West v. Norton
| Decision Date | 01 November 2004 |
| Docket Number | No. CIV. 03-589JBWDS.,CIV. 03-589JBWDS. |
| Citation | 376 F.Supp.2d 1105 |
| Parties | Angela WEST, Plaintiff, v. Gale NORTON, Secretary, United States Department of the Interior, Defendant. |
| Court | U.S. District Court — District of New Mexico |
Timothy L. White, Madison, Harbour, Mroz & Brennan, P.A., Albuquerque, for the Plaintiff.
David C. Iglesias, United States Attorney, John W. Zavitz, Michael H. Hoses, Assistant United States Attorneys, Albuquerque, for the Defendants.
THIS MATTER comes before the Court on the Defendant's Motion for Summary Judgment, filed April 12, 2004 (Doc. 24). The primary issue is whether a genuine issue of material fact exists with respect to the Plaintiff Angela West's discrimination and retaliation claims against the Defendant. The Court held a hearing on this matter on July 15, 2004. Because the Court finds that West has not demonstrated that any genuine issue of material fact exists requiring a trial on any of her claims, the Court will grant the Defendant's Motion for Summary Judgment and dismiss West's claims.
This case arises out of a series of events that occurred during West's employment with the Defendant.1 Between January, 1999, and October, 2001, the Department of the Interior, Bureau of Land Management ("BLM"), employed West as an Outdoor Recreation Planner, level GS-13. See Declaration of Rita Montoya ¶ 5, at 2 (executed April 8, 2004)(hereinafter "Montoya Decl."). West's official duty station was at the BLM's Santa Fe office. See Deposition of Angela West at 81:25 to 82:1 (taken January 14, 2004)(hereinafter "West Depo.").
In September, 1999, the BLM hired Carsten Goff to serve as the Deputy State Director for the BLM's Santa Fe office. See Declaration of Carsten Goff ¶ 1, at 1 (executed April 9, 2004)(hereinafter "Goff Decl."). Between September, 1999 and August, 2000, Goff was West's immediate supervisor. See id. ¶ 2, at 1. In August, 2000, the BLM hired Gary Johnson to serve as Goff's assistant, and Johnson became West's immediate supervisor. See id. West disputes this fact, alleging that Goff continued his supervisory responsibility and active role in supervising West. See Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment, ¶ 2 at 1-2, filed May 6, 2003 (Doc. 34)(hereinafter "Response"). According to West, Johnson continued to confer with Goff on all significant personnel decisions, and took most, if not all, of his directions from Goff in regard to personnel decisions. See id. West, however, offered no evidence to support this assertion because West's counsel did not file exhibits in support of the opposition to Defendant's motion.
During the relevant time period, Richard Whitley served as the BLM's Associate State Director, and Michelle Chavez served as the State Director. See Goff Decl. ¶ 1, at 1. Whitley was Goff's immediate supervisor. See id.
West alleges that Goff created a hostile work environment by: (i) providing oral and written criticism about her to management, to peers, and to her during formal Employee Performance Plan and Results Report ("EPPRR") sessions;2 and (ii) communicating with her in a manner that was often hostile, punitive, loud, and angry. See Complaint for Damages for Sex Discrimination and Retaliation ¶ 7(a) at 3, filed May 16, 2003 (Doc. 1)(hereinafter "Complaint").
West was not present when Goff allegedly orally criticized her to management personnel. See West Depo. at 77:22-25. Goff would tell West that he had spoken with management and had told them, for example, that she had missed deadlines. See id. at 78:1-24; id. at 79:6-21.
West contends that Goff also criticized her in a number of written documents. See West Depo. at 45:22 — 57:4. These documents included: (i) a Letter of Reprimand that Goff issued to West at 1 (August 14, 2000)("Letter of Reprimand"); (ii) a Letter of Concern that Johnson issued to West at 1 (dated January 22, 2001)("Letter of Concern"); (iii) two e-mails and one handwritten note from Johnson to Whitley (dated September 10, 2001, September 11, 2001, and October 25, 2001, respectively); and (iv) an e-mail from Johnson to West (October 24, 2001). See id. Of these written communications, the Letter of Reprimand and the Letter of Concern occurred before West sought Equal Employment Opportunity ("EEO") counseling. See Montoya Decl. ¶ 9, at 4 (); Letter of Concern at 1; Letter of Reprimand at 1.
