Smith v. Vilsack, 832 F. Supp. 2d 573

Before July 2006, Smith worked for USDA/APHIS in California; reassigned to Regional Program Manager in 2006 due to “organizational conflicts.”
Smith’s supervisors were based in Fort Collins, Colorado, and she faced training, travel, and duty assignments with limited budgets.
In 2007 she sought Avian Influenza Conference training and other training/travel; requests were denied and a 30-day Fort Collins assignment was mandated.
Smith sent combative emails criticizing management decisions; Pasek issued a letter of caution in September 2007.
Smith applied for GS-13 Agriculturalist position in 2007; Machias, a woman, was selected; Smith obtained a new role in February 2008 in Maryland.
Smith filed administrative complaints starting in 2006, with a 2007 amendment; the EEOC OFO decision on six claims was affirmed in 2010; this suit seeks discrimination, retaliation, and related relief.
Defendant moved to dismiss or for summary judgment in January 2011; court treated as summary judgment motion and granted in defendant’s favor.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timely exhaustion of administrative remedies	Smith asserts Garcia comments were timely via ongoing pattern	No timely exhaustion for Garcia comments; not part of timely process	Summary judgment for Vilsack on Garcia comments due to untimely exhaustion
Gender-based discrimination under Title VII	Smith alleges sex discrimination based on training, travel, and non-selection	Smith failed to show direct evidence; no valid prima facie case; reasons are legitimate	Dismissed in favor of Secretary on all gender discrimination claims
Retaliation under Title VII	Smith engaged in protected activity (EEOC filing) and suffered adverse actions	Decisionmakers lacked knowledge of protected activity; no causal link shown; reasons presumptively legitimate	Judgment for Secretary on retaliation claim

Laber v. Harvey, 438 F.3d 404 (4th Cir. 2006) (required de novo review for underlying discrimination where applicable)
Morgan v. Nat’l R.R. Passenger Corp., 536 U.S. 101 (Supreme Court 2002) (continuing violation/hostile work environment considerations; time-bar rules)
Astoria Fed. Sav. & Loan Ass’n v. Solimino, 501 U.S. 104 (1991) (administrative res judicata not apply to Title VII civil action)
Burlington N. Santa Fe Ry. v. White, 548 U.S. 53 (Supreme Court 2006) (context matters for retaliation; cumulative effect of acts may be adverse)
Jeffers v. Thompson, 264 F. Supp. 2d 314 (D. Md. 2003) (adverse-action standard remains functional; non-encompassing of every petty grievance)