Nichols v. Billington
| Decision Date | 25 July 2005 |
| Docket Number | No. Civ.A. 02-2438 (CKK).,Civ.A. 02-2438 (CKK). |
| Citation | 402 F.Supp.2d 48 |
| Parties | Jaqueline P. NICHOLS, Plaintiff, v. Dr. James BILLINGTON, Librarian, United States Library of Congress, Defendant. |
| Court | U.S. District Court — District of Columbia |
Jacqueline P. Nichols, pro se.
Charlotte A. Abel, United States Attorney's Office, Washington, DC, for Defendant.
Plaintiff, a former employee of the United States Library of Congress, brings this employment discrimination case pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII"), and the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. ("the ADA"), essentially alleging that Defendant ("Defendant" or "the Library") (1) discriminated against Plaintiff in numerous ways based on her race and color; (2) created a hostile work environment based on Plaintiff's race and gender; (3) retaliated against Plaintiff for engaging in protected Title VII activity; and (4) failed to accommodate Plaintiff as required by the strictures of the ADA. Currently before the Court is Defendant's Motion for Summary Judgment, which contends that Plaintiff cannot establish a prima facie case of discrimination, hostile work environment, or retaliation, and asserts that Plaintiff's existing medical condition falls outside of the protections afforded by the ADA. Upon a consideration of Defendant's motion, Plaintiff's Opposition, Defendant's Reply, the relevant case law, and the entire record herein,1 the Court shall grant Defendant's Motion for Summary Judgment.
In 1993, Plaintiff, an African-American female, was employed as a receptionist in the Library of Congress' ("the Library") Contracts and Logistics ("C & L") Division. Def.'s Stmt. of Mat. Facts Not in Dispute ("Def.'s Stmt.") at ¶ 1, 1; see also Ex. 1 () ("Columbia Decl.") at ¶ 1, 1.2 In that position, Plaintiff was paid at a Grade Scale ("GS") Level of 5. See Second Am. Compl. ¶ 12. According to Plaintiff, two (2) other unidentified African-American females held the same position, id. ¶ 13, while four (4) Caucasian females — Ms. Melissa Stevenski, Ms. Charlotte Logan, Ms. Morgan Day, and Ms. April Sliwinski "performed the same or similar work as Plaintiff," id.; see also Def.'s Mot. for Summ. J., Ex. 8 (Nichols' Dep.) (identifying Sliwinski). During this time period, Mr. Gary Columbia, a white male, id. ¶ 11, was Assistant Chief of the C & L Division, and supervised much of Plaintiff's work; his immediate superior was Ms. Patricia Gardner, then Acting Chief of C & L, who in turn reported to Mr. James R. Trew, Director of the Integrated Support Systems. See Def.'s Mot. for Summ. J., Ex. 1 (Columbia Decl.) at ¶ 1, 1.
Three important events occurred around 1993 that provided the initial springboard for Plaintiff's current suit. First, Plaintiff requested that partitions be erected around her work area. See Def.'s Stmt. ¶ 2. At the time, her work area was a desk located in a visible area near the front door of the entrance to the building in which C & L was housed. See Def.'s Motion for Summ. J., Ex. 1 (Columbia Decl.) at ¶ 2, 1. This entrance was locked, and visitors needed to be screened before entering the building. Id. Part of Plaintiff's responsibilities at the time included screening visitors who entered the building. Id. Concerned that partitions placed around Plaintiff's desk would negatively affect the security of the area by blocking the view of visitors approaching the front desk, Mr. Columbia objected to Plaintiff's planned partitions in conversations with Ms. Gardner and Mr. Trew. Id. at ¶ 3, 1. However, Ms. Gardner chose to disregard Mr. Columbia's concerns, and allowed Plaintiff to erect partitions around her work station. Id. at ¶ 4, 1. These partitions were eventually removed in October 1993, see Second Am. Compl. ¶ 17, by Mr. Columbia for security reasons upon orders from Mr. Trew after Ms. Gardner had left the C & L and Mr. Trew discovered their existence, see Def.'s Mot. for Summ. J., Ex. 1 (Columbia Decl.) at ¶ 4, 1. Plaintiff's pay and the nature of her work remained unchanged as a result of the erection and the eventual removal of these partitions. Def.'s Stmt. ¶ 3, 1.
Second, in February 1993, Mr. Columbia issued Plaintiff a Performance Rating and Within-Grade Certification for Plaintiff's work performance from December 15, 1991, to December 15, 1992. See Second Am. Compl. ¶ 15; Def.'s Stmt. ¶ 4. In the Performance Rating, Mr. Columbia identified Plaintiff's performance as "satisfactory." See Second Am. Compl. ¶ 16; Def.'s Stmt. ¶ 4. Plaintiff objected to this rating because during the relevant work period, she apparently received "at least two (2) letters of appreciation regarding her outstanding work performance." Second Am. Compl. ¶ 15. Regardless, Plaintiff's pay and benefits were not affected by her "satisfactory" rating. Def.'s Stmt. ¶ 4.
Third, during 1993 and the years immediately prior, several of the Caucasian female employees who allegedly "performed the same or similar work as Plaintiff," Second Am. Compl. ¶ 13, were promoted to GS-6 pay status, while Plaintiff and the other two African-American female clerks were "not promoted to the GS-6 level until much later," which allegedly "caus[ed] [Plaintiff] both financial and emotional distress," id. at ¶ 14. Ms. Morgan Day was selected for a GS-6 Procurement Clerk position under an open vacancy announcement for that position in December 1991. Def.'s Motion for Summ. J., Ex. 12 (Personnel Action Recommendation for Vacancy Announcement # 10622). Ms. Charlotte Logan was selected for a GS-6 Supply Technician under an open vacancy in June 1992. Id., Ex. 13 (Personnel Action Recommendation for Vacancy Announcement # 21040). Ms. Melissa Stevenski was promoted to a GS-6 Procurement Clerk position under an open vacancy announcement for that position in December 1991. Id., Ex. 14 (Personnel Action Recommendation for Vacancy Announcement # 10622). She was then temporarily promoted to a GS-7 Contract and Procurement Specialist position in July 1993 — a temporary promotion that ended in October 1993 upon her return to her GS-6 Procurement Clerk position. Id., Ex. 15 (Personnel Action Recommendation for 90 Day Temporary Promotion) & 16 (Personnel Action Recommendation Reflecting Change to Lower Grade). Ms. April Sliwinski was temporarily promoted from a GS-4 Supply Clerk to a GS-5 Supply Clerk in December 1993 — the same level as Plaintiff. Id., Ex. 17 (Personnel Action Recommendation Reflecting Sliwinski's Marriage and Name Change) & 18 (Personnel Action Recommendation for "Conv to Expected Appt NTE 120 Days").
In apparent response to these promotions, Plaintiff filed an "Allegation of Discrimination" with the Equal Employment Opportunity Complaints Office ("EEOCO") on August 6, 1993, complaining, inter alia, that Mr. Columbia evinced "racial discrimination in promotional practices." See id., Ex. 19 (Allegation of Discrimination). Plaintiff later filed a "Complaint of Discrimination" with the EEOC on July 26, 1994, that complained of, among other things, the alleged rapid promotion by Mr. Columbia of these Caucasian females within C & L at her expense. See id., Ex. 19a (Complaint of Discrimination). However, a review of the record indicates an error in Plaintiff's basic assumption: Mr. Columbia played no role in the promotion of these four (4) Caucasian women, and never acted as the "recommending officer" under any Personnel Action Recommendation cited to by Plaintiff. See, e.g., Exs. 12-18.
During 1994, training opportunities — or the lack thereof — became an issue for Plaintiff. See Second Am. Compl. ¶ 20. In May 1994, Plaintiff was scheduled to attend a two-day training in "Ethics in Procurement." Def.'s Stmt. ¶ 5. The day before the training was to begin, Mr. Columbia received a notice from the Library's Health Services Office that Plaintiff's doctor had ordered her to avoid walking. Id. Upon receipt of this information, Mr. Columbia cancelled the scheduled training, which was not critical to the performance of Plaintiff's job. Id. However, soon thereafter, Mr. Columbia was advised by the Health Services Office that Plaintiff's doctor had lifted the restriction on walking, and Mr. Columbia approved the training. Id. During this same time period, Plaintiff was scheduled to take another training course, but the course was ultimately cancelled by the Division Office due to a lack of funding. Id. ¶ 6. Importantly, Plaintiff suffered no loss of pay or benefits, and experienced no change in her duties, as a result of issues surrounding available training. Id. ¶ 6; see also Def.'s Mot. for Summ. J., Ex. 1 (Columbia Decl.) ¶¶ 7-8.
By late 1994, Plaintiffs' supervisors began an effort to remove Plaintiff from employment with the C & L. See Def.'s Stmt. ¶¶ 7-10. This effort was initiated in April 1994 by Plaintiff's then-immediate supervisor, Ms. Kay Klinker, who proposed that Plaintiff be suspended without pay for ten (10) days due to insubordination. Id. ¶ 7; Def.'s Mot. for Summ. J., Ex. 2 (10/20/94 Notice of Proposed Adverse Action). Mr. Columbia continued these efforts in October 1994, when he proposed an adverse action for Plaintiff's removal due to her repeated failure to complete assignments, continued refusal to discuss the status of her work assignments, uncooperative behavior, being "absent without leave" ("AWOL"), insubordination and use of profanity directed at superiors, and failure to modify her misconduct. Id. ¶ 8; Def.'s Mot. for Summ. J., Ex. 1 (Columbia Decl.) ¶ 9, 2; Def.'s Mot. for Summ. J., Ex. 2 (10/20/94 Notice of Proposed Adverse Action). While the removal proposal was pending in December...
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