West also alleges that Goff criticized her in front of her peers. See West Depo. at 88:11 — 89:25. West contends that Goff was frequently "hostile or punitive or kind of nasty" to her during staff meetings. Id. at 88:11-13. At one staff meeting, when West leaned over to say something to the person seated beside her, Goff asked whether West had something to say or share with the group. See West Depo. at 88:14 — 89:12. West characterizes Goff's manner of speaking to her on this occasion as hostile and nasty. See id. at 88:12 — 89:16. On another occasion, Goff pointed out that West had missed a meeting. See id. at 89:17-21. In her response, West contends that Goff's hostile demeanor was apparent and that Goff did not address male employees in the same fashion. West failed, however, to support this allegation by offering any exhibits into evidence. West's deposition, therefore, is the only evidence supporting Goff's demeanor at this meeting. West also alleges that, at one point, Goff made a statement to the staff via e-mail that the recreation group, which is West's program, had not been represented at a staff meeting. See id. at 87:13-25. West contends that this was an oral criticism because, although true, Goff did not mention other people who were also absent from the meeting. Again, because West did not introduce any exhibits into evidence, her testimony is the only evidence in the record to support this contention.
West attended two EPPRR sessions in 2000 and two sessions in 2001. See West Depo. at 91:1-5; Declaration of Gary L. Johnson ¶ 3, at 1 (executed April 9, 2004)(hereinafter "Johnson Decl."). West alleges that, during the 2000 mid-year EPPRR session, Goff responded in a hostile manner when West brought up the issue of workload. See West Depo. at 92:21 — 94:19. West contends that, at the 2000 mid-year EPPRR session, Goff acted "cranky" and raised his voice at her. Id. at 96:1 — 97:5. Goff acknowledges that he, at times, may have raised his voice "in an effort to make my point[,]" but he denies that he ever yelled or screamed at West. See Goff Decl. ¶ 4, at 2. Despite West's allegations that Goff criticized her work in the EPPRR sessions, there is no evidence in the record supporting any criticism occurred in the 2000 end-of-the-year EPPRR session. See BLM Letter at 1(dated May 10, 2002); West Depo. at 97:6-21 ().
In 2001, West's mid-year EPPRR occurred in May, and her year-end EPPRR session occurred in October. See Johnson Decl. ¶ 3, at 1. Again, despite the allegations that Goff criticized her work during these sessions, there is no evidence in the record to support this contention. Moreover, despite the alleged criticisms during the EPPRR sessions, the sessions for the 2000 — 2001 period were fully successful. See Goff Decl. ¶ 4, at 2.
Goff denies ridiculing or intimidating West when providing feedback and/or criticism to West. See id.
West alleges that she was the victim of disparate treatment when: (i) her supervisors assigned her the duties of a male BLM employee, Dave Mensing, who moved to the BLM Washington office in March, 2000, and Goff denied her repeated requests to be relieved of those duties; (ii) in June, 2000, Goff denied her permission to attend a conference in Spain; (iii) in August, 2000, Goff issued her a Letter of Reprimand; (iv) in January, 2001, Johnson issued her a Letter of Concern; (v) in March, 2000, her supervisors denied her request to attend a financial training course; (vi) she was not allowed to attend meetings; and (vii) she was required to submit a weekly report regarding her whereabouts.
On March 9, 2000, a fellow employee, Dave Mensing, left the Santa Fe office. See Goff Decl. ¶ 5, at 2. Because Mensing's departure coincided with Goff starting as a new supervisor, on or around March 9, 2000, West volunteered to assume some of Mensing's duties. See West Depo. at 110:3-9. According to West, however, she communicated that she was willing to only accept the additional work for a limited period — "a few months ... while [the office] was in transition." Id. at 110:12-15.
On July 17, 2000, West requested relief of Mensing's duties, which was denied. See id. at 114:23-24. According to the BLM's letter of investigation, West submitted numerous verbal and eight written requests to be relieved of the additional workload. See BLM Letter at 1-2. The last of these requests occurred on August 1, 2001. See id. All of her requests to be relieved from the additional duties were denied. See West Depo. at 140:12-14.
At no time between March, 2000, and October, 2001, was West required to work in excess of forty hours per week or more than eighty hours per pay period. See Goff Decl. ¶ 7, at 2-3.
West did not seek EEO counseling within 45 days of the denial of each request, with the exception of the meeting on August 1, 2001. See Montoya Decl. ¶ 8, at 3-4.
On or about May 25, 2000, BLM's International Program Coordinator, Joyce Fierro, submitted a Foreign Travel Certification Form to the agency, requesting permission to attend the V Congresso Internacional Camineria Hispanica conference...
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