Jones v. U.S. Dep't of Veterans Affairs

ORLANDO JONES, Plaintiff, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Defendant.

Civil Action No. 15-1384 (TJK)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

September 25, 2019

MEMORANDUM OPINION

Plaintiff Orlando Jones alleges that his former employer, Defendant Department of Veterans Affairs, discriminated against him in a variety of ways based on his race, gender, age, national origin, and disability, and then retaliated against him. Defendant has moved to dismiss Jones's disability discrimination claims and for summary judgment on all others. Defendant argues that it took no materially adverse action against Jones and, moreover, that a reasonable jury could not infer that it subjected him to discrimination or retaliation. For the reasons explained below, the Court agrees with Defendant. It will therefore grant its motion and enter summary judgment in its favor.¹

I. Background

A. Factual Background

Jones, an African-American male, was a GS-14 Lead Program Specialist at the Department of Veterans Affairs Learning University (VALU), where he worked in the Office of Policy and Resource Management. Def.'s SMF ¶ 1. He is also a service-disabled veteran who suffers from hypertension, anxiety, memory loss, and other ailments as a result of his disability. Pl.'s SMF ¶ 1. Jones's claims of discrimination and retaliation stem from a series of events at his workplace described below.

1. Alice Muellerweiss's Farewell Ceremony Comments

In May 2012, Anita Wood, the Director of VALU's Office of Policy and Resource Management and Jones's direct supervisor, left the Department. Def.'s SMF ¶ 2. At a farewell ceremony for her that month, Jones and others spoke in front of approximately 70 other VALU staff. Pl.'s SMF ¶ 14. Alice Muellerweiss, who is Caucasian and served as Jones's second-line supervisor, gave a presentation at the ceremony before Jones's remarks. Id. ¶ 8; Def.'s SMF ¶ 20. Jones recalls that, after he stood up to make his remarks, Muellerweiss said "Oh, dag, here comes Orlando. I might as well take me a seat, he's going to be forever." Pl.'s SMF ¶ 14. According to Jones, the other employees in attendance laughed at Muellerweiss's remark. Id. When asked about the ceremony, Muellerweiss did not recall making any comment towards Jones. Mot., Ex. 3 at 23:11-18. Other employees, however, recalled Muellerweiss addressing Jones, although they could not identify precisely what was said. Id., Ex. 1 at 23:12-15, Ex. 6 at 33:6-16, Ex. 8 at 57:13-17. Wood recalled feeling "uncomfortable" at the ceremony and was "taken back by" Muellerweiss's comment. Id., Ex. 1 at 23:12-15.

2. Meeting with Dr. Reginald Vance

After Wood's departure, Dr. Reginald Vance, who is African-American, became Acting Director of the Office of Policy and Resource Management. Def.'s SMF ¶ 26. In that capacity, Vance met with each member of the office one-on-one to "get a sense of the work that was being performed and how [he] could assist them with getting their work done." Id., Ex. 5 at 11:3-11. Prior to his meeting, Jones claims that he prepared a portfolio of all the work that he had completed for the year to discuss with Vance. Pl.'s SMF ¶ 17. When he arrived for his meeting on May 8, 2012, Jones asserts that he was forced to wait for ten minutes while Vance was on the phone. Id. And once Vance got off, he told Jones, referring to the portfolio, "what did you give me this here for," and "what would make you think I'd care." Id. (quoting Opp'n, Ex. 2 at 24:12-21; 25:6-11). Jones recalls that he responded by stating that, as a mentor, he thought Vance would care about his work and that he did not want to have any issues with him. Id. According to Jones, Vance then stood up, pointed a finger in Jones's face, and yelled "let me tell you one goddamn thing." Id. At that point, Jones asked that the meeting be rescheduled. Id.

Following the meeting, Jones reported Vance's behavior to "a number of individuals," including VALU's human resources director and Arthur McMahan, an African-American male serving as the Deputy Dean for VALU. Id. ¶ 18; Def.'s SMF. ¶ 29. Jones did not receive any follow-up from his reports of the incident. Pl.'s SMF ¶ 20.

Vance, for his part, recalls the meeting differently. In an email sent to his own supervisors summarizing the meeting, Vance reported that Jones had been "very hostile" and had attempted to "spur confrontation." Def.'s SMF ¶ 28. Later, however, Vance conceded that Jones "showed no outward signs of hostility" afterwards. Id.

Subsequently, around June 2012, Jones recalls that he learned through a secondhand source that McMahan had referred to him as a "smart ass" and "a know it all," and remarked thathe did not like Jones. Pl.'s SMF ¶ 19. Jones did not discuss these remarks with McMahan or any other manager at VALU. Def.'s SMF ¶ 31. McMahan denied making any such comments. Id. ¶ 32.

3. Jones's Team's Reorganization

In 2012, VALU underwent a reorganization because certain individuals under investigation for improprieties "could no longer perform their jobs." Def.'s SMF ¶ 33. Twenty-five VALU employees were moved in the reorganization. Defendant asserts that only one member of Jones's team was reassigned elsewhere, Def.'s SMF ¶ 34, while Jones says it was "several" of them, Pl.'s SMF ¶ 21-22. In any event, Jones asserts that as a result of these reassignments—which happened between May and July 24—his team was understaffed, which left him to complete "a massive redrafting of core VA policies" on his own. Id. ¶ 22. At the time, Jones was not told why the reorganization took place. Id. ¶ 23.

4. Christopher Burroughs's Appointment as Director

Following Wood's departure from VALU, Jones and others applied for the vacant position of Director of the Office of Policy and Resource Management. Id. ¶ 25. Christopher Burroughs, an African-American female, was appointed to the position in late July 2012. Id. at 26. According to Jones, Burroughs told him that VALU had preselected her for the position. Id. Although Jones asserts that he was more qualified for the position, he did not receive an interview and was ranked last among the 40 applicants. Id. In contrast, Jones heard from others that McMahan and Vance lobbied in support of Burroughs. Id. After learning about the appointment process, Jones filed a complaint with the Department's Inspector General alleging that the "selection process had been compromised." Pl.'s SMF ¶ 26; see Opp'n, Ex. 13 at 3.

When interviewed about Jones's allegations, Muellerweiss noted that of the approximately 40 candidates for the position of Director, only the six top-scoring candidatesreceived interviews. Opp'n, Ex. 15 at 7. She further stated that neither McMahan nor Vance had any influence on the ranking and that Jones's race, gender, national origin, age, or prior filings with the Equal Employment Opportunity (EEO) office had no effect on his position as the lowest-ranked candidate. Id.

5. Zelda Davis's Three-Day Term as Acting Director

In early August 2012, Burroughs, following her appointment as Director, informed her staff that the VALU leadership team would be working at an offsite facility for three days. Def.'s SMF ¶ 36. Burroughs appointed Zelda Davis, an African-American female serving as a GS-13 human resources manager, to be Acting Director in her absence. Pl.'s SMF ¶ 29. At the time, Jones, as a GS-14 employee, was higher-ranked. Id. Jones later asked Burroughs why Davis was appointed instead of him. Id. ¶ 30. He recalls that she "acknowledged that lower grade employees [were] not to be placed over higher ones" but that she had received approval from the legal department to do so. Id. According to Burroughs, she appointed Davis because of her knowledge of the office's workload over the relevant three-day period. Def.'s SMF ¶ 37.

On the first day that Davis was Acting Director, Jones left the building because of an episode of disability-related incontinence. Pl.'s SMF ¶ 31. Jones recalls that he was out of the office for approximately 35 minutes. Id. When he returned, he had received an email from Davis asking where he had been. Id. He replied stating, "I'm here, where are you?" Id. According to Jones, Davis then went to his office and "loudly demanded that he meet with her immediately in the conference room." Pl.'s SMF ¶ 32. Once there, she pointed her finger in his face and yelled "Where in the hell were you? What are you trying to pull? What is this all about? I didn't like your email." Id. Jones recalls that he told her to stop yelling and that she was invading his personal space. Id. In response, Jones recounted, Davis moved closer to him and said, "What are you going to do?" Id. At that point, Jones tried to leave the conferenceroom. Id. As he left, Davis followed him out and continued to yell at him within earshot of other employees in the office. Id.

That same day, Jones reported what had happened to another director at VALU. Pl.'s SMF ¶ 34. He asserts that he was not asked to provide a statement and was not interviewed about the dispute, although Burroughs solicited statements from other staff about it. Id.; Opp'n, Ex. 8 at 47:14-15.

Davis recalls the event differently. According to her, Jones had been away from the office "for hours" that morning. Def.'s SMF ¶ 38. She looked for Jones throughout the office building but did not find him. Id. When Davis returned from a break in the afternoon to find Jones in his office, she requested that he join her in the conference room. Id. ¶¶ 38-39. After asking where he had been, she recalls that Jones began to yell at her. Id. ¶ 39. According to Davis, Jones then opened the conference room door and told her loudly to stop yelling at him. Id. ¶ 40. When Davis replied that she had not raised her voice, he moved closer to her and again warned her to stop yelling at him. Id. Davis asked Jones whether he intended to hit her and called out to other employees that Jones was "trying to make a scene." Id.

Davis says she reported...