treated the way that I was being treated.
And so, you know, toward the end, the FYI magazine was the bone of contention. That was the thing that, you know, constantly thrown in my face like I wasn’t doing what I was supposed to do so that the magazine could go out in a timely manner. And I felt like it was less about that and more' about the fact that she was in this role and she had the power to make my life hell, and she did.

(Id. at 33.)

The FYI magazine was indeed the bone of. contention in Plaintiffs last years of employment.4 Beginning in March of 2006, during Lyons’s first meeting with Plaintiff as her supervisor, the obligation to meet FYI’s deadlines was stressed. (PL’s Dep., Ex. 2.) Hazelrigs was present during this meeting. As early as April 5, 2006, Lyons again met with Plaintiff about missing deadlines (id., Ex. 3), although Plaintiff testified that Lyons had actually been trying to get Plaintiff to place blame on Bartley Harper, the graphics designer (id. at 50-51). Lyons and Plaintiff met again on April 14, 2006, concerning missed deadlines for the May issue. (Id., Ex. 4.)

[1348]*1348During this period of time, the marketing staff was putting more effort into FYI, and it became longer — 44 pages — and in full color. The staff working on the magazine typically numbered four or five people. Each month the staff met to discuss the upcoming issue. Plaintiff coordinated with MWR facility managers throughout Fort Gordon to get their input for the month. Plaintiff worked closely with Bartley Harper, who designed the graphics and laid out the magazine. Plaintiff and Harper further contributed by writing articles. Generally, in addition to Plaintiff and Harper, Henry Wynn provided illustrations, and Sue Russell and Molly Swift sold and created advertisements.

As editor, Plaintiff would review each submission and make appropriate changes and then forward the submission to Harper to do the layout. The process was supposed to involve simultaneous work so that Harper could do the layout on one article or advertisement while Plaintiff was editing other submissions, which would later be provided to him. When the layout was complete, it was sent to an off-site printer.

At some point in Plaintiffs tenure as editor, Green, the Director of MWR, decided that the magazine needed to be available to the public four days before the end of the month.5

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Cite This Page — Counsel Stack

Bluebook (online)
900 F. Supp. 2d 1343, 2012 WL 4583541, 2012 U.S. Dist. LEXIS 142568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-mchugh-gasd-2012.