Rafferty v. KeyPoint Gov't Sols.
| Decision Date | 30 November 2020 |
| Docket Number | Case No: 4:16-cv-00210-DCN |
| Parties | CONSTANCE R. RAFFERTY, Plaintiff, v. KEYPOINT GOVERNMENT SOLUTIONS, INC., a Delaware corporation; and JOINT TECHNICAL SERVICES, LLC, a New Mexico limited liability company, Defendants. |
| Court | U.S. District Court — District of Idaho |
Pending before the Court are Defendant KeyPoint Government Solutions, Inc.'s ("KeyPoint") Motion for Summary Judgment (Dkt. 61) and Motion to Strike (Dkt. 72-2); Defendant Joint Technical Services, LLC's ("JTS") Motion for Summary Judgment (Dkt. 64), Motion to Seal (Dkt. 64-6) and Motion for Extension of Time to File Errata Declaration (Dkt. 69); and Plaintiff Constance R. Rafferty's Motion to Seal (Dkt. 67) and Motion to Strike (Dkt. 68).1 The Court heard oral argument on the motions on February 24, 2020, and took the matters under advisement.
For the reasons stated herein, the Court will GRANT KeyPoint's Motion for Summary Judgment; GRANT in PART and DENY in PART KeyPoint's Motion to Strike; GRANT JTS's Motion for Summary Judgment, GRANT in PART and DENY in Part JTS and Rafferty's Motions to Seal, GRANT JTS's Motion for Extension of Time; and DENY Rafferty's Motion to Strike.
A. Factual Background
Rafferty brings various claims arising from her former employment with Defendants JTS and KeyPoint. Rafferty alleges claims for retaliation under federal and state law, tortious interference with prospective economic advantage, and intentional and negligent infliction of emotional distress against JTS. Against KeyPoint, Rafferty alleges claims for discrimination—on the basis of both a perceived and actual disability—in violation of the Americans with Disabilities Act and the Idaho Human Rights Act.
Rafferty was employed as a Program Manager for JTS from March of 2010, until July 10, 2014. During this time, JTS had a contract with the Department of Energy Idaho ("DOE-ID") to process security background checks for the Idaho National Laboratory. In general, JTS submitted clearance investigations for the DOE-ID to the Office of PersonalManagement ("OPM") or to the Federal Bureau of Investigation. When investigations were returned, JTS reviewed them, wrote a case evaluation, and made a recommendation as to whether the individual under investigation should obtain, or maintain, the necessary security clearance.
Rafferty supervised approximately seven JTS employees, including an individual named Kernan Longua. JTS shared an office suite with DOE-ID personnel in the Personal Security Office ("PERSEC") located in Idaho Falls, Idaho. During Rafferty's employment with JTS, the DOE-ID had its own employees at the PERSEC, including an individual named Matt Perkins. Longua and Perkins were friends and interacted frequently.
On February 29, 2012, some of Rafferty's subordinates reported to her that Perkins had made racially offensive statements. Rafferty investigated Perkins and presented her findings and a report to JTS and DOE-ID. Shortly thereafter, Rafferty began being cited, at Perkins' instigation, for minor procedural security issues and other trivial concerns. Rafferty also noticed several whispered conversations between Longua and Perkins. Rafferty was concerned because she had also previously disciplined Longua, and knew he was angry about that action. Further, DOE-ID was JTS's customer, and Rafferty was worried about retaliation.
In October 2013, Rafferty started having health problems, including severe insulin resistance, sleep apnea, and insomnia. Such problems led her to lose sleep and become significantly fatigued. In November 2013, Rafferty was called in by the DOE-ID lead, Ken Gordon, to discuss a complaint Perkins had made regarding Rafferty not coming into work on time. Rafferty informed Gordon of her health conditions and, with Gordon's approval,discussed her health problems with both Perkins and JTS's employees. Rafferty explained that her condition was causing sleeplessness, grogginess, and other health issues, but that she was working with her doctor to resolve her symptoms.
In January 2014, Rafferty met with her supervisor and Vice President of JTS, Patrick Lashinki, who informed Rafferty that an anonymous complaint letter had been received about her. Lashinki would not allow Rafferty to see the letter, but outlined the allegations contained therein. Rafferty met with Lashinki, Human Resources, and her team members, including Longua, to discuss the letter and rebut its allegations. Rafferty alleges Longua was visibly upset when Rafferty provided evidence to contradict or explain the allegations in the letter. Longua has since admitted he was "98% certain" that he authored the letter. Dkt. 66-11, at 49:14-19.3 Rafferty subsequently shared more extensively with Lashinki about her health conditions, including insulin resistance, depression, sleep apnea, and other related problems.
