Primas v. Dist. of Columbia

• Decision Date: 16 July 2012
• Docket Number: Civil Case No. 09–2317 (RJL).
• Citation: 878 F.Supp.2d 1
• Parties: Evelyn PRIMAS, Plaintiff, v. DISTRICT OF COLUMBIA, et al., Defendants.
• Court: U.S. District Court — District of Columbia

878 F.Supp.2d 1

Evelyn PRIMAS, Plaintiff,

v.DISTRICT OF COLUMBIA, et al., Defendants.

Civil Case No. 09–2317 (RJL).

United States District Court, District of Columbia.

July 16, 2012.

Phoebe Leslie Deak, Law Offices of Leslie Deak, Ted Justice Williams, Washington, DC, for Plaintiff.

Kerslyn D. Featherstone, Office of the Attorney General for the District of Columbia, Washington, DC, for Defendants.

MEMORANDUM OPINION

RICHARD J. LEON, District Judge.

Plaintiff, Evelyn Primas (“plaintiff”), brought this action against defendants District of Columbia (“the District”) and the Chief of the Metropolitan Police Department Cathy Lanier (“Chief Lanier”) (collectively, “defendants”), alleging discrimination based on race, sex, and age in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e et seq., the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seq., and the District of Columbia Human Rights Act (“DCHRA”), D.C.Code §§ 2–1401 et seq. On September 12, 2011, defendants moved for summary judgment on all remaining claims set forth in plaintiff's amended complaint. For the following reasons, defendants' motion for summary judgment is GRANTED.

BACKGROUND

Plaintiff, an African–American woman over the age of forty, is a former Metropolitan Police Official and former employee of the District. Am. Compl. ¶ 4, ECF No. 6. She began working for the District's Metropolitan Police Department (“MPD”) in September 1978 and rose through the ranks until she was ultimately promoted to Commander in the Court Liaison Division in 2004. Id. ¶¶ 7–9.

On September 13, 2007, Chief Lanier met with plaintiff and inquired how long she intended to work before retirement. Id. ¶ 11. Plaintiff informed her that she intended to work another two years. Id. At that time, Chief Lanier informed the plaintiff that her position was going to be downsized two levels to the rank of Captain. Id. Plaintiff was advised by Chief Lanier that she could remain in her job and retain her duties, but would have to be demoted two levels to the Captain rank. Id. On September 18, 2007, plaintiff met again with Chief Lanier to discuss the downsizing of her Court of Liaison position. Id. ¶ 12. After this meeting, it was plaintiff's understanding that, if she chose not to take the demotion to Captain, her only other choices were retirement or termination. Id. Believing that “she could not afford to take a two-grade demotion, particularly when she was close to retirement,” plaintiff chose to retire rather than continue employment with the District. Id. ¶¶ 12–13.

On September 23, 2007, Chief Lanier announced that Captain Marcus Westover, a younger, white male, had been promoted to Inspector, the rank in between Captain and Commander, and placed in plaintiff's position in charge of the Court Liaison Division. Id. ¶ 14. On September 25, 2007, plaintiff wrote a letter to Chief Lanier informing her that plaintiff believed her actions were discriminatory and illegal. Id. ¶ 15. Upon receiving plaintiff's letter, Chief Lanier informed plaintiff that, if she wished, she could remain with the police department at the rank of Inspector in a different assignment. Id. ¶ 16.

Plaintiff filed a timely complaint with the Equal Employment Opportunity Commission and received a right-to-sue letter dated September 14, 2009. Id. ¶ 18. Plaintiff filed this suit on December 7, 2009. See Compl., ECF No. 1. On June 19, 2010, this Court dismissed the plaintiff's official-capacity DCHRA claim against Chief Lanier, as well as the plaintiff's DCHRA claims against the District. See Mem. Op., June 19, 2010, ECF No. 18. Defendants now move for summary judgment on all remaining claims set forth in plaintiff's amended complaint. For the following reasons, the motion is GRANTED.

LEGAL STANDARD

Summary judgment is appropriate when, based on the record, there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. SeeFed.R.Civ.P. 56(a); Hussain v. Principi, 344 F.Supp.2d 86, 94 (D.D.C.2004). Summary judgment is not available, however, when there are factual disputes that may determine the outcome of the case under the governing law or when sufficient evidence exists such that a reasonable juror could return a verdict for the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In considering a motion for summary judgment, the “evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in [her] favor.” Id. at 255, 106 S.Ct. 2505.

The moving party has the initial burden of demonstrating that there is no genuine issue of material fact to be decided with respect to any essential element of the nonmoving party's claim. Id. at 250, 106 S.Ct. 2505. Once that burden is met, the nonmoving party must set forth specific facts showing that there is a genuine issue for trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The nonmoving party's opposition may not rest upon the mere allegations or denials of the pleadings, but must be supported by affidavits or other competent evidence. Id. By pointing to the absence of evidence proffered by the nonmoving party, a moving party may succeed on summary judgment. Id. at 322–23, 106 S.Ct. 2548.

DISCUSSION

Defendants seek summary judgment on all claims that remain in plaintiff's amended complaint. For the reasons set forth below, defendants' motion for summary judgment is granted.

1. Plaintiff's Title VII Race and Sex Discrimination Claims Against the District

Plaintiff contends that, based on plaintiff's race and sex, the District downgraded her position as the Director of Court Liaison by two ranks and assigned a less-qualified white male at a higher rank and pay grade in her stead, in violation of Title VII. The District counters that it had legitimate, non-discriminatory reasons for taking the challenged actions, and the plaintiff has failed to rebut such reasons or produce any evidence of racial or sexual discrimination on the District's part. I agree.

Title VII makes it unlawful for an employer to “discriminate against any individual with respect to his compensation, terms, condition, or privileges of employment, because of such individual's race, color ... sex, or national origin.” 42 U.S.C. § 2000e–2(a)(1). Until recently, under Title VII, in the absence of direct evidence of discrimination, a plaintiff could indirectly prove discrimination under the burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See also Carter v. George Washington Univ., 387 F.3d 872, 878 (D.C.Cir.2004). However, our Circuit has since simplified the district court's inquiry. See Brady v. Office of the Sergeant at Arms, 520 F.3d 490, 493–94 (D.C.Cir.2008). Under the new approach, if an employee has suffered an adverse employment action and the employer asserts a legitimate, non-discriminatory reason for the action, at the summary judgment stage, the Court need only determine whether “the employee produced sufficient evidence for a reasonable jury to find that the employer's asserted non-discriminatory reason was not the actual reason and that the employer intentionally discriminated against the employee on the basis of race, color, religion, sex or national origin [.]” Id. at 494;see also Jones v. Bernanke, 557 F.3d 670, 678–79 (D.C.Cir.2009); Piroty v. Chairman, Broad. Bd. of Governors, 815 F.Supp.2d 95, 98 (D.D.C.2011).¹

The District argues that the plaintiff did not suffer an adverse employment action under Title VII, and even if she did, the District had a legitimate, non-discriminatory reason for its challenged actions. To be considered an “adverse employment action” under Title VII, a particular act must constitute a “significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.” ² Courts have held that actions such as demotion, undesirable reassignment, or a reduction in salary or benefits qualify as adverse employment actions due to their impact on the terms, conditions or privileges of employment.³ The plaintiff has established that, in September 2007, the District downgraded her position as director of the Court Liaison Division from the rank of Commander to Captain, a two-rank decrease coupled with a $20,000 per year salary reduction that would impact plaintiff's retirement income, and appointed Westover as the new director of the Court Liaison Division at a higher rank and pay grade upon her departure. See Am. Compl. ¶¶ 11–12; Pl.'s Opp'n to Defs.' Mot. for Summ. Judgment, Ex. 1 at 59–60, 71, 82–83, ECF No. 53 ( hereinafter “Pl.'s Opp'n”); Pl.'s Opp'n, Ex. 2 at 22–24, 32–33, 151–52; Pl.'s Opp'n, Ex. 12. A proposed demotion coupled with a salary decrease squarely fits within the confines of an adverse employment decision, see Baloch v. Kempthorne, 550 F.3d 1191, 1196 (D.C.Cir.2008), and the fact that plaintiff retired before the decision took effect is of no matter because the demotion was neither speculative nor hypothetical.⁴

Although the plaintiff suffered an adverse employment action when her position was demoted ⁵, the District has asserted a legitimate, non-discriminatory justification for the demotion. The record reflects that Chief Lanier instituted a complete reorganization of the MPD Command Staff during her first year in office because she believed that the command structure had become “too top heavy” and that it “needed to be downsized.” See Mem. in Support of Defs.' Mot. for Summ. Judgment at 17–18, ECF No. 44 ( hereinafter “Defs.' Mem.”); Defs.' Mem., Ex. 2 at Interrogatory No. 5; Pl.'s Opp'n, Ex. 2 at 21–22. In pursuit of that goal, the evidence shows that Chief Lanier eliminated the Regional Operation Commands North,...