Jeffries v. Lynch

217 F.Supp.3d 214

Timothy JEFFRIES, Plaintiff,

v.Loretta LYNCH, Attorney General U.S. Department of Justice, Defendant.

Civil Action No. 1:15-cv-01007

United States District Court, District of Columbia.

Signed November 15, 2016

Jerry Robert Goldstein, Silver Spring, MD, for Plaintiff.

Marsha Wellknown Yee, Peter C. Pfaffenroth, U.S. Attorney's Office, Washington, DC, for Defendant.

MEMORANDUM OPINION

BERYL A. HOWELL, Chief Judge

The plaintiff, Timothy Jeffries, is an African-American male and an employee of the Bureau of Justice Assistance ("BJA") within the Department of Justice ("DOJ"). Compl. ¶ 6, ECF No. 1. He asserts a multitude of claims against the defendant, United States Attorney General Loretta Lynch, in her official capacity, alleging discrimination on the basis of his race and sex, and retaliation, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e–1 –2000e–17. Compl. ¶¶ 44, 47. These claims arise out of the plaintiff's non-selection for seven BJA positions for which he applied between 2011 and 2014, as well as the alleged denial of cash and time-off awards in 2011 and 2012. See generally Compl.

The plaintiff paints a picture of an agency marked by factionalism, with Caucasian, middle-age mothers, whom the plaintiff calls collectively the "mommies group," on one side and African-American men on the other.¹ From DOJ's perspective, the plaintiff is a "prolific complainer," Def.'s Reply Supp. Def.'s Mot. J. Pleadings or Summ. J. ("Def.'s Reply") at 1, ECF No. 16, who "routinely applie[s] for positions for which he [is] not the most qualified" and then brings an EEO complaint, Mem. Supp. Def.'s Mot. J. on the Pleadings or Summ. J. ("Def.'s Mem.") at 1, ECF No. 7-1.

Before discovery commenced in this lawsuit, DOJ moved for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c), or, alternatively, for summary judgment pursuant to Federal Rule of Civil Procedure 56(a), see Def.'s Mot. J. on the Pleadings or Summ. J. ("Def.'s Mot."), ECF No. 7, prompting the plaintiff to move for relief under Federal Rule of Civil Procedure 56(d), see Pl.'s Mot. Relief Under Rule 56(d) ( "Pl.'s Mot."), ECF No. 10.² For the reasons set forth below, DOJ's motion for summary judgment is granted, and the plaintiff's motion is denied.

I. BACKGROUND

The plaintiff has been an employee of the Office of Justice Programs ("OJP") in DOJ since 2000. Compl. ¶ 6. He is currently employed as a Policy Advisor, a GS-13 position, in the Substance Abuse and Mental Health Division ("SAMH") of the BJA, which is housed within OJP. Id. ¶ 4. A brief recitation of the allegations underlying each of the plaintiff's claims is set out below.

A. The Plaintiff's Previous EEO Activity and Priority Consideration Letter

In 2006, the plaintiff was passed over for a GS-14 Program Analyst position in the BJA. Compl. ¶ 15; Pl.'s Opp'n, Ex. 1 ("Jeffries Decl.") ¶ 10, ECF No. 9-3. According to the plaintiff, "[his] application ... had been given the highest score among all of the applicants," but "[he] was neither interviewed nor selected." Compl. ¶ 15; Jeffries Decl. ¶ 10. DOJ offered the position to a Caucasian female applicant, who ultimately turned down the offer. Jeffries Decl. ¶ 10. The plaintiff submitted an application when the vacancy was re-advertised in 2007, but he was not given an interview.³ Id. Ruby Qazilbash, an Asian female,⁴ was selected for the position. Id. Acknowledging that the plaintiff had mistakenly not been interviewed for the position, on July 30, 2007, DOJ gave the plaintiff a priority consideration letter "for the next open position similar and in the same geographical area to the one which proper consideration was missed." Pl.'s Opp'n, Ex. 9, ECF No. 9-5. The letter further indicated that the plaintiff would be considered for any such position before issuing public notice of the vacancy and that he would be notified in writing when he had received priority consideration for a position. Id.

"For four years after [he] received the priority consideration letter, [the plaintiff] was never notified that [his priority consideration letter] had been used."⁵ Jeffries Decl. ¶ 11. Consequently, in late January 2011, the plaintiff inquired with the Deputy Director of OJP Human Resources ("HR"), Jennifer McCarthy, as to the status of the letter. Id. Initially, Ms. McCarthy was unable to locate the letter, but in late February 2011, after the plaintiff furnished a copy and stated that he would contact his attorney, Ms. McCarthy found HR's copy. Id.

B. The Plaintiff's Non-Selections and Award Denials at Issue in This Case

The plaintiff's instant claims arise out of seven non-selections occurring from 2011 to 2014, and alleged denials of cash and time-off awards in 2011 and 2012, which non-selections and awards denials are described below.

