Woodberry v. Berry

MICHAEL WOODBERRY, Plaintiff, v. JAMES D. BERRY, JR., Deputy Director ofCourt Services and Offender Supervision Agency, Defendant.

No. 18-cv-3081 (DLF)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

June 5, 2020

MEMORANDUM OPINION

Michael Woodberry brings this Title VII action against James D. Berry, Jr., in his official capacity as Deputy Director of the Court Services and Offender Supervision Agency (CSOSA). Woodberry asserts three counts: discrimination based on race, color, and sex; a hostile work environment; and retaliation for engaging in protected activity. Before the Court is Berry's Motion to Dismiss, Dkt. 10. For the following reasons, the Court will grant in part and deny in part the motion.

I. BACKGROUND¹

Woodberry is an African American male. Am. Compl. ¶ 6, Dkt. 9. He started working at CSOSA in 2005 as a treatment specialist in the young adult department. Id. ¶¶ 5-6.

He found early success. From 2009 to 2013, Woodberry's ratings were among the highest compared to his peers. Id. ¶ 6. He received salary-step increases, annual bonuses, and on-the-spot bonuses in each of those years. Id. His supervisors at the time gave him outstanding reviews and recommended him as employee of the year. Id. And he received the highest rating possible—"exceeds expectations"—in multiple years before 2014. Id.

The trouble began in June 2013. That is when Sheri Lewis, an African American female, became Woodberry's direct supervisor. Id. ¶ 7. Soon after she assumed that role, Lewis forced Woodberry to visit her office so that she could tell him stories. Id. Her stories focused on past boyfriends and people she had dated who worked for CSOSA. Id. The tales included personal information about Woodberry's coworkers. Id. They happened two or three times a week and sometimes lasted several hours. Id. And they kept Woodberry from doing his work and made him feel uncomfortable. Id. Woodberry noticed that Lewis did not force the stories on the two other treatment specialists in the young adult department—Christofer Barno, a Caucasian male, and Melissa Blackwell, an African American female. Id. ¶¶ 6-7. Woodberry complained about the stories to his second-line supervisor, Rufus Felder, but Lewis kept telling them until about May 2014. Id. ¶ 7.

Lewis posed other problems. Lewis gave more work to Woodberry than she gave to Barno and Blackwell. Id. ¶ 8. In 2013, after the treatment specialists saw their caseload increase by 45 cases, Woodberry had 11 more cases than Barno and 32 more cases than Blackwell. Id. Lewis swore angrily at Woodberry. Id. ¶ 9. In September and October 2013, Lewis publicly told Woodberry that she was his "f***ing supervisor" and that he would do what she told him to do. Id. In October 2013, she cursed at him during a meeting of treatment specialists. Id. But Woodberry never heard Lewis use profanity when she spoke with other treatment specialists. Id.

Woodberry clashed with Felder too. On March 10, 2014, Woodberry and Blackwell had cut short a meeting with contractors because the contractors were unprepared for the meeting. Id. ¶ 13. Felder and Lewis reprimanded Woodberry three times for leaving the meeting early but met with Blackwell only once about it. Id. Two days later, on March 12, Felder and Lewis held an unplanned meeting with Woodberry about 30 minutes before his shift was to end. Id. ¶ 14. Woodberry told them as the meeting started that he had to leave on time so that he could see his doctor for a medication adjustment. Id. But Felder and Lewis said he could not leave and kept him for an hour after his shift had ended. Id. In the meeting they questioned, berated, and criticized Woodberry for leaving the March 10 meeting. Id. He missed his appointment, and his doctor could not adjust his medicine. Id.

Woodberry's experience worsened. On March 13, 2014, Lewis again reprimanded Woodberry based on their March 10 and March 12 interactions. Id. ¶ 15. That same day an ambulance rushed Woodberry to the hospital for "dangerously high blood sugar and blood pressure." Id. Lewis and Felder allegedly caused this medical incident by forcing Woodberry to miss his doctor's appointment the day before. Id. ¶ 37. That summer, Lewis caused Woodberry to miss another doctor's appointment. Id. ¶ 15. On another occasion, Woodberry had to leave work for an emergency medical appointment. Id. He couldn't reach Lewis before leaving but he told her secretary on his way out. Id. Lewis called Woodberry on his way to the doctor and told him that she did not authorize him to leave. Id. He explained the situation, but Lewis remained angry. Id. So he skipped the appointment and returned to work to assuage Lewis's anger. Id.

