Gallaway v. Rand Corp., 2:18-cv-01379-RJC

STACEY GALLAWAY, Plaintiff, v. RAND CORPORATION, Defendant.

2:18-cv-01379-RJC

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

April 27, 2020

OPINION

Robert J. Colville, United States District Judge.

Pending before the Court is Defendant RAND Corporation's Motion for Summary Judgment. (ECF No. 25). For the reasons stated herein, the motion will be granted as to Plaintiff's claims of racial discrimination in Counts II and III and denied as to the remaining claims.

I. Introduction and Factual Background

A. Procedural History

This employment discrimination action was initiated by Plaintiff Stacey Gallaway ("Plaintiff") with the filing of a complaint on October 16, 2018. (ECF No. 1). Count I alleges violations of the Equal Pay Act, 29 U.S.C. § 206(d); Count II alleges gender and race discrimination in violation of Title VII, 42 U.S.C. § 2000e-(2)(a)(1); Count III alleges racial discrimination in violation of the Civil Rights Act of 1866, 42 U.S.C. § 1981.

On December 14, 2018, Defendant RAND Corporation ("Defendant" or "RAND") filed an answer. (ECF No. 7). Discovery ended on August 5, 2019 and the Court entered a Case Management Order setting forth a briefing schedule. (ECF No. 22). On September 20, 2019, RAND filed the now-pending Motion for Summary Judgment (ECF No. 25) with Brief inSupport (ECF No. 26), as well as a Concise Statement of Material Facts (ECF No. 27) and Appendix. (ECF No. 28). Plaintiff has filed a Brief in Opposition (ECF No. 31), a Concise Statement of Material Facts (ECF No. 33) ("Pl.'s Concise Stmt. of Facts"), and an Appendix thereto. (ECF No. 34). RAND has filed a Reply Brief (ECF No. 35), an additional Concise Statement of Material Facts (ECF No. 36) and supplemental Appendix (ECF No. 37). Plaintiff has filed a Response to RAND's Concise Statement of Material Facts. (ECF No. 39). The parties jointly filed a Combined Statement of Undisputed Material Facts ("CSUMF") as well. (ECF No. 40).

On February 4, 2020, this case was reassigned to this member of the Court for all further proceedings. (ECF No. 41).

The matter is now ripe for consideration.

We have jurisdiction pursuant to 28 U.S.C. § 1331.

B. Factual Background

Unless otherwise noted, the following facts are not in dispute, and are presented in the CSUMF.¹

The RAND Corporation and Contract Administrators

RAND is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. A crucial component of RAND's work centers on its Contracts and Grants Department and the Contract Administrators employed in that department.

Plaintiff is currently employed as a Contract Administrator ("CA"). She alleges RAND has paid her less than male CAs in her same department, the Contracts and Grants Department,which is a business support function responsible for assisting RAND's researchers in preparing grants and proposals. Those grants and proposals are prepared for submission to federal government agencies and other potential sponsors of research projects. The research projects funded by such grants and proposals are key sources of RAND's revenue.

RAND employs four levels of Contract Administrators: Contract Administrator I, Contract Administrator II, Contract Administrator III, and Contract Administrator IV (referred to as "CA I," "CA II," "CA III," and "CA IV," respectively). As will be described more fully infra, after a fellow employee took medical leave in the Spring of 2017, assignments in the Contracts and Grants Department shifted. Plaintiff believed she was entitled to a promotion as a result; her request in September 2017 to be moved from a CA I position to a CA III position was denied. She was instead promoted to a CA II on December 11, 2017 with a salary increase.

By way of background, it is helpful to understand the different job descriptions, purposes and requirements of the CA levels. The "Duties and Responsibilities" for each CA position are described identically, as CAs may perform any or all of the following duties:

• Provide advice to RAND research staff regarding proposal preparation and interpretation of client requirements.

• Draft contract terms and conditions acceptable to RAND and RAND's clients.

• Coordinate the negotiation of contract and grant awards with RAND clients.

• Interpret contract and grant terms and conditions and advise RAND management as to acceptability.

• Monitor active projects for compliance with client and RAND requirements and prepare periodic status reports.

• Facilitate problem identification and resolution in a variety of pre and post award areas.

• Assist with miscellaneous contractual matters such as copyrights and non-disclosure agreements and intellectual property matters.

• Prepare, negotiate, administer, and monitor subcontract agreements.

