Holmes-Martin v. Leavitt

Citation569 F.Supp.2d 184
Decision Date07 August 2008
Docket NumberCivil Action No. 07-2128 (RMU).
PartiesArthuretta L. HOLMES-MARTIN, Plaintiff, v. Michael O. LEAVITT, in his official capacity as Secretary of Health and Human Services, Defendant.
CourtUnited States District Courts. United States District Court (Columbia)

David H. Shapiro, Richard L. Swick, Swick & Shapiro, P.C., Washington, DC, for Plaintiff.

Wyneva Johnson, U.S. Attorney's Office for D.C., Washington, DC, for Defendant.

MEMORANDUM OPINION

GRANTING IN PART AND DENYING IN PART THE DEFENDANT'S MOTION TO DISMISS; DENYING THE DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT1

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

This case comes before the court on the defendant's motion to dismiss, or, in the alternative, for summary judgment. The plaintiff, Arthuretta Holmes-Martin, brings suit against Michael O. Leavitt, Secretary of Health and Human Services of the United States, in his official capacity, alleging race and disability discrimination, retaliation and a hostile work environment, under 42 U.S.C. § 1981(a); Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.; the Civil Service Reform Act ("CSRA"), 5 U.S.C. §§ 7701 et seq.; and the Rehabilitation Act, 29 U.S.C. §§ 791 et seq. The defendant moves to dismiss the plaintiffs racial discrimination and hostile work environment claims, contending that the plaintiff fails to state a cause of action. Because the plaintiff adequately pleads her claims, the court denies the motion. The defendant also requests that the court dismiss the plaintiff's hostile work environment claim under Title VII and disability discrimination claim under the Rehabilitation Act because she raises these claims for the first time in her opposition to the defendant's motion to dismiss. But, because these new claims are substantially similar to the original claims and would cause no undue prejudice to the defendant, both claims survive the motion. The plaintiffs filing for Civil Service Retirement System ("CSRS") benefits, however precludes her Rehabilitation Act claim.

Alternatively, the defendant moves for summary judgment on the plaintiffs hostile work environment, race discrimination and retaliation claims. Because the plaintiff rebuts the defendant's legitimate nondiscriminatory reason for her removal, the court denies summary judgment on the plaintiffs claims of racial discrimination and retaliation based on removal. Also, because the parties have not conducted discovery and the plaintiff presents genuine issues of material fact regarding the reassignment of her work and her hostile work environment claim, the court denies the defendant's motion for summary judgment on those claims.

II. FACTUAL & PROCEDURAL BACKGROUND

The plaintiff, an African-American female, worked as a Procurement Analyst and Deputy Director, service grade GS-1102-14, in the Office of Small and Disadvantaged Business Utilization ("Office of Small Business") at the Department of Health and Human Services ("Department of Health") beginning January 2000. Compl. ¶ 7; Def.'s Mot. at 3. The plaintiff alleges issues arose between her and Debbie Ridgely, the Director of the Office of Small Business, starting in 2003-2004. Compl. ¶ 9.

The first incident the plaintiff identifies, however, occurred in October 2004 when Ridgely sent her an e-mail regarding her use of unscheduled leave and submission of leave requests. Compl. ¶ 9; Def.'s Mot. at 3 & Ex. 4. In response, the plaintiff complained about Ridgely's management style and respect for others and noted that she would seek temporary placement in the Office of Women's Health. Def.'s Mot., Ex. 5. Ridgely countered by sending a memorandum to the plaintiff "about inappropriate behavior, standards of conduct, and performance concerns." Def.'s Mot., Ex. 6.

Meanwhile, Ridgely hired Clarence Randall, a white male, for a job created, the plaintiff claims, to supersede her position. Pl.'s Opp'n at 3. The plaintiff contends that Ridgely subsequently transferred many of the plaintiffs responsibilities to Randall. Pl.'s Opp'n, Exs. 1, 3, 5. Additionally, the plaintiff claims Ridgely reassigned her duties to other individuals in the office, Pl.'s Opp'n at 3-5 & Ex. 5, but Ridgely only concedes that "a single task ... was reassigned to another co-worker" while the plaintiff was on leave, Def.'s Mot. at 7 & Ex. 2. Ridgely maintains that the plaintiff was only temporarily overseeing two other alleged reassigned activities until they could be transferred back to a retiree's replacement. Id. Ridgely insists that all other original duties and responsibilities remained in the plaintiffs care. Id. Furthermore, Ridgely points out that she—as director—had assigned many of the programs the plaintiff suggested to other staff from their inception. Def.'s Reply, Ex. 1.