In June of 2014, Rafferty underwent a Periodic Review ("PR") of her security clearance. Rafferty passed and her clearance was continued by the DOE-ID office on June 30, 2014. However, on July 3, 2014, Rafferty had an altercation with another DOE-ID employee, Edith Ruiz, after Rafferty took down signs Ruiz had placed in the women's restroom that Rafferty believed were offensive and discriminatory to people with disabilities. Ruiz was upset that Rafferty took down the signs and grabbed Rafferty's wrist to try to pull her out of her cubicle. Ruiz also repeatedly slapped Rafferty's leg, screamedat Rafferty about "being nasty to DOE," and insisted the signs should not have been taken down. Dkt. 4, at ¶ 31. Distraught over the incident and concerned about the physical nature of the conflict, Rafferty filed an incident report with the Idaho Falls Police Department. Rafferty also filed a workplace violence complaint.
Although Ruiz was purportedly reprimanded by DOE-ID for physically assaulting Rafferty, JTS refused to address the situation, and ultimately told Rafferty that allegations had been made against her and things "could get ugly." Id. at ¶ 35. JTS's management and Human Resources would not tell Rafferty what the allegations against her were. On July 10, 2014, Lashinki told Rafferty she had two options: resign or be terminated. Lashinki was very upset and told Rafferty he did not want to let her go. He confided that Perkins had offered JTS a sole source contract if JTS would fire Rafferty and that "this was just business." Id. at ¶ 36. Rafferty decided to resign and was given a severance by JTS. In exchange, Rafferty signed an agreement which explicitly released JTS from all claims arising out of Rafferty's employment with JTS.
On or about September 26, 2014, KeyPoint conditionally offered Rafferty an investigator position. In 2014, KeyPoint performed background investigation services under a contract with OPM. Because of the sensitive nature of the work, OPM had to grant each individual investigator access to its contract before the investigator could begin working. Upon hiring her, KeyPoint submitted Rafferty's information to OPM to request that OPM allow her access to its contract.
OPM and KeyPoint formally communicated about KeyPoint investigators working on OPM's contract through a proprietary OPM computer program called "PIPS." Dkt. 63 at ¶ 6. On October 14, 2014, OPM sent KeyPoint a message via PIPS granting Rafferty access to its contract based on the recent PR of Rafferty's security clearance that had occurred while she was still employed with JTS. However, in order for Rafferty to maintain this access, OPM asked that she complete an updated background investigation form—known as an "SF-86"—with any new information that had developed since Rafferty's prior background investigation closed on May 21, 2014. Dkt. 66-24, at ¶ 14.
On or about October 20, 2014, Rafferty completed the SF-86 and transmitted it electronically directly to OPM. As required, Rafferty disclosed financial information, medical information, and other sensitive and personal matters on her SF-86. Upon review of Rafferty's SF-86, OPM submitted a request for a Reimbursable Suitability/Security Investigation ("RSI").4 The RSI specifically identified the scope of the investigation as follows: Dkt. 66-19, at 73. OnOctober 23, 2014, OPM also added that the Idaho Falls Police Department should be contacted to obtain Rafferty's July, 2014 assault report against Ruiz. Id.
On December 1, 2014, Rafferty began her employment with KeyPoint, and started training with a KeyPoint employee named Glenn Young. On December 10, 2014, Rafferty and Young went to the DOE-ID PERSEC in order to review files as part of their investigative duties for KeyPoint. When Rafferty and Young arrived at the office, they had to wait a significant period of time to obtain an escort to allow them entrance into the facility. Rafferty alleges both the lengthy wait and being escorted were unusual and were not JTS's protocol while she worked there. In addition, Longua—who had since taken over Rafferty's former position as Program Manager for JTS—was the individual who eventually escorted Rafferty and Young while they were in the office. Longua asked Young for his business card, claiming he collected them. Rafferty contends this was suspicious, and that it indicated Longua was attempting to gather information about her new employment. When Rafferty commented on the day's peculiarity, Longua responded that PERSEC was doing things differently, and that investigators were no longer allowed to be unescorted. Despite the uncomfortable visit to PERSEC, Rafferty's training...
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