Riley v. TECHNICAL AND MANAGEMENT SERVICES CORP., Civ. A. No. AW-93-3518.

872 F. Supp. 1454

Kimberly L. RILEY and Laura Carros, Plaintiffs, v. TECHNICAL AND MANAGEMENT SERVICES CORPORATION, INC., Defendant.

Civ. A. No. AW-93-3518.

United States District Court, D. Maryland, Southern Division.

January 11, 1995.

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Richard L. Swick, Diane Bodner, Washington, DC, for plaintiffs.

Anthony C. Epstein, Susan R. Podolsky, Washington, DC, for defendant.

MEMORANDUM OPINION

WILLIAMS, Judge.

Kimberly Riley and Laura Carros commenced this action against their former employer, Technical and Management Services Corporation ("TAMSCO"). They contend that TAMSCO discriminated against them on the basis of their gender and retaliated against them for raising discrimination and sexual harassment concerns in violation of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. ("Title VII"). Presently before the Court is TAMSCO's motion for summary judgment. A hearing was held on this motion on January 9, 1995.¹ For the reasons set forth below, the Court will grant summary judgment.

Factual Background

TAMSCO provides management and technical services involving computer sciences, engineering support services, and logistic support services to its clients. In September of 1985, the U.S. Coast Guard awarded TAMSCO a contract to develop and maintain an Aviation Computerized Maintenance System ("ACMS"). Under this contract, TAMSCO tracks, schedules, and reports all maintenance activities of Coast Guard aircraft. The ACMS contract is cost reimbursable. That is, TAMSCO's costs, including hourly labor costs, are reimbursed in full by the Coast Guard. Declaration of Margaret Harrison ("Harrison Dec.") at ¶¶ 4-5. The Plaintiffs' duties at TAMSCO centered on this contract.

The Plaintiffs' allegations focus on events that occurred from approximately May, 1992, until October, 1992. In early May 1992, the Plaintiffs met with Margaret Harrison, then Director of ADP Services and Software Development for TAMSCO. The Plaintiffs reported what they considered significant morale problems at the TAMSCO office located in Beltsville, Maryland. Specifically, the Plaintiffs reported that women at that office were troubled by graphic sexual comments made by certain TAMSCO employees, including Ben Davis. Riley Dec. at ¶ 16; Carros Dec. at ¶ 16. Although Harrison thanked them for their input, the Plaintiffs contend that TAMSCO took no action to remedy the situation.

On or about May 19, 1992, Harrison promoted Mr. Davis to the position of Technical Manager of the ACMS program. Harrison Dec. at ¶ 24. Davis supervised the entire ACMS program (including Carros and Riley) in this capacity. Carros contends that she was qualified for this position, but that she was denied an opportunity to compete for it. Plaintiffs' Opposition ("Opp."). at 15; Carros Dec. at ¶¶ 20-22.

In addition, in July 1992, TAMSCO informed the Plaintiffs that their working hours (and consequently their salary) would be reduced effective August 1, 1994. TAMSCO reduced Carros' hours from forty (40) to twenty (20) hours a week and Riley's from forty (40) to thirty (30) hours per week. Opp. at 15.

Carros was upset because she was not promoted to Technical Manager and because of the reduction in her hours. Carros Dec. at ¶¶ 19, 24. Furthermore, Carros contends that soon after the reduction of her hours her supervisors began to unfairly criticize her work and work habits and refused to allow her to attend a training seminar. Opp. at 17-18; Carros Dec. at ¶¶ 24-27. Carros felt that TAMSCO had created an intolerable working environment. She resigned in September of 1992.

In October of 1992, TAMSCO terminated Riley for what Harrison deemed a serious neglect of duty in failing to store a full copy of the ACMS system off site. Harrison Dec. at ¶¶ 30-39. Riley, however, contends that she was meeting TAMSCO's legitimate expectations and that TAMSCO's proffered reason for her termination is merely a pretext. Opp. at 19-20.

The Plaintiffs contend that TAMSCO took the complained of actions in retaliation for their raising allegations of sexual harassment and because they are women. They each filed a charge of discrimination with the Equal Opportunity Commission ("EEOC") alleging only discrimination based on their sex and then filed their Complaint.

Summary Judgment Principles

Summary judgment is appropriate when there is no genuine dispute of material fact and when the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). "Summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed to secure the just, speedy and inexpensive determination of every action." Celeotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1986) (citations omitted). See also Bland v. Norfolk and Southern Railroad Co., 406 F.2d 863, 866 (4th Cir.1969).

In determining whether genuine and material factual disputes exist, resolution of which requires trial, the Court has reviewed the parties' respective memoranda and the many exhibits attached thereto, construing all facts, and all reasonable inferences drawn therefrom, in the light most favorable to the Plaintiffs. Matsushita Electrical Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). Applying these principles to the record in this case, the Court concludes that summary judgment for TAMSCO must be granted.

Discussion

I. Sexual Harassment and Retaliation

Prior to filing a Title VII claim, a claimant must pursue and exhaust administrative remedies with the EEOC or its state equivalent. Courts may only exercise jurisdiction over claims encompassed within the EEOC charge and claims "like or related to allegations contained in the charge, or which grow out of such allegations." Nealon v. Stone, 958 F.2d 584, 590 (4th Cir.1992) (citations omitted). Allowing a complaint to encompass allegations outside the ambit of the predicate EEOC charge circumvents the EEOC's investigatory and conciliatory role. Nicol v. Imagematrix, Inc., 767 F.Supp. 744, 752 (E.D.Va.1991) (citations omitted).

In their opposition to the motion for summary judgment, the Plaintiffs for the first time raised allegations of sexual harassment. Opp. at 12-16. The Plaintiffs contend that inappropriate comments by certain TAMSCO employees created a hostile work environment and constituted sexual harassment. Opp. at 12; Riley Dec. at ¶ 15; Carros Dec. at ¶ 15. They further contend that TAMSCO retaliated against them for raising their concerns to Harrison. Opp. at 14; Riley Dec. at ¶¶ 18-21; Carros Dec. at ¶¶ 19-30.

However, there is no mention of a hostile work environment or sexual harassment of any kind in their EEOC charges (or in their Complaint). Instead, each EEOC charge merely alleges that TAMSCO discriminated against them because they are women.² Consequently, the sexual harassment allegations were not properly before the EEOC and summary judgment for TAMSCO as to these allegations is warranted. Nicol v. Imagematrix, Inc., 767 F.Supp. at 752-54, (citations omitted).

Similarly, the Plaintiffs' retaliation claims were not presented to the EEOC. On their EEOC charging forms, neither of the Plaintiffs marked the box entitled "retaliation." The courts have recognized that a plaintiff need not exhaust his administrative remedies for retaliation that grows out of an earlier charge. Nealon v. Stone, 958 F.2d at 590 (citations omitted). This rule recognizes that a plaintiff will be reluctant to again report to the EEOC after his employer has taken action against him for filing the first charge. Id.

However, this rule does not apply in this case. Plaintiffs must exhaust their administrative remedies when the alleged retaliation could have been raised in the original EEOC complaint. Ang v. Procter & Gamble Co., 932 F.2d 540, 546-67 (6th Cir. 1991), citing Steffen v. Meridian Life Ins. Co., 859 F.2d 534, 545, n. 2 (7th Cir.1988), cert. denied, 491 U.S. 907, 109 S.Ct. 3191, 105 L.Ed.2d 699 (1989). Here, each alleged act of retaliation occurred prior to the filing with EEOC, but the Plaintiffs still did not allege retaliation in their charges. Therefore, the allegations of retaliation cannot withstand TAMSCO's motion for summary judgment. Id. See also Hicks v. Baltimore Gas & Elec. Co., 829 F.Supp. 791, 794-95 (D.Md.1992) (district court lacks subject matter jurisdiction when claims of retaliation and termination not filed with EEOC), aff'd, 998 F.2d 1009 (4th Cir.1993), cert. denied, ___ U.S. ___, 114 S.Ct. 726, 126 L.Ed.2d 690 (1994).

II. Gender Discrimination

Congress did not enact Title VII as a panacea for every setback that members of a protected class suffer in their place of employment. "There is no automatic presumption that every adverse personnel action directed at a female employee ... results in a violation of Title VII." Goldberg v. B. Green and Co., 836 F.2d 845, 849 (4th Cir. 1988) (citations omitted). To prevail under Title VII, the Plaintiffs must prove that TAMSCO intentionally discriminated against them because they are women. Lincoln v. Board of Regents, 697 F.2d 928, 936 (11th Cir.), cert. denied, 464 U.S. 826, 104 S.Ct. 97, 78 L.Ed.2d 102 (1983). The Plaintiffs, however, need not prove that their gender was the sole motive behind the adverse employment decisions of which they complain. Pittman v. Hattiesburg Municipal Separate School District, 644 F.2d 1071, 1076 (5th Cir.1981). Instead, it is enough if gender was a significant factor affecting those decisions. Whiting v. Jackson State Univ., 616 F.2d 116, 121 (5th Cir.1980). The Plaintiffs will prevail if they show that the adverse employment decisions would not have been made "but for" their gender. McDonald v. Santa Fe Trail...