URQUHART-BRADLEY v. CUSHMAN & WAKEFIELD, INC.
1:18-cv-02213
D.D.C.Sep 28, 2021Background
- Nicole Urquhart-Bradley was President of Valuation & Advisory (V&A) for the Americas at Cushman & Wakefield (C&W); she led efforts to retain staff during the 2016–17 "Newmark Siege," securing large retention payments for others and receiving positive performance evaluations.
- After John Busi left for a competitor in 2016, Urquhart-Bradley assumed his role; she later met with Americas CEO Shawn Mobley on December 13, 2017 to discuss retention and protective contract language (not additional pay).
- On December 14, 2017 she emailed Mobley seeking written assurances and asked for a week to let counsel review before declining outside offers; Mobley considered the email a "retrade."
- Mobley terminated Urquhart-Bradley in mid-January 2018; C&W internally and to the EEOC at times characterized her departure inconsistently (resignation vs. termination).
- Three days after termination her counsel informed C&W they represented her for discrimination claims; months later (March 2018) Matthew Buow, former HR head, spoke with a recruiter about Urquhart-Bradley, which she alleges chilled a subsequent opportunity.
- Procedural posture: Urquhart-Bradley sued under Title VII, §1981, and the DCHRA for race and gender discrimination and retaliation; the court denied summary judgment on discrimination counts (I–X) and granted summary judgment for defendants on the retaliation counts (XI–XIII).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were defendants entitled to summary judgment on discrimination claims arising from her termination? | Urquhart-Bradley says termination was pretextual and motivated by race/gