Norris v. Wash. Metro. Area Transit Auth., Civil Action No.: 16-cv-02120 (RC)

342 F.Supp.3d 97

Terri NORRIS, Plaintiff,

v.WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant.

Civil Action No.: 16-cv-02120 (RC)

United States District Court, District of Columbia.

Signed October 19, 2018

Donna Williams Rucker, Michael C. Fallings, Tully Rinckey PLLC, Washington, DC, for Plaintiff.

Lynda J. Jackson, Michael Kelly Guss, Office of General Counsel, Washington, DC, for Defendant.

MEMORANDUM OPINION

GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

RUDOLPH CONTRERAS, United States District Judge

I. INTRODUCTION

Terri Norris, an employee of Defendant Washington Metropolitan Area Transit Authority ("WMATA"), brought this action alleging quid pro quo sexual harassment, hostile work environment, gender discrimination, age discrimination, and retaliation in October 2016. After Norris's age discrimination claim was dismissed in February 2017, WMATA now moves for summary judgment on the four remaining claims. Having reviewed the parties' filings, the Court grants in part and denies in part WMATA's motion for summary judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND¹

Plaintiff Terri Norris is a fifty-four-year-old African-American female, see Compl.

¶ 6, ECF No. 1; July 25, 2014 EEOC Intake Questionnaire 1, Pl.'s Ex. 2, ECF No. 19, who was employed by Defendant WMATA at all times relevant to the claims in the complaint, see Compl. ¶ 13; Answer ¶ 13, ECF No. 7. WMATA is a transit authority created by interstate compact among the District of Columbia, Virginia, and Maryland to provide mass transit in the Washington, D.C. metropolitan area. See Compl. ¶ 11; Answer ¶ 11. In connection with its mission, WMATA operates an extensive bus service system that provides half a million rides every weekday to customers in the Washington, D.C. metropolitan area. See WMATA Position Statement 2, Def.'s Ex. 8, ECF No. 17. WMATA employs Service Operations Managers ("SOMs") in different geographic regions in the Washington, D.C. service area to oversee and provide direction to its 2,500 bus operators. See id. The service area is divided into four principal regions, including, as relevant to this suit, the Four Mile Region, which covers routes serving Virginia and the Shepherd Parkway area of Southeast D.C. See id. Norris joined WMATA in 1990 and became a SOM between 2000 and 2001. See Norris Dep. 9:1–9:12, Pl.'s Ex. 1, ECF No. 19.

A. December 2013 Promotion and January 2014 Demotion

On December 1, 2013, Norris was promoted from SOM to Assistant Superintendent of Street Operations, with a six-month probationary period. See Pl.'s Statement of Facts ¶ 18, ECF No. 19. As Assistant Superintendent, Norris was in charge of ensuring SOMs performed their duties, handling administrative and HR requests or issues concerning SOMs, responding to accidents, and overseeing departments in the Bus Operation Control Center. See Norris Dep. 12:18–13:12. She was assigned to the Four Mile Division and typically oversaw between 20 and 25 SOMs on her daily shift. See id. at 13:15–14:4.

As an Assistant Superintendent, Norris's supervisors were Darlene Harrington, the Superintendent of Street Operations, see Pl.'s Statement of Facts ¶ 6; Norris Dep. 38:10–38:15, and Dana Baker, the Director, Operations Control Center of Bus Transportation, Pl.'s Statement of Facts ¶ 3; Walker Dep. 43:9–44:6, Pl.'s Ex. 3, ECF No. 19. Like Norris, both Harrington and Baker are African-American females. See Pl.'s Statement of Facts ¶¶ 2, 5. Norris sought approval from Harrington, sometimes copying Baker, for a variety of communications to SOMs during her time as Assistant Superintendent. See Norris SOM Communications, Pl.'s Ex. 6, ECF No. 19. On one occasion, Norris was told by Baker that she was "documenting[,]" when Baker needed "somebody [she] [could] trust." Norris Dep. 76:16–77:13. Baker told Norris on another occasion that she did not like working with women, see Norris Decl. ¶ 11, Pl.'s Ex. 19, ECF No. 19, and another WMATA employee who worked with Baker when she was Director also heard her state on multiple occasions that she did not like working with women, see Collins Sr. Decl. ¶ 2, Pl.'s Ex. 18, ECF No. 19.

Between December 2013 and January 2014, Norris was the subject of a formal harassment complaint by a SOM, Sharron Young. See Norris Dep. 26:21–27:13. Young's complaint was eventually dismissed after WMATA investigated her claims. See Suppl. Norris Dep. 28:16–29:10, Pl.'s Ex. 1, ECF No. 21. Norris had a difficult relationship with two other SOMs, see id. at 36:2–36:14, 38:19–39:3, including Claire Fenelus, a SOM who ultimately took part in a meeting with Norris, Harrington, and Baker on January 11, 2014 to resolve her issues with Norris, see id. at 37:1–37:17, 84:5–84:9; Fenelus Letter, Pl.'s Ex. 7, ECF No. 19. It is unclear whether Fenelus's issues were actually resolved at the meeting. Compare WMATA Demotion Memo. 1, Pl.'s Ex. 10, ECF No. 19, with Fenelus Letter. Norris also made her own complaints of harassment against Baker and Harrington, first to Harrington and another WMATA employee, Romaino Parahoo, on or around January 14, 2014, and then directly to both Baker and Harrington at a January 27, 2014 meeting. See Norris Decl. ¶ 12–13. At the meeting, Norris informed Baker and Harrington that she planned to file a harassment complaint with the EEOC. See id. at ¶ 13.