The plaintiff also claims that Ridgely treated her differently than her colleagues. Compl. ¶ 3-4. The plaintiff notes that Ridgely had an open-door policy for Randall, yet not for her, and required Randall's presence at all of the plaintiffs meetings. Pl.'s Opp'n, Ex. 1. More generally, the plaintiff alleges that Ridgely, among other things, relied solely on e-mail contact; did not provide her with work to do seventy-five to eighty percent of the day; isolated her from the Small Business Association ("SBA") procurement center representative; changed the locks on her office; and manipulated her performance evaluations. Pl.'s Opp'n at 5-7 & Exs. 1, 3, 5. Ridgely denies these and all other assertions, arguing that the plaintiff chose to contact her via email; did not inform her of the lack of work; and could have contacted and worked with the SBA procurement office. Def.'s Reply, Ex. 1. Further, Ridgely maintains that she never changed the locks and did not delay the performance reviews (the reviews were delayed by contract negotiations with the Union). Id.

In response to her perceived mistreatment, the plaintiff filed multiple Equal Employment Opportunity ("EEO") complaints. Compl. ¶ 12. From January 2005 to July 2006, the plaintiff submitted two formal complaints and attempted to file a third. Def.'s Mot., Exs. 7-9; Pl.'s Opp'n, Ex. 9. Her first complaint alleged sex, color and race discrimination, reprisal for her use of leave and a hostile work environment, while her subsequent complaint alleged retaliation in the form of threatening and hostile e-mails. Def.'s Mot., Exs. 7, 10. An administrative judge ordered an investigation in August 2006, yet the record reflects no official report or final decision. Def.'s Mot., Ex. 15.

In June 2006, the plaintiffs psychologist, Dr. Frances Holland, sent a letter to Ridgely recommending that the plaintiff, who had already missed a number of days at work, take extended leave to deal with major depression and anxiety disorder. Pl.'s Opp'n at 9; Compl. ¶ 13; Def.'s Mot., Ex. 27. In the letter, Holland indicated that the plaintiff had been under her care "for several years" and that "extended stressful conditions, particularly in the work situation" generated the recent episodes. Def.'s Mot., Ex. 27. One month later, Holland wrote another letter, recommending an extension of sick leave despite some improvement in the plaintiffs psychological well-being. Pl.'s Opp'n, Ex. 11.

In an October 2006 letter, Rachel Chance, Human Resources Specialist, informed the plaintiff that "her ... absence [was] placing a considerable strain on the staff and their daily operations" and that "[she] was required to report to her office on November 13, 2006." Def.'s Mot., Ex. 35. Holland, however, recommended another extension, stating that despite slow improvement, significant problems remained and "even the simplest demands regarding [the plaintiffs] work situation appear to cause ... distress." Pl.'s Opp'n, Ex. 12. The plaintiff continued on leave, and in May 2007, Holland informed the agency that "it may be possible for [the plaintiff] to return to a position ... in a part time capacity in 6-8 months." Def.'s Mot. at 9 & Exs. 29, 40.

While on leave in November 2006, the plaintiff filed worker's compensation claims, claiming that hostile treatment at the office exacerbated the depression she suffered while working for the IRS from 1994 to 1998. Id., Ex. 37. The Department of Labor ("DOL") denied the claims, holding that the evidence did not support them. Id., Ex. 44.

In January 2007, Ridgely proposed the plaintiffs removal due to her inability to perform her job and the need for a full-time employee. Compl. ¶ 14; Def.'s Mot., Ex. 41. The plaintiff challenged the recommendation, but Linda Garvin, Principal Deputy Assistant Secretary for Administration and Management, upheld it in June 2007, effective July 1, 2007. Def.'s Mot., Exs. 42-43. Garvin considered the plaintiffs refusal to allow review of her medical records; her absolute inability to work; and the agency's inability to accommodate the plaintiff at some other full-time position, "now or in the foreseeable future." Id.

The plaintiff filed an appeal of this decision with the Merit Systems Protection Board ("MSPB"), yet the MSPB has yet to issue a final decision. Compl. ¶ 2. Ultimately the plaintiff filed an application for disability retirement under the CSRS that the Office of Personnel Management ("OPM") granted. Def.'s Mot., Ex. 46.

In November 2007, the plaintiff filed her complaint alleging discrimination and retaliation based on race. Compl. ¶¶ 16-19. The defendant filed a motion to dismiss, or in the alternative, for summary judgment in February 2008. See generally Def.'s Mot. In her opposition to the defendant's motion, the plaintiff for the first time raised claims of a hostile work environment and discrimination under the Rehabilitation Act to which the defendant has replied. See generally Pl.'s Opp'n; Def.'s Reply. The court now turns to the pending motions.

III. ANALYSIS
A. The Court Grants in Part and Denies in Part the Defendant's Motion to Dismiss...

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