Paulk v. Architect of the Capitol, 79 F. Supp. 3d 82

Plaintiff Jerry Paulk was a long‑term night‑shift temporary electrician for the Architect of the Capitol (AOC); he participated in an OIG asbestos safety investigation in April 2011 and was terminated in June 2011 but later reinstated in November 2011 after OCC counseling.
In late 2011 AOC posted a vacancy to convert three night‑shift temporary electrician roles to permanent positions; four candidates were interviewed (including Paulk), and three were ultimately selected (two African‑American, one Caucasian); Paulk was not selected.
The panel cited the selected candidates’ superior formal certifications and training (e.g., journeyman/master licenses and NICET certification) compared with Paulk’s more limited certification.
After filling the permanent slots, AOC eliminated the night‑shift temporary electrician workforce for budgetary reasons; Paulk’s termination is challenged as discriminatory and retaliatory.
Paulk sued under the Congressional Accountability Act (incorporating Title VII), alleging race discrimination and retaliation for protected activity (OIG testimony and OCC complaint); AOC moved for summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Non‑selection: race discrimination	Paulk contends panel downplayed his experience, unfairly scored interviews, and destroyed selection records to conceal discrimination	AOC argues selections were based on legitimate, nondiscriminatory reasons: superior formal credentials and interview evaluations	Court: No genuine dispute; AOC met burden and Paulk failed to show discriminatory animus or pretext
Non‑selection: retaliation	Paulk contends temporal proximity to OIG/OCC activities shows retaliation	AOC contends selections were driven by qualifications, not retaliatory motive	Court: Temporal gap (~6 months) and stronger non‑retaliatory explanation defeat but‑for causation requirement under Nassar
Termination: race discrimination	Paulk implies selective post‑termination assistance to some African‑American workers and disputes funding rationale	AOC argues layoffs were due to budget shortfalls affecting entire temporary night‑shift crew	Court: No evidence that terminations were motivated by race; layoffs applied across races and align with budgetary justification
Termination: retaliation	Paulk says prior protected activity led to termination	AOC points to budget cuts as neutral reason affecting all temps	Court: Plaintiff failed to show protected activity was the but‑for cause; summary judgment for AOC granted

Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
Anderson v. Liberty Lobby, 477 U.S. 242 (drawing inferences at summary judgment)
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden‑shifting framework)
Brady v. Office of Sergeant at Arms, 520 F.3d 490 (D.C. Cir.) (refined Title VII inquiry when employer offers nondiscriminatory reason)
Jones v. Bernanke, 557 F.3d 670 (D.C. Cir.) (applying Brady to retaliation)
Univ. of Tex. Sw. Med. v. Nassar, 133 S. Ct. 2517 (but‑for causation required for retaliation)
Burke v. Gould, 286 F.3d 513 (D.C. Cir.) (presumption drops when employer offers legitimate reason)
Grosdidier v. Broadcasting Bd. of Governors, 709 F.3d 19 (D.C. Cir.) (limits on adverse inference and proof of pretext)