Mathis v. Perry

996 F.Supp. 503

Karen J. MATHIS, Plaintiff, v. William R. PERRY, Defendant.

No. Civ.A. 96CV394-A.

United States District Court, E.D. Virginia, Alexandria Division.

June 23, 1997.

COPYRIGHT MATERIAL OMITTED

Michael P. Deeds, Kestell & Associates, Washington, DC, for Plaintiff.

Jeri K. Somers, Office of the U.S. Atty., Alexandria, VA, for Defendant.

MEMORANDUM OPINION

PAYNE, District Judge.

Karen J. Mathis ("Mathis") instituted this action against her employer, the Defense Contract Audit Agency,¹ ("DCAA" or "defendant") pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended.² Mathis seeks damages and injunctive relief for the defendant's purported discrimination on account of Mathis' race (black) and gender (female) and for defendant's alleged retaliation for Mathis' filing of a discrimination complaint. Mathis also claims that she was subjected to a hostile work environment.³ Defendant filed a motion to dismiss portions of Mathis' Complaint and also filed a motion for summary judgment. For the reasons set forth below, the defendant's Motion for Summary Judgment is granted.

STATEMENT OF FACTS

Mathis' discrimination and retaliation claims arise from the conduct of several managers at two separate branches of DCAA: (1) the conduct of Charles Hay, Branch Manager of DCAA's Capital Branch office in Arlington; and (2) the conduct of Augustino Pastro, ("Pastro"), Manager of DCAA's Reston Branch, and William Cochrane, Regional Audit Manager ("Cochrane").⁴ To understand and assess Mathis' claims, it is necessary to consider them in the framework in which they arose. Hence, for clarity, and in accordance with the approach taken by the parties in their pleadings, the issues will be discussed in context of the respective branch office and management personnel on which Mathis has focused her claims.

I. Capital Branch Office

Mathis was first employed by DCAA in June 1980. She made steady, if not remarkable, progress thereafter. In 1990, she received excellent evaluations, was recommended for a promotion and was given a monetary performance award. In 1991, Mathis was promoted to a GM-13 managerial level position and was assigned to work as Special Assistant to the Branch Manager of DCAA's Annandale Office in Springfield, Virginia. In March 1992, after she reportedly complained about the discriminatory and offensive atmosphere in DCAA's Annandale Office, and, upon her request, Mathis was transferred to the National Academy of Sciences, which is associated with DCAA's Capital Branch office in Arlington, Virginia. Complaint at ¶¶ 8-11; Mathis Aff. at ¶¶ 3, 4. The Capital Branch Office conducts audits of independent defense contractors located within the region for which the Branch has responsibility.

Augustino Pastro ("Pastro") served as Branch Manager of DCAA's Capital Branch office when Mathis was transferred there. In September 1992, Mathis became one of five supervisory auditors, who directly reported to Pastro. DEX 27 at 6. At some point before March 10, 1993, Mathis drafted a memorandum to Pastro, in which she asserted that her workload was heavier than that of the other supervisory auditors.⁵ On March 10, 1993, Pastro told Mathis that he would not make any changes to the work plan, which he had established in October 1992, because a new branch manager would soon replace him. Mathis Aff. ¶ 4.

During Pastro's tenure as Capital Branch Manager, Mathis spent more time at the suboffices under her responsibility than did any other supervisory auditor. Mathis claims that this was because she was the only supervisory auditor who had responsibility for major and mobile contractors.⁶ In addition, Mathis complained that her allergies were exacerbated by the mildew and dampness of the Capital Branch Office. In response, Pastro exercised his discretion and permitted Mathis to work off-site. DEX 27 at 29.

In March 1993, Charles Hay ("Hay") replaced Pastro as Branch Manager of the Capital Branch Office. After Hay's arrival on the job, but while he was attending a training program away from the office, Mathis removed the majority of her belongings from her office at the Capital Branch and set up shop at SYSCON, a contractor located in Georgetown, Washington, D.C., for which Mathis' team had audit responsibility ("suboffice"). DEX 26, p. 9; DEX 25, p 17. She made no effort to clear this action with Hay, nor had it been previously approved by Pastro.

On May 6, 1993, Hay presented two memoranda to Mathis. DEX 3, 5. The first memorandum, entitled "Observations of My First 30 Days," noted numerous problems with Mathis' performance, including her absence from the office, failure to perform requested assignments, and improper audit planning.⁷ DEX 3. Although Mathis takes issue with several portions of Hay's memorandum,⁸ she does not deny receiving it. Mathis Aff. ¶ 5.

