Pauling v. Dist. of Columbia

286 F.Supp.3d 179

Yolanda PAULING, Plaintiff,

v.DISTRICT OF COLUMBIA, Defendant.

Civil Action No. 13–943 (BAH)

United States District Court, District of Columbia.

Filed December 29, 2017

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

Alex Karpinski, Cara J. Spencer, Tram T. Pham, Office of Attorney General, Washington, DC, for Defendant.

MEMORANDUM OPINION

BERYL A. HOWELL, Chief Judge

The plaintiff, Yolanda Pauling, an African–American woman currently employed as a Senior Crime Analyst with the District of Columbia Metropolitan Police Department ("MPD"), initiated this action against defendant District of Columbia alleging employment discrimination on the basis of race, gender, and disability; retaliation; hostile work environment; and failure to accommodate a disability in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e et seq. ; the District of Columbia Human Rights Act ("DCHRA"), D.C. Code § 2–1401.01 et seq. ; Title I of the Americans with Disabilities Act of 1990 ("ADA"), as amended, 42 U.S.C. § 12111 et seq. ; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.¹ Pending before the Court is the defendant's Motion for Summary Judgment ("Def.'s Mot."), ECF No. 43, on all counts. For the reasons explained below, the defendant's motion is granted.

I. BACKGROUND

The plaintiff has been employed with MPD since at least October 3, 2005, when she was a Grade 9, Step 1 Crime Analyst. Def.'s Statement Undisputed Facts Supp. Mot. Summ. J. ("Def.'s SMF") ¶ 3, ECF No. 43–2 (undisputed); Def.'s Mot., Ex. 3, Pl.'s Probationary Evaluation ("Probationary Evaluation"), ECF No. 54–1 at 16.² On August 15, 2010, she was promoted from a Grade 11, Step 3 position to a Grade 12, Step 1 position, which included a $9,455 annual salary increase. Def.'s SMF ¶ 4; Pl.'s Mem. Opp'n Def.'s Mot. Summ. J. ("Pl.'s Opp'n") at 1, ECF No. 46–1; Def.'s Mot., Ex. 4, Notification of Personnel Action ("Personnel Action"), ECF No. 54–1 at 19. In 2012, she was promoted to a Senior Crime Analyst, in which position she remains today. Pl.'s Opp'n at 1; Pl.'s Opp'n, Ex. 26, Deposition of Yolanda Pauling ("Pl.'s Dep.") at 4, ECF No. 47–11. The plaintiff maintains workstations at the MPD Headquarters office and at the Fourth District office. Amended Compl. ("Compl.") ¶ 16, ECF No. 14.

The plaintiff's troubles appear to have started in 2010, after a workplace incident caused her to suffer chronic back pain. The facts associated with that incident, as well as the plaintiff's subsequent requests for accommodations, are detailed below.

A. The March 2010 Incident and Subsequent Requests for Accommodations

Since 2010, the plaintiff has suffered "spasms of the neck and back as well as nerve damage which causes her to experience chronic pain." Pl.'s Opp'n at 1. These conditions are allegedly the result an injury the plaintiff sustained on March 18, 2010, when her coworker, Tracy Parker, "pulled on the back of [her] chair, while she was using it, causing Ms. Pauling to suffer a whiplash effect throughout her spinal column." Id. at 1–2. The plaintiff testified to an MPD investigator that she immediately went to see her supervisor, Raymond Wickline, after the incident. Def.'s Mot., Ex. 10, Memorandum from MPD Command Info. Ctr. to MPD Ass't Chief of Police ("MPD Investigation Memo"), ECF No. 54–1 at 60. The plaintiff stated that Wickline "tried to offer some comfort and offered a seat" and that when she went into his office she was "shaking and almost crying." Id. ; see also Pl.'s Dep. at 23. The plaintiff further testified that Wickline "did not offer [ ] any medical attention at that time, nor did he fill out a risk management report." Pl.'s Dep. at 23. According to Wickline, he "asked if she was okay and if she needed a doctor." MPD Investigation Memo, ECF No. 54–1 at 57. The plaintiff then left work to go to the hospital and, as a result of her injury, took disability leave for the next three months, until June 14, 2010. Pl.'s Opp'n at 2; Pl.'s Opp'n, Ex. 37, Email from Pl. to Wickline, March 19, 2010 ("3/19/10, 5:10 p.m. Email"), ECF No. 47–22 at 1.³

Around one week after the incident, the plaintiff asked Wickline for the status of her worker's compensation request. Pl.'s Opp'n, Ex. 38, Email from Pl. to Wickline, March 23, 2010 ("3/23/10, 9:09 a.m. Email"), ECF No. 47–23 at 4. Wickline informed the plaintiff that he had "call[ed] in an initial report" and had "asked for statements from those involved or who were witness to the incident," but that he was away on vacation and any further paperwork would be delayed until his return. Pl.'s Opp'n, Ex. 38, Email from Wickline to Pl., March 23, 2010 ("3/23/10, 9:46 a.m. Email"), ECF No. 47–23 at 3. The next day, the plaintiff emailed MPD Assistant Chief Alfred Durham, Jr., to request his assistance with "instituting an adequate investigation and the enforcement of the necessary paperwork" related to her accident and her request for worker's compensation. Pl.'s Opp'n, Ex. 37, Email from Pl. to Alfred Durham, March 24, 2010 ("3/24/10, 1:13 p.m. Email"), ECF No. 47–22 at 2.

In April 2010, the plaintiff allegedly requested an accommodation for her disability. Specifically, in a later-filed Charge of Discrimination with the District of Columbia Office of Human Rights ("OHR"), the plaintiff averred that in April 2010 she "requested an ergonomic assessment for [her] dual workstations" at the Fourth District and Headquarters offices; "a foot stand; a glare-reducing computer monitor; ergonomic chairs; an ergonomic mouse; a headset; and a walking cane." Def.'s Mot., Ex. 1, Pl.'s OHR Charge of Discrimination ("OHR Compl."), ECF No. 54–1 at 6. The plaintiff also asked to be transferred to an office location with an elevator, as the Fourth District did not have one, and to be able to work from home. Id. On April 14, 2010, a doctor with the District of Columbia Office of Risk Management ("ORM") Disability Compensation Program completed a report of the plaintiff's injury and disability. Pl.'s Opp'n, Ex. 30, Plaintiff's Medical Records ("Medical Records"), ECF No. 52–1 at 3. The report recommended an ergonomic chair and physical therapy and was accompanied by a prescription for an "ergonomic assessment—chair, keyboard, foot stand." Id. at 4–5. On April 22, 2010, a different physician completed a second report, noting that the plaintiff was instructed to work from home from May 10, 2010, until May 14, 2010. Id. at 6–7. That same day, the plaintiff emailed Wickline several forms that she averred had to be completed by Wickline for her worker's compensation request. Def.'s Mot., Ex. 7, Email from Pl. to Wickline, April 22, 2010 ("4/22/10, 12:28 p.m. Email"), ECF No. 54–1 at 48.

On May 10, 2010, Wickline emailed the plaintiff after he learned she was planning her return to work. Def.'s Mot., Ex. 7, Email from Wickline to Pl., May 10, 2010 ("5/10/10, 10:40 a.m. Email"), ECF No. 54–1 at 48. He informed her that "[a]ll plans to work from home must be approved by the supervisor ahead of time" and that "[a]ny time you are out for more than 3 days, a Doctor's note must be made available to your supervisor to ensure you are cleared to return." Id. He also noted that he was waiting for her to send him certain forms and that once she returned, they would have additional forms to complete. Id. Finally, Wickline acknowledged that he had heard the plaintiff's doctor "ha[d] prescribed an ergonomic chair, and noted that "[i]f this is the case, I need to get a copy of that paperwork as well so we can start a procurement on the necessary equipment." Id. In response, the plaintiff sent forms that she claimed to have sent "weeks ago" and noted that she would forward a copy of her doctor's note. Def.'s Mot., Ex. 6, Email from Pl. to Wickline, May 10, 2010 ("5/10/10, 1:58 p.m. Email"), ECF 54–1 at 46. She also claimed that she had been "ordered by [her] doctor to work from home for recovery purposes" and that if Wickline had any questions, he could contact her doctor directly. Id. The plaintiff appears to have sent "a copy of the doctor's order for an ergonomic assessment for equipment" to Wickline later that day. Pl.'s Opp'n, Ex. 15, Email from Pl. to Wickline, May 10, 2010 ("5/10/10, 11:48 p.m. Email"), ECF No. 46–16 at 2.

The next day, Wickline responded to the plaintiff, asking her to "just stop and listen for a second." Def.'s Mot., Ex. 8, Email from Wickline to Pl., May 11, 2010 ("5/11/10, 6:38 a.m. Email"), ECF No. 54–1 at 50. He stated that she had sent these forms to him "many, many, many times," but that he had "already filled them out and made copies available to everyone who has wanted or needed one." Id. He noted that he was still waiting for her to provide a completed "F1 form" for his signature, an indication "of when you plan to return to work," and "[a] copy of a Doctor's note clearing you to return to work." Id. Wickline also clarified that if the plaintiff intended to work from home, she needed to "submit a plan for what you will be doing and I need to approve this ahead of time per branch policy." Id. As for the plaintiff's prescription for an ergonomic assessment, Wickline explained that MPD "do[es] not provide assessments for medical needs" but that, if the prescription identified the equipment she needed, he would "see when the equipment will be available." Id.

On May 12, 2010, the plaintiff sent her completed "Form 1" to Wickline and told him that she would send him a copy of her doctor's order. Pl.'s Opp'n, Ex. 15, Email from Pl. to Wickline, May 12, 2010 ("5/12/10, 7:25 p.m. Email"), ECF No. 46–16 at 39. She also asked Wickline to send her the "standard form that I need to fill out for my request to work from home." Id. Wickline responded that "Form 3" still needed to be filled out by her physician and needed to be accompanied by a doctor's note clearing her to return to work. Pl.'s Opp'n, Ex. 15, Email from Wickline to Pl., May 13, 2010 (...