Jeffers v. Thompson
| Decision Date | 08 May 2003 |
| Docket Number | No. CIV. WDQ-02-3533.,CIV. WDQ-02-3533. |
| Citation | 264 F.Supp.2d 314 |
| Parties | Helaine M. JEFFERS, Plaintiff, v. Tommy G. THOMPSON, Secretary, U.S. Department of Health & Human Services Defendant. |
| Court | U.S. District Court — District of Maryland |
David H Shapiro, Swick and Shapiro PC, Richard L Swick, Swick and Shapiro PC, Washington, DC, for Helaine M. Jeffers, Plaintiff.
Ariana Wright Arnold, Office of the United States Attorney, Baltimore, for Tommy G. Thompson, Secretary, Health and Human Services, Defendant.
Helaine M. Jeffers ("Ms.Jeffers"), a federal employee, sued her employer, Tommy G. Thompson, Secretary, U.S. Department of Health and Human Services ("HHS"), for alleged discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. §§ 2000e through 2000e-17, and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 633a. Ms. Jeffers claims that HHS denied her a promotion because of her race, her gender, her race-and-gender combined, and her age. She also claims that HHS retaliated against her when she complained that she had suffered illegal discrimination. HHS has filed a motion dismiss the complaint for failure to state a claim upon which relief can be granted, or, in the alternative, for summary judgment. The issues have been fully briefed by the parties, and no oral hearing is necessary. Local Rule 105.6 (D.Md.).
Ms. Jeffers, an African-American woman, was born July 18, 1941. 11.15.99 Jeffers Aff. at 1. In November 1996, she was acting co-director of the Office of Program and Organizational Services in the Medicaid Bureau, Health Care Financing Administration ("HCFA"), HHS. 11.05.98 Jeffers Aff. at 1. HHS classified her position as a Supervisory Health Insurance ("SHI") Specialist GS-14. Id.
On November 12, 1996, HHS posted two vacancy announcements: H-96-283 and H-96-284. Def.'s Mot., Ex. 1 at 16, Ex. 2 at 7. Both announcements advertised a total of four, equal-ranking SHI Specialist GS-15 positions in HCFA's Medicaid Bureau. Id. Announcement H-96-283 sought applications for two co-directors of the Office of Medical Services, announcement 96-284 for two co-directors of the Office of Long Term Care Services. Id. The application period for both announcements ended December 9, 1996. Id.
Ms. Jeffers submitted a single application for promotion in response to both. Id., Ex. 4. Thereafter, a single selection panel reviewed all applications. Id., Ex. 1 at 26-27, Ex. 2 at 14. The three-member panel included one Caucasian male, one Caucasian female, and one African-American male. Def.'s Mot. at 2. The same day, January 22, 1997, the panel ranked seven applicants "best qualified" for the H-96-283 positions and five applicants "best qualified" for the H-96-284 positions.1 Id., Ex. 1 at 14. Three applicants, including Ms. Jeffers, made both "best qualified" lists. Id.; see also id., Ex. 1 at 34, Ex. 2 at 17. The panel's recommendations were forwarded to the same ultimate decision-maker, David Cade ("Mr.Cade"), the acting director of the Medicaid Bureau. Cade Aff. ¶¶ 2-4. Mr. Cade had been appointed acting director in September 1996. Cade Dep. at 7. As such, he was also Ms. Jeffers' immediate supervisor. Id. at 13.
After reviewing their applications, Mr. Cade, an African-American male then under the age of forty, interviewed all applicants on the "best qualified" lists. Id. ¶¶ 4-5. The three applicants "best qualified" for both the H-96-283 and the H-96-284 positions, he interviewed only once. Id. ¶ 4. He told all those interviewed that he might select a single director for the respective Offices, thereby eliminating two of the four advertised positions. Def.'s Mot., Ex. 8 at 152-53.
On March 21, 1997, Mr. Cade chose Richard Fenton ("Mr.Fenton"), a 44-year-old Caucasian male who had made both "best qualified" lists, to direct the Office of Medical Services (the H-96-283 positions). Id., Ex. 1 at 36. The same day, he chose Mary Jean Duckett ("Ms.Duckett"), a 50-year-old Caucasian female who had made the "best qualified" list for the H-96-284 positions, to direct the Office of Long Term Care Services (the H-96-284 positions). Id., Ex. 2 at 19. The promotions of Mr. Fenton and Ms. Duckett took effect June 22, 1997. Id., Ex. 1 at 37, Ex. 2 at 20.
At the time of their application, both Mr. Fenton and Ms. Duckett held SHI Specialist GS-14 positions and served as acting co-directors of the Office of Long Term Care Services. Id., Ex. 1 at 39, Ex. 2 at 21, 23. They had been appointed acting co-directors noncompetitively in July 1995. Id., Ex. 1 at 39, Ex. 2 at 23, Ex. 8 at 156-57. Soon after Mr. Fenton had submitted his application, in November 1996, Mr. Cade appointed him acting director of the Office of Medical Services. Id., Ex. 8 at 154-55.
Shortly after Ms. Jeffers learned that she had been rejected, she contacted an Equal Employment Opportunity Commission ("EEOC") counselor and complained that she had been the victim of unlawful discrimination. 11.15.99 Jeffers Aff. at 1. On July 7, 1997, she filed a formal discrimination complaint with HHS.2 Id. That same month, Ms. Jeffers became deputy director of HCFA's Division of Quality Improvement and Training. Id. at 2. Pamela V. Vocke ("Ms.Vocke"), a Caucasian woman then either forty-three or forty-four years of age, became her immediate supervisor. Vocke Aff. at 1 & ¶ 8. Ms. Jeffers retained her position as a SHI Specialist GS-14. 11.15.99 Jeffers Aff. at 2. From November 1998 through March 2000, she experienced several problems with Ms. Vocke, all of which she attributes to unlawful retaliation in response to her earlier discrimination complaint.3
On November 3, 1998, Ms. Jeffers called Ms. Vocke and left a message on her voice-mail saying that she needed to work at home on a paper that was due November 5, 1998. Vocke Aff. ¶ 10; Def.'s Mot., Ex. 14 at 3; 11.15.99 Jeffers Aff. at 2. Ms. Vocke assumed that the paper related to Ms. Jeffers' graduate school work. Vocke Aff. ¶ 10. She therefore told the timekeeper to place Ms. Jeffers on annual leave for November 3, 1998. Id. On November 5, 1998, when Ms. Jeffers learned that she had been placed on annual leave for her absence two days earlier, she told the timekeeper that she should not be charged annual leave because she had been working at home on a work-related, personnel matter. 11.15.99 Jeffers Aff. at 3; Vocke Aff. ¶ 12. Uncertain what Ms. Jeffers had done on November 3, 1998, Ms. Vocke asked her to provide a copy of that day's work product by November 9, 1998. 11.15.99 Jeffers Aff. at 3; Vocke Aff. ¶ ¶ 13-14. Ms. Jeffers refused. 11.15.99 Jeffers Aff. at 3. On November 10, 1998, Ms. Vocke learned that Ms. Jeffers had spent the day in question working on her EEO complaint. Id.; Vocke Aff. ¶ 15.
On December 4, 1998, Ms. Vocke issued Ms. Jeffers a memorandum explaining the procedure for requesting official time to work on an EEO complaint. Def.'s Mot., Ex. 18 at 13. Although regulations mandate that a federal employee be granted "a reasonable amount of official time, if otherwise on duty, to prepare the complaint and to respond to agency and EEOC requests for information," 29 C.F.R. § 1614.605(b), HCFA policy required employees to request such time in advance. Def.'s Mot., Ex. 19. Because Ms. Jeffers had not followed the proper procedure, Ms. Vocke informed her that she would be placed on unpaid, absent-without-leave ("AWOL") status for November 3, 1998, unless she submitted a request for annual leave by December 8, 1998. Def.'s Mot., Ex. 18 at 13-14. Ms. Jeffers failed to submit the request, and Ms. Vocke notified her that she would be charged one day of AWOL. Id. at 19. When Ms. Vocke later reviewed Ms. Jeffers' official record, however, she discovered that Ms. Jeffers had never actually been placed on AWOL status. Vocke Aff. ¶ 20.
In November 1998, Ms. Vocke also noticed that Ms. Jeffers sometimes came to work late and left early. Id. ¶¶ 22-23. On December 6, 1998, Ms. Vocke therefore ordered her to sign in and out on a daily basis. Def.'s Mot., Ex. 18 at 14. Ms. Jeffers never complied. Id., Ex. 20.
By February 1999, Ms. Vocke "had noted a number of concerns with Ms. Jeffers' performance" and had advised her of these concerns in conversations and e-mail messages. Id. ¶ 31. Over the next several months, Ms. Vocke continued to find Ms. Jeffers' performance deficient. Id. ¶ 32; Def.'s Mot., Ex. 23 at 17-39. Thus, on July 13, 1999, Ms. Vocke placed Ms. Jeffers on a Performance Improvement Plan ("PIP"). Def.'s Mot., Ex. 23 at 1-5. The PIP stated that Ms. Jeffers was "experiencing problems in performing [her] duties" and aimed to improv[e her] performance "to the `successful' level." Id. at 1. Initially scheduled to last ninety days, Ms. Vocke extended the PIP another six weeks. Vocke Aff. ¶ 33.
Although the PIP directed Ms. Jeffers to schedule bi-weekly meetings with Ms. Vocke to monitor her progress, by August 19, 1999, Ms. Jeffers had failed to schedule a single meeting. Def.'s Mot., Ex. 24. The two finally met only five times. Vocke Aff. ¶ 33. Throughout these meetings, Ms. Jeffers refused "to respond to or comment on anything" related to the PIP. Def.'s Mot., Ex. 25 at 2. Often, Ms. Vocke found her behavior "disrespectful and insolent." Id. Despite a perceived lack of progress, the PIP terminated November 30, 1999. Vocke Aff. ¶ 33. Both parties felt frustrated and dissatisfied. Id, ¶¶ 33-35; 11.15.99 Jeffers Aff. at 5-10.
Two months into the PIP, on September 10, 1999, Ms. Vocke issued Ms. Jeffers a notice of proposed suspension from pay and duty for seven days because of "insolent behavior and disrespectful conduct." Def.'s Mot., Ex. 25 at 1. Ms. Jeffers opposed the proposal. 11.15.99 Jeffers Aff. at 10-11. On January 3, 2000, the Medicaid Bureau issued Ms. Jeffers an official...
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