Staggers v. Becerra

1

JERMAINE STAGGERS, Plaintiff, v. XAVIER BECERRA, Secretary, U.S. Department of Health and Human Services, Defendant.

CIVIL No. 1:21-cv-00231-JRR

United States District Court, D. Maryland

January 16, 2024

MEMORANDUM OPINION

JULIE R. RUBIN, UNITED STATES DISTRICT JUDGE

This matter comes before the court on Defendant Secretary of the United States Department of Health and Human Services (“HHS”) Xavier Becerra's Motion for Summary Judgment. (ECF No. 45; the “Motion.”) The court has reviewed all papers. No hearing is necessary. Local Rule 105.6 (D. Md. 2023). For the reasons that follow, by accompanying order, the Motion will be granted.

I. BACKGROUND

A. Undisputed Material Facts

Plaintiff Jermaine Staggers has worked for HHS since 1996. (Pl.'s Opp'n, Jermaine Staggers EEO Affidavit, Exhibit C, ECF No. 48-8 ¶ 3.) Since 2010, Plaintiff has been employed as a Health Insurance Specialist GS-0107-13 in the Division of Issuances (“DI”), Issuances, Records and Information Systems Group (“IRISG”), Office of Strategic Operations and Regulatory Affairs (“OSORA”), Centers for Medicare and Medicaid Services (“CMS”), for HHS in Baltimore, Maryland. Id. ¶¶ 1, 4. For much of the relevant period at issue in this action, as a Health Insurance Specialist, Plaintiff reported to Janis Nero, the Deputy Director of IRISG, as his first line supervisor, and Carlos Simon, the Director of IRISG, as his second line supervisor. (Def.'s Mot., Janis Nero Dep., Exhibit 5, ECF No. 45-7, 9:9-12; 20:18-20; Def.'s Mot., Carlos Simon Dep., Exhibit 4, ECF No. 45-6 10:4-5; Pl.'s Opp'n, Jermaine Staggers Dep., Exhibit B, ECF No. 48-7, 181:24-182:3.)

As a Health Insurance Specialist, Plaintiff performs various tasks involving change requests.^[1](Pl.'s Opp'n, Jermaine Staggers Aff., Exhibit D, ECF No. 48-9 ¶ 1.) Some Health Insurance Specialists are also assigned to the manual updating team, which implements updates to the manuals that are included in specific change requests. (Simon Dep. 25:4-10; Nero Dep. 23:2024:12.) In determining work assignments, management considers an employee's experience, prior manual assignments, and other workload. (Simon Dep. 56:17-21.)

In August 2017, Nero began making plans to replace one of the team members responsible for manual updating. (Def.'s Mot., Janis Nero Aff., Exhibit 6, ECF No. 45-8 ¶ 12.) On August 25, 2017, Nero informed Plaintiff by email that he would be joining the manual updating team and that Health Insurance Specialists Deborah Smith and Janice Pinn would train him. (Def.'s Mot., Nero Email, Exhibit 7, ECF No. 45-11 at 2.) According to Nero, Plaintiff's workload was lighter than others and he had the “bandwidth” to work on the manual updating; therefore, Plaintiff was selected to be on the manual updating team. (Nero Dep. 45:6-15.) In response, Plaintiff expressed to Nero that he had enough work and could not take on any more assignments. (Nero Email at 3.) Nonetheless, Nero informed Plaintiff it was necessary that he perform manual updates and that Smith would train him before she retired. (Nero Aff. ¶ 12.) For a couple of weeks in August and September 2017, Plaintiff trained with Smith on performing manual updates. (Staggers Aff. ¶ 3; Nero Aff. ¶ 12.) Subsequently, Plaintiff trained with Pinn until Nero stopped his training sometime in 2018. (Staggers Dep. 241:11-15; Staggers Aff. ¶ 3; Nero Dep. 76:18-21.)

On February 1, 2018, Plaintiff filed a Prevention of Workplace Harassment claim against Nero and Simon. (Pl.'s Opp'n, Def.'s Answers to Pl.'s First Set of Interrog., Exhibit V, ECF No. 48-27, No. 20.) In the Prevention of Workplace Harassment claim, Plaintiff made the following allegations about Nero:

Assigned Mr. Staggers the additional tasks of doing the Manual Updating Process, which is different from Mr. Staggers' normal body of work, and is holding him accountable for the work without allowing Mr. Staggers sufficient time to be fully trained on the task.

Continually assigns Mr. Staggers tasks that cannot be completed prior to end of Mr. Staggers duty day and does not approve Mr. Staggers' requests for credit hours or overtime.

Micro-manages Mr. Staggers by continually following up on status of assigned tasks.

Rated Mr. Staggers' 2017 Performance Appraisal at 3.8, which Mr. Staggers stated is down from his 2016 Performance Appraisal of 4.6.

(Pl.'s Opp'n, February 2018 Email, Exhibit CC, ECF No. 48-34.)

On March 29, 2018, Plaintiff contacted an EEOC counselor regarding his allegations. (Def.'s Mot., Final Agency Decision, Exhibit 13, ECF No. 45-15 at 3.) Subsequently, on April 13, 2018, Simon referred Plaintiff to the Employee Assistance Program (“EAP”). (Simon Aff. ¶¶ 47-48.) In Simon's view, Plaintiff's “behavior towards work and work performance had been deteriorating since assigning or attempting to assign him manual updates.” Id. ¶ 47. When efforts to resolve Plaintiff's complaints were unsuccessful, Plaintiff filed a formal EEOC complaint on July 19, 2018. (Def.'s Answers to Pl.'s First Set of Interrog. No. 20.)

On August 29, 2018, Nero issued Plaintiff a Written Counseling Memorandum (“WCM”). (Def.'s Mot., Written Counseling Memo, Exhibit 10, ECF No. 45-12 at 1.) The WCM stated in part:

This notice of written counseling is a result of your inappropriate handling of manual updating assignments and failure to meet established deadlines. You have also missed the deadline to submit the list of CRs^[2]with manual updates from the week of August 1317, 2018.

We performed an audit to ensure that all manual updates are posted by the respective implementation date. The audit revealed that you failed to complete several manual updates that have been assigned to you over the past year.

You have completed the manual updating task in the past however you elected not to complete several assigned manual updates and not notify management ....

...

I am hereby directing you to complete all assigned CRs prior to the implementation date, meet established deadlines and respond timely to all management requests.

...

Per this memo we're providing more time for you to successful update 4 CRs by 9/6/18. Provide me with status updates via email at 9:00 a.m., at noon and at 3:00 p.m. or at the conclusion of your tour of duty whichever comes first. I expect you to continue providing updates on this same schedule each day until you complete the aforementioned assignments. You are directed to use the SOP that was sent to you to complete this work. If you have questions or need assistance you should contact me.

You have successfully completed multiple manual updates since September 2017 validating that you are trained and fully capable of completing the manual update task. Moreover, you have previously demonstrated the ability to prioritize your work without difficulty or assistance from your manager ....

(Written Counseling Memo at 1-2.) In response to the WCM, Plaintiff expressed to Nero and Simon that completing the manual updates would be difficult because of a lack of training, unreasonable deadlines, and other obligations Nero and Simon gave him. (Pl.'s Opp'n, September 4, 2018, Email, Exhibit L, ECF No. 48-17.) Subsequently, Plaintiff emailed Nero indicating that he attempted to complete the necessary work identified in the WCM. (Pl.'s Opp'n, October 22, 2018, Email, Exhibit M, ECF No. 48-18.)

On August 28 and September 20, 2018, Plaintiff amended his EEOC complaint. (Final Agency Decision at 3.) On November 8, 2018, Nero issued a Direct Order directing Plaintiff to complete manual updates for seven overdue change reports by November 15, 2018. (Def.'s Mot., Direct Order, Exhibit 11, ECF No. 45-13.) The Direct Order stated in part:

The purpose of this notice is to give you a direct order to complete several of your assigned manual updates. You have several past due assignments that are adversely affecting Agency Issuances operations.

Complete all manual updates for the following CRs by 3PM on Thursday, November 15, 2018:

- CR 10386 originally assigned to you on 4/24/18

- CR 10836 originally assigned to you on 8/14/18

- CR 10839 originally assigned to you on 8/14/18

- CR 10871 originally assigned to you on 9/10/18

- CR 10918 originally assigned to you on 9/10/18

- CR 10937 originally assigned to you on 10/30/18

- CR 10789 originally assigned to you on 10/30/18

November 15, 2018 is more than enough time to complete the aforementioned past due assignments. You have successfully completed multiple manual updates since September 2017, validating that you are fully capable of completing the manual update task. Moreover, you have previously demonstrated the ability to prioritize your work without difficulty. I will send you an appointment for Thursday, November 15, 2018 at 3:30 PM. I expect you to accept the appointment, attend the meeting and be prepared to review and discuss the aforementioned past due tasks.

Should you encounter an obstacle beyond your control, you must contact me by phone or in person immediately for further direction. I am here to provide you continuous feedback and close supervision as you work to address these past due assignments, and future assignments associated with the Agency's Issuances mission. Failure to follow this direct order may result in disciplinary action being taken against you, up to and including your removal from the Federal service.

Id. On November 14, 2018, Plaintiff filed a third request to amend his EEOC complaint. (Final Agency Decision at 3.) In November 2018, Plaintiff was removed from the manual updating team. (Staggers Dep. 98:21-99:8.)

On September 1, 2020, the EEOC issued an order dismissing the complaint, and remanding it to HHS for issuance of a Final Agency Decision. (Pl.'s Opp'n, EEOC Order, Exhibit S ECF No. 48-24) On October 29, 2020, HHS issued a...