Gordon v. Johnson
Civil Action No. 2014-0917
D.D.C.Aug 24, 2017Background
- Gordon is a Black female FEMA employee who filed multiple EEOC complaints alleging retaliation and a hostile work environment.
- The district court previously dismissed or granted summary judgment on similar claims in 2009–2013 and again in 2014; on remand, the court treated some undisputed facts as of October 2014.
- Gordon sought a promotion (accretion of duties) to a higher GS level; a desk audit found her duties compatible with GS-5 and denied the upgrade.
- Gordon alleged irregularities in the promotion process, a transfer to Crystal City, and workplace harassment.
- She asserted a whistleblower claim under the Whistleblower Protection Act, a separate Equal Pay Act claim, and Title VII/ADEA retaliation and discrimination claims.
- The court granted the WPA claim dismissed for lack of exhaustion, dismissed the EPA claim for failure to state a claim, and granted summary judgment on the Title VII/ADEA retaliation and discrimination claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| WPA jurisdiction and exhaustion | Gordon alleges whistleblower retaliation under WPA. | WPA requires OSC filing first; court lacks jurisdiction. | Dismissal for lack of subject-matter jurisdiction. |
| EPA claim viability | EPA discrimination claim; unpaid wages equate to pay disparity. | No sex-based pay discrimination alleged; EPA claim inadequately pled. | Dismissed under Rule 12(b)(6) for failure to state a claim. |
| Title VII/ADEA retaliation and discrimination | Denial of promotion, transfer, and harassment as retaliation for EEO activity and because of race/age. | Proffered legitimate, non-retaliatory justifications; no pretext shown. | Summary judgment for Government on retaliation/discrimination claims. |
| Hostile work environment claim | Severe or pervasive bullying tied to protected status/activity. | Incidents are isolated or not causally linked to protected status/activity. | Dismissed; no triable hostile-work-environment claim. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (framework for retaliation/discrimination claims)
- Harris v. D.C. Water & Sewer Auth., 701 F.3d 65 (D.C. Cir. 2015) (three-part McDonnell Douglas burden; causation required)
- Wiley v. Glassman, 511 F.3d 151 (D.C. Cir. 2007) (pretext analysis after legitimate reason)
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (hostile environment standard; totality of circumstances)
- Gaujacq v. EDF, Inc., 601 F.3d 565 (D.C. Cir. 2010) (pretext and evidence framework for retaliation)
- Taylor v. Solis, 571 F.3d 1313 (D.C. Cir. 2013) (materially adverse action and protected activity)
- Grimes v. Dist. of Columbia, 794 F.3d 83 (D.C. Cir. 2015) (court's management of undisputed facts for summary judgment)