1. First Non-Selection in Spring 2011

In March 2011, DOJ announced two vacancies for GS-14 Supervisory Grants Program Manager positions within the BJA. Id. ¶ 12. After seeing the vacancy announcements, the plaintiff asked Ms. McCarthy why HR had not used his priority consideration letter for the open positions. Id. Ms. McCarthy agreed to allow the plaintiff to utilize the letter for the recent openings. Id. ; Def.'s Statement of Material Facts ("Def.'s SMF") ¶¶ 10–14, ECF No. 7-2. The plaintiff submitted a résumé as well as his "knowledge, skills, and abilities" ("KSAs"), as requested by HR. Jeffries Decl. ¶ 13. On May 11, 2011, the plaintiff was interviewed by a three-person panel consisting of Jonathan Faley (Caucasian male), Tammy Reid (African-American female), and Edison Aponte (Hispanic male), each of whom had been named as a "responsible management official" in his previous EEO complaints. Id. ; Def.'s SMF ¶ 15. At the end of his interview, the plaintiff "asked the panelists if they felt [he] was qualified for the position and when a decision would be made," to which the panel responded that other candidates would have to be interviewed before a decision could be reached. Jeffries Decl. ¶ 15.

The panel did not recommend the plaintiff for an interview with the selecting official, id. ¶ 14; Def's SMF ¶ 16, and DOJ subsequently notified the plaintiff by letter that he was not selected for the position because he had failed to: (1) "demonstrate what experience or skills set ha[d] prepared [him] for staff supervision and oversight of a grant management team;" (2) "explain or identify work methods, organizational structures and management processes or other procedures to resolve issues;" (3) "address complex issues that impacted grant programs or facets of large complex projects and programs;" and (4) "interpret any participation in management operation or planning meetings to discuss program or project milestones and activities," Def.'s Mot., Ex. 2, ECF No. 7-3. DOJ ultimately hired two candidates who were unanimously recommended by the interview panel to fill the two positions: Naydine Fulton-Jones (African-American female) and Esmerelda Womack (Caucasian female). Compl. ¶ 24; Def.'s SMF ¶ 25. Neither Ms. Fulton-Jones nor Ms. Womack had prior EEO activity. Compl. ¶ 24.

2. Second Non-Selection in Late 2011/Early 2012

In the fall of 2011, the plaintiff applied for a GS-13/14 level position as Special Assistant to the Deputy Director in the BJA Policy Office. Compl. ¶ 26; Def.'s SMF ¶ 30; Def.'s Mot., Ex. 57, ECF No. 7-4. The vacancy announcement describes the Special Assistant's responsibilities as, inter alia , preparing, writing, and reviewing a wide variety of written materials; collecting and assembling key documents and reports; facilitating administrative processes and handling special projects; tracking Policy Office performance; attending briefings; preparing correspondence; developing and maintaining relationships with internal and external stakeholders; and researching and analyzing problems and issues. Def.'s Mot., Ex. 57.

The interview panel, consisting of Patrick McCreary (Caucasian male), Ellen Williams (African-American female), and Ruby Qazilbash (Asian female), rated the plaintiff sixth out of the eight interviewees. Def.'s SMF ¶ 32; Def.'s Mot., Ex. 17, ECF No. 7-3. In a letter dated December 8, 2011, the panel unanimously recommended the ultimate selectee, Cornelia Sorensen-Sigworth (Caucasian female) for the position, and BJA Director Denise O'Donnell concurred. Def.'s SMF ¶ 33; Def.'s Mot., Ex. 17.

Mr. McCreary and Ms. Williams did not know about the plaintiff's prior EEO complaints. Def.'s SMF ¶ 37; Pl.'s Opp'n at 31. Ms. Qazilbash was first made aware of the plaintiff's protected activity in 2008 and received notice on July 1, 2011, of a pre-complaint or complaint filed by the plaintiff. Def.'s Mot., Ex. 18 at 3, ECF No. 7-3.

3. Third Non-Selection in Early 2013

Toward the end of 2012, the plaintiff applied for several vacancies within the BJA. First, the plaintiff unsuccessfully applied for the GS-14 position of Senior Policy Advisor for Evidence Integration opening. Def.'s SMF ¶ 40. The position's job duties were described as managing and directing quality improvement programs; analyzing the effectiveness of programs; designing and maintaining methods to implement the Government Performance and Results Act; planning and directing a variety of service functions such as communication, procurement of administrative supplies, printing, property and space management, records management, mail service, facilities maintenance, and transportation; and researching and analyzing problems. Def.'s Mot., Ex. 58, ECF No. 7-4.

A panel consisting of Edison Aponte, Elizabeth Griffith, and either Becky Rose or Kristina Rose interviewed six candidates. Def.'s Mot., Ex. 19, ECF No. 7-3. Kristina Rose conducted the plaintiff's interview. Def.'s SMF ¶ 42. There was "strong consensus" among the panelists that "Ed Banks and Kristen Kracke were clearly the top candidates" and these individuals were recommended for a second interview. Def.'s Mot., Ex. 19. As between Mr....