The second memorandum issued by Hay on May 6, 1993, required Mathis to perform her duties at the Capital Branch Office, rather than at the suboffice. In an effort to accommodate Mathis' allergy sensitivities, Hay offered Mathis the option of working in a different office space within the branch. Hay also reminded Mathis that DCAA's Mid-Atlantic Regional procedures required her to obtain his approval before earning and using credit hours. DEX 5.

Mathis claims that Hay's demands made it difficult for her to work because, unlike the other supervisory auditors, the audit teams for which she was responsible were located at various suboffice locations. Mathis alleges that no other auditor received a similar restriction on his or her duties. That, of course, is not surprising if the allegation in the preceding sentence is true. Finally, Mathis claims that working in the Capital Branch Office would have aggravated her allergies even had she moved to another office space within that branch. Mathis Aff. ¶ 6. Although Mathis offered no support for that assertion, it is undisputed that Mathis was permitted to continue working from the suboffice location, as she wished.⁹

According to Mathis, the only basis to explain Hay's demanding that she use the Capital Branch Office as her base of operations is discrimination. She grounds that conclusion in the following: (1) Hay ignored Mathis' questions and concerns; (2) Hay commented on the appearance of Mathis and of other female DCAA employees, including their hairstyle and dress; and (3) Hay made gender insensitive comments to Mathis, including "keep [your] skirt on" and "stop [your] bitching." Mathis Aff. ¶ 7.

On June 17, 1993, Hay reminded Mathis that her requirements plan was long overdue and requested that she bring it personally to his office the next business day. DEX 6. According to Mathis, Hay had informed her earlier that day of the changes he wanted made to the plan, but understood that, because Mathis was leaving town for her brother's wedding, the plan would be completed by one of Mathis' senior auditors. Nonetheless, Mathis claims that Hay's insistence on a personal meeting forced her to miss her brother's wedding. Mathis Aff. ¶ 8.

On August 18, 1993 Hay sent Mathis a memorandum, which informed her that changes had been made to the building, which he believed would alleviate her allergy problems. He then directed her to henceforth use the Capital Branch Office as her base of operation. DEX 8. Without even attempting to use the Capital Branch office as a base, Mathis interpreted the environmental impact study of the building and asserted that the remedial steps taken would not cure the conditions which aggravated her allergies. Mathis also claimed that the environmental changes would not obviate her need to spend time at the suboffices due to the nature of her work.¹⁰ Mathis Aff. ¶ 9. Again, it is undisputed that Mathis was permitted to continue working from the suboffice, although the parties differ as to how that came about.

In a second memorandum dated August 18, 1993, Hay detailed a list of work items as to which Mathis was in default. DEX 7. Mathis alleges that this work was in fact completed and handed in, except for one nonpriority report which needed information contained in a report that had not been completed by a contractor. Mathis Aff. ¶ 9.

On August 19, 1993, Mathis initiated an informal Equal Employment Opportunity ("EEO") complaint, charging race and gender discrimination,¹¹ based on: (1) Hay's insistence that Mathis use the Capital Branch Office as her base of operations, rather than the suboffice, where she could better supervise her auditors and where her allergies would not be aggravated; and (2) the unfair distribution of workload and staffing. Mathis Aff. ¶ 10; DEX 17; Mathis Decl., Exhibit 1, filed with Plaintiff's opposition to Defendant's Motion to Dismiss (Sept. 25, 1996).

On August 20, 1993, Hay summarized a conversation with Mathis in a memorandum for the file, noting that Mathis continued to complain about his having ordered her to work from the Capital Branch Office. Hay also recorded that, during a discussion with Mathis about her failure to meet deadlines, Mathis replied that she found it difficult to manage her workload as well as her personnel matters.¹² DEX 9. At an unknown date in September, Hay reportedly learned about Mathis' EEO complaint. Hay Dep. at 33.

On September 30, 1993, Hay completed an auditor promotion appraisal form for all auditors. He rated Mathis between Level 1 (candidate needs further development of present skills and abilities in order to meet the fully successful performance expectations for the next higher grade) and Level 2 (candidate has the skill and ability to meet the fully successful performance for the next higher grade).

By memorandum dated October 6, 1993, Hay asked Mathis to provide documentation to support her assertion that her medical condition was adversely affected by the conditions at the Capital Branch Office notwithstanding that the building had been altered and an environmental study conducted. DEX...