• Maintain cooperative working relationships with other offices within RAND sharing for proposal preparation/contract administration and provide advice and assistance as needed.

• Serve as primary liaison to RAND clients on substantial and/or sensitive contractual/business matters.

• Coordinate the project close-out process.

• Assist the Director of the Office in a wide variety of projects.

The job descriptions differ, however, in the prerequisite "Education and Work Experience" attendant to each position:

Position

Education

Relevant Experience

CA I

Minimum: High School

Preferred: AS/AA

Minimum: 1-2 years

Preferred: None

CA II

Minimum: AS/AA

Preferred: BS/BA

Minimum: 3-5 years

Preferred: 6-8 years

CA III

Minimum: BS/BA

Preferred: None

Minimum: 6-8 years

Preferred: None

CA IV

Minimum: BS/BA

Preferred: MS/MA

Minimum: 6-8 years

Preferred: 9-10 years

Plaintiff has a high school diploma but does not have an undergraduate or associate degree. In 2017, when RAND promoted Plaintiff, all CA job descriptions were revised to include an "or equivalent experience" in the education requirements.

The stated "Primary Purpose" in each job description also varies:

Position

Primary Purpose

CA I

"Under general supervision, performs routine to moderately complex

contract and grant proposal preparation including pricing, negotiation and

submission of all pertinent forms. Prepares periodic performance and

strategy assessments for use in budget planning, developing forecasts and

projections using established policies, procedures and guidelines."

CA II

"Under general supervision, performs moderately complex to advanced

contract and grant proposal preparation including pricing, negotiation and

submission of all pertinent forms. Prepares periodic performance and

strategy assessments for use in budget planning, developing forecasts and

projections using established policies, procedures and guidelines."

CA III

"Under minimal supervision, performs advanced to highly complex

contract and grant proposal preparation including pricing, negotiation and

submission of all pertinent forms. Prepares periodic performance and

strategy assessments for use in budget planning, developing forecasts and

projections using established policies, procedures and guidelines."

CA IV

"Under minimal supervision, performs advanced to highly complex

contract and grant proposal preparation including pricing, negotiation and

submission of all pertinent forms. Prepares periodic performance and

strategy assessments for use in budget planning, developing forecasts and

projections using established policies, procedures and guidelines."

(emphasis added).

Plaintiff Stacey Gallaway

Plaintiff is an African American woman who currently is employed by RAND as a CA II with an annual salary of $77,000. She has a high school diploma but she does not have a college or associate degree. Before being hired by RAND, Plaintiff's work experience included working at: 1) the Allegheny County Law Department as administrative Legal Assistant III where she tracked child support cases, and wrote court orders to collect child support fees and payments; 2) the law office of Rosalyn Guy-McCorkle as an Administrative Legal Secretary generating letters and miscellaneous correspondence, as well as handled billing and expenses; 3) Children's Hospital of Pittsburgh as an Administrative Assistant II scheduling, making traveling arrangements, and working on grants and "grant-related" issues; and 4) Keevican, Weiss, Bauerier & Hirsch as a legal secretary and software support specialist, completing secretarial tasks, data collection and software training.

Plaintiff began her employment at RAND's Pittsburgh location in February 2012 as a full-time Administrative Assistant III. After six months in the Administrative Assistant III role,RAND promoted Plaintiff to Administrative Assistant IV/Research Department Assistant, increasing her salary from $48,000.00 per year to $53,000.00. Plaintiff kept working as an Administrative Assistant IV/Research Department Assistant until April 1, 2016, when RAND promoted her to a CA I position, increasing her salary to $60,000 per year. As a CA I, Plaintiff was assigned to work on RAND's "grant side" ("Grant Team").

2017 Grant Team: Management

In 2017, the Grant Team, including Plaintiff, reported to Gary Chee, Manager of the Grants Department, and Chee, in turn, reported to Dennis Flieder ("Flieder"), RAND's Director of Contracting Main Services. Chee has worked for RAND for 15 years and currently is employed as a Senior Contract Administrator IV. Chee works in RAND's Santa Monica, California location. Chee was involved in reviewing Plaintiff's qualifications for the CA I position and in deciding whether to hire Plaintiff as a CA I.

Flieder is currently employed by RAND as Contract Business Advisor. Before that, Flieder worked as Director of Contracting Main Services for about six years. In that role, Flieder oversaw RAND's entire contract function, supporting eight business units in submitting proposals, reviewing and negotiating grant...