On January 30, 2014, three days after the January 27 meeting and two months after her promotion, Norris was demoted back to SOM. See Pl.'s Statement of Facts ¶ 19. Norris attended a meeting with Harrington, Baker, and another WMATA employee, Ray Alfred, where Harrington read to Norris a demotion memorandum stating the reasons for her demotion. See Def.'s Resps. To Pl.'s Interrogs. ¶ 13, Pl.'s Ex. 11, ECF No. 19. The memorandum, addressed from Harrington to Norris and copying Baker, listed multiple issues with Norris's behavior that had allegedly led to her demotion: first, Norris had been repeatedly communicating with staff without first clearing the communications with Harrington, despite Harrington giving Norris a verbal warning on the issue following a December 2, 2013 communication; second, two complaints of harassment had been filed by two separate SOMs against Norris in the past few weeks; third, Norris had provided verbal approval to cover expenses for overnight hotel accommodations for six SOMs on January 21, 2014 without first obtaining authorization; and finally fourth, Norris had been involved in a "hostile, overly argumentative, and inappropriate conversation with Linda Pinkard, Assistant Superintendent of Street Operations[,] ..." on January 22, 2014. See Demotion Memo., Pl.'s Ex. 10, ECF No. 19. Following her demotion, Norris went on leave around March 2014 and resumed working as a SOM around April 2014. See Norris Decl. ¶ 19–20.

B. July 2014 Assignment Selection

Prior to 2013, SOMs had been selecting their work assignments and shifts at WMATA based on seniority, in a process known as "the pick[.]" Baker Aff. ¶ 10, Def.'s Ex. 1, ECF No. 17. Baker eliminated the pick in June 2013, and between June 2013 and July 2014 SOMs were assigned to shifts and assignments based on their skills, experience, and on WMATA's operational needs.² See Pl's Statement of Facts ¶ 8–9. During that time, Assistant Superintendents worked together with the Superintendent of Bus Services to identify and recommend work assignments for each SOM. See id. ¶ 10. Baker had final say as to the assignments. See id. Starting in July 2014, SOMs were allowed to submit their preferred work assignment choices for consideration by WMATA as part of the work assignment process. See id. ¶ 11.

Because she had been demoted back to a SOM in January 2014, Norris participated in the July 2014 work assignment process and submitted her work assignment preferences for consideration. See id. ¶ 12. Norris submitted six choices for consideration. See id. She indicated on her work selection form that "if possible, [she] would like to remain at FMTR Region[,]" and only selected assignments located in the Four Mile Region, Work Selection Choices, Pl.'s Ex. 13, ECF No. 19, in order to avoid working in another region under the supervision of one of Baker's friends at WMATA, see Norris Decl. ¶ 22. Of the six work assignment preferences, at least four involved "early straight" schedules, starting in the early morning and ending in the early afternoon every day. See Work Selection Choices; Pl.'s Work Assignment Sheet, Pl.'s Ex. 15, ECF No. 19.³ Norris prefers an early straight schedule and the majority of her shifts in the latter part of her career have been early straights. See Norris Dep. 14:5–14:22.

Norris received her sixth preferred choice in the July 2014 work assignment, a "swing shift" from 6:00 AM to 10:00 AM and 03:00 PM to 07:00 PM daily. See Work Selection Choices; Pl.'s Work Assignment Sheet. The work assignment was located in the Four Mile Region. See Pl.'s Work Assignment Sheet.

C. Non-Selection to Metro Way

One of the assignments Norris expressed an interest in as part of the July 2014 work assignment process was Metro Way. See Norris Decl. ¶ 20; Work Selection Choices; Pl.'s Work Assignment Sheet. Metro Way was a new type of bus service operating exclusive routes between Alexandria and Arlington, VA, developed by Assistant Superintendent William Proctor in conjunction with WMATA's Planning Department and Virginia transportation officials. See WMATA Position Statement at 7. Metro Way offered early straight shifts. See Pl.'s Work Assignment Sheet.

Norris was not given a Metro Way assignment, despite selecting a Metro Way route as her second choice on her work selection form. See Work Selection Choices; Pl.'s Work Assignment Sheet. She reached out to Harrington after assignments were given out to ask "[w]hy ... Metro Way [was] not offered to [her][.]" July 29, 2018 Harrington E-mail, Pl.'s Ex. 16, ECF No. 19. Harrington replied on July 29, 2014 that she was not selected for the position because "[o]ther...