At the end of June 14, 2014, Felder told Woodberry that Woodberry would be transferred from the Taylor Street location to the South Capitol location. Id. ¶ 16. Woodberry objected and suggested that other, more junior treatment specialists could transfer instead. Id. But Felder said that the South Capitol location needed a "strong African American male presence" and so Barno and Blackwell—two of the other treatment specialists—were unsuitable. Id. Woodberry told Felder that suitability for a position should be based on credentials, not sex or race. Id. Felder told Woodberry that they would speak again before the decision became final, but they did not. Id. ¶¶ 16-17. Soon thereafter Woodberry learned that the transfer decision was final. Id. ¶ 17.

On July 3, 2014, Woodberry emailed his objections to Felder. Id. In his email, he told Felder that he believed a "hidden agenda" motived the transfer and asked Felder for the "truth." Id. ¶ 17. He objected to the transfer's abrupt nature and to the allegedly discriminatory basis for the transfer. Id. But he said that he was willing to transfer if he could fulfill an actual need. Id. He also requested that Felder delay the transfer so that he could make new childcare arrangements because the South Capitol location was farther from his son's school. Id. ¶ 18. Felder said no, so Woodberry requested the same from Felder's supervisor. Id. Woodberry does not say whether his request was granted.

Woodberry ultimately incurred some costs from the transfer. His monthly childcare and fuel expenses increased by about $1,000 per month. Id. He added over an hour to his commute. Id. And the transfer "impeded" his career. Id. ¶ 19. In his 10 years at Taylor Street, he had developed relationships with clients, coworkers, and community partners. Id. At the South Capitol location, he had to rebuild those connections. Id.

While Woodberry awaited his transfer, his clashes with Felder and Lewis continued. On July 10, 2014, Felder and Lewis issued a "Letter of Caution" to Woodberry based on the March 10 meeting with contractors that Woodberry and Barno had left early. Id. ¶ 20. The human resources department concluded that the letter was issued untimely and that the consequences Woodberry experienced after the March 10 incident appeared to be punitive rather than corrective. Id. Based on this letter, Woodberry felt that Felder and Lewis could "add to his file" at any time. Id. ¶ 21. He was afraid to meet with Felder and Lewis alone because he felt that they treated him like a "dartboard." Id.

Woodberry's 2014 performance review was also contentious. On July 10, 2014, Felder and Lewis warned Woodberry not to talk with coworkers about his performance evaluation. Id. ¶ 22. He interpreted this to mean that Felder and Lewis planned to give him a negative review no matter how well he performed. Id. So he requested that John Milam, CSOSA's Deputy Associate Director, review him instead. Id. That did not happen. Lewis conducted his 2014 review and scored Woodberry more than 100 points lower his coworkers. Id. Woodberry alleges that she did so because he "spoke with coworkers regarding their reviews" and based on events that predated both the review period and the date that Lewis started supervising him. Id. Woodberry went from having the highest rating score among his peers to the lowest. Id. The rating kept him from receiving regular salary step increases and bonuses, and he became ineligible for a promotion. Id.

Woodberry transferred to the South Capitol location in July 2014. Id. ¶ 23. At about that same time, Sabrina Estes, a treatment specialist who was female, voluntarily transferred into the Taylor Street location. Id. Blackwell also remained at Taylor Street. Id.

When Woodberry arrived at the South Capitol location, he told his new supervisor, Kevin Moore, about his past Equal Employment Opportunity (EEO) activity. Id. ¶ 24. The two exchanged emails about Woodberry using administrative leave for EEO activities and to appeal the 2014 performance review and transfer. Id.

Moore soon became another source of friction. In September 2014, Woodberry was away to attend a group therapy retreat. Id. ¶ 25. While Woodberry was out, Moore asked Woodberry's coworker about Woodberry's absence and said that Woodberry had lied on his leave request. Id. Moore then spoke with Felder and a third-party about this conversation. Id. Moore continued to ask Woodberry's coworkers about his leave use and work performance without talking to Woodberry about it. Id. This behavior went on until Woodberry was detailed to another department in October 2017. Id.

Woodberry brought this action on December 26, 2018. See Dkt. 1. He amended his complaint on August 8, 2019. See Am. Compl. His amended complaint asserts counts of discrimination (Count I), hostile work environment (Count II), and retaliation (Count III), in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. See id. ¶¶ 26-44. Berry moved to dismiss all claims for failure to state a claim upon which relief can be granted.² See Def.'s Mem. in Supp. of Mot. to Dismiss ("Def.'s Br.") at 8, Dkt. 10-1. That motion is now ripe.

II. LEGAL STANDARD

Rule 12(b)(6) of the Federal Rules of Civil Procedure allows a defendant to move to...