Latson v. Sessions

• Decision Date: 09 March 2017
• Docket Number: Civil Action No. 14–371 (RBW), Civil Action No. 14–1892 (RBW)
• Citation: 239 F.Supp.3d 163
• Parties: Elvenia LATSON, Plaintiff, v. Jeff SESSIONS, Attorney General of the United States, Defendant. Elvenia Latson, Plaintiff, v. Jeff Sessions, Attorney General of the United States, Defendant.
• Court: U.S. District Court — District of Columbia

239 F.Supp.3d 163

Elvenia LATSON, Plaintiff,

v.Jeff SESSIONS, Attorney General of the United States,¹ Defendant.

Elvenia Latson, Plaintiff,

v.Jeff Sessions, Attorney General of the United States, Defendant.

Civil Action No. 14–371 (RBW)

Civil Action No. 14–1892 (RBW)

United States District Court, District of Columbia.

Signed March 9, 2017

Elvenia A. Latson, Brunswick, GA, pro se.

MEMORANDUM OPINION

REGGIE B. WALTON, United States District Judge

The pro se plaintiff, Elvenia A. Latson, brings these two civil actions² against Jeff Sessions, in his official capacity as the Attorney General of the United States Department of Justice, alleging that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (the "Bureau") discriminated against her on the bases of her race, gender, and color, retaliated against her due to her pursuit of earlier statutorily protected activity, and has engaged in a practice of promoting employees that has a disparate impact on African Americans and women, all in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e–17 (2012) ("Title VII"). Complaint ¶¶ 1, 5–6, 11–13, 27–40, Latson v. Sessions , No. 14–371 ("Latson I Compl."); Complaint ¶¶ 1, 5, 11–14, 35–48, Latson v. Sessions , No. 14–1892 ("Latson II Compl."). Currently before the Court are the Defendant's Motions for Summary Judgment, see Defendant's Motion for Summary Judgment at 1, Latson v. Sessions , No. 14–371 ("Latson I Def.'s Mot."); Defendant's Motion for Summary Judgment at 1, Latson v. Sessions , No. 14–1892 ("Latson II Def.'s Mot."). Also currently before the Court is the plaintiff's Motion to Strike Defendant's Response to Plaintiff's Statistical Evidence ("Pl.'s Mot."). Upon careful consideration of the parties' submissions,³ the Court concludes that it must grant the defendant's motions, deny the plaintiff's motion, and enter summary judgment in favor of the defendant in both cases.

I. BACKGROUND

The plaintiff, an African–American female, has worked for the Bureau since 1990 and is currently a GS–13 Industry Operations Investigator in the Bureau's Tallahassee Satellite Office of its Tampa Field Division. Latson I Compl. ¶¶ 1, 10; Latson II Def.'s Facts ¶ 1. "[I]n 2000 or 2001," the plaintiff filed a complaint with Bureau's Equal Employment Opportunity ("EEO") Office, which "was resolved through EEO counseling." Latson_ II Def.'s Mot., Ex. F (Declaration of Elvenia A. Latson ("Latson II Latson Decl.")) ¶ 5. In 2007, the plaintiff filed another EEO complaint, which resulted in a settlement agreement on September 22, 2008. See Latson I Def.'s Mot., Exhibit ("Ex.") S (Declaration of Robynn F. Ferguson Russ ("Latson I Ferguson–Russ Decl.")) ¶ 4.

In 2009, the plaintiff applied for two vacant Supervisory Industry Operations Investigator positions: one located in Jacksonville, Florida; and the other located in Harrisburg, Pennsylvania. Latson I Compl. ¶¶ 11–13; Latson I Def.'s Facts ¶ 2. The Merit Promotion Board ("the Board"), the entity tasked with selecting all Bureau "competitive supervisory positions ... for the GS–14 and GS–15 levels," see Latson I Compl. ¶ 14; Latson II Def.'s Facts ¶ 4, interviewed the plaintiff for the 2009 Jacksonville vacancy on August 12, 2009, see Latson I Def.'s Mot., Ex. E (Declaration of Elvenia A. Latson ("Latson I Latson Decl.")) ¶ 7.A, and selected Paul Brown, a white male, see Latson I Compl. ¶ 26; Latson I Def.'s Facts ¶ 15, who was rated as the "top candidate" for the position on August 13, 2009, see id. Ex. H (2009 Jacksonville Merit Promotion Board Deliberations ("2009 Jacksonville Deliberations")) at 1. The Board interviewed the plaintiff for the Harrisburg vacancy on December 17, 2009, see Latson I Def.'s Mot., Ex. E (Latson Decl.) ¶ 23.A, and selected Ernest Lintner, a white male, see Latson I Compl. ¶ 26; Latson I Def.'s Facts ¶ 23, who was rated as the "top candidate" for the position on December 17, 2009. See Latson I Def.'s Mot., Ex. Y (Harrisburg Merit Promotion Board Deliberations ("Harrisburg Deliberations")).

On December 30, 2009, following her non-selections for the Harrisburg and 2009 Jacksonville positions, the plaintiff filed a complaint with the Bureau's EEO Office, alleging "unlawful discrimination based on her race, [gender], and unlawful retaliation for [having engaged in] protected activities." Latson I Compl. ¶ 6; Latson I Def.'s Mem. at 6. Following an investigation, the matter was assigned to an Equal Employment Opportunity Commission ("EEOC") Administrative Law Judge, who "issued a Decision in favor of the [Bureau] on October 22, 2013."Latson I Compl. ¶ 7; Latson I Def.'s Mem. at 6. On December 4, 2013, the Department of Justice issued a Final Agency Decision affirming and adopting the EEOC's determination. Latson I Compl. ¶ 8; Latson I Def.'s Mem. at 6.

In 2012, the plaintiff applied for three additional vacant Supervisory Industry Operations Investigator positions: one located in Jacksonville, Florida; one located in Tucson, Arizona; and one located in Greensboro, North Carolina. Latson II Compl. ¶¶ 11–14; Latson II Def.'s Facts ¶ 2. The Board interviewed the plaintiff for the 2012 Jacksonville vacancy on September 20, 2012, see Latson II Def.'s Mot., Ex. F (Latson II Latson Decl.) ¶ 7, and selected Margaret Carvill, a white female, see Latson II Compl. ¶ 16; Latson II Def.'s Mem. at 4, who was rated as the "top candidate" for the position on September 21, 2012, see Latson II Def.'s Mot., Ex. H (MPB Deliberations, September 21, 2012 ("2012 Jacksonville Deliberations at 2–3. The Board interviewed the plaintiff for the Tucson and Greensboro vacancies on December 27, 2012, see Latson II Def.'s Mot., Ex. F (Latson II Latson Decl.) ¶ 16, and selected Edward Courtney for the Greensboro position and Daniel McAdam for the Tucson position, see id. Ex. O (MPB Deliberations: Area Supervisor Greensboro, Area Supervisor Tucson ("Greensboro and Tucson Deliberations")) at 2; id. Ex. P (Declaration of Mark Williams ("Williams Decl.")) ¶ 13. Both Courtney and McAdams are white males. See id. , Ex. V (Declaration of Robin D. McBeth ("McBeth Decl.")) at 32.

Following her non-selections for the 2012 Tucson, Greensboro, and Jacksonville positions, the plaintiff filed another EEO complaint with the Bureau's EEO Office,⁴ alleging unlawful discrimination and retaliation. Latson II Compl. ¶ 6; Latson II Def.'s Mem. at 7. Following another investigation, the matter was assigned to the same EEOC Administrative Law Judge who presided over the plaintiff's 2009 EEO complaint, and who "issued a Decision in favor of the [Bureau] on July 14, 2014." Latson II Compl. ¶ 7; Latson II Def.'s Mem. at 7. On August 25, 2014, the Department of Justice issued a Final Agency Decision affirming and adopting the EEOC's determination. Latson II Compl. ¶ 8; Latson II Def.'s Mem. at 7–8.

The plaintiff filed her Complaint in Latson I on March 6, 2014, asserting claims of discrimination based on her race, gender, and color, as well as for retaliation.⁵ Latson I Compl. ¶¶ 1, 28–40; Latson I Def.'s Facts ¶ 3. The plaintiff subsequently filed her Complaint in Latson II on November 7, 2014, asserting claims of discrimination based on her race, gender, and color, as well as for retaliation, and utilization of a practice of promoting employees that has a disparate impact on African Americans and women. Latson II Compl. ¶¶ 1, 35–48; Latson II Def.'s Facts ¶ 3.

II. STANDARD OF REVIEW

Courts will grant a motion for summary judgment under Federal Rule of Civil Procedure 56 if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(a), (c). When ruling on a Rule 56 motion, the Court must view the evidence in the light most favorable to the non-moving party. Holcomb v. Powell , 433 F.3d 889, 895 (D.C. Cir. 2006) (citing Reeves v. Sanderson Plumbing Prods. , 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) ). The Court must therefore draw "all justifiable inferences" in the non-moving party's favor and accept the non-moving party's evidence as true. Anderson v. Liberty Lobby , 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

In responding to a motion for summary judgment, the non-moving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Accordingly, the non-moving party must not rely on "mere allegations or denials ... but ... must set forth specific facts showing that there [are] genuine issue[s] for trial." Anderson , 477 U.S. at 248, 106 S.Ct. 2505 (second omission in original) (citation and internal quotation marks omitted). "The mere existence of a scintilla of evidence in support of the [non-moving party's] position [is] insufficient" to withstand a motion for summary judgment, as "there must be [some] evidence on which the jury could reasonably find for the [non-movant]." Id. at 252, 106 S.Ct. 2505.

III. ANALYSIS

A. The Plaintiff's Disparate Treatment Claims

Title VII protects federal employees from discrimination on the basis of race or gender, among other factors. See 42 U.S.C. § 2000e–16(a). In the absence of direct evidence of discrimination, as is the situation here, claims of employment discrimination under Title VII are analyzed under the three-part framework of McDonnell Douglas Corp. v. Green , 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Jackson v. Gonzales , 496 F.3d 703, 706 (D.C. Cir. 2007). Under this framework, the plaintiff bears the initial burden of establishing a prima facie case of discrimination, by providing proof of "(1) membership in a protected group; (2) qualification for the job in question; (3) an adverse employment action; and (4) circumstances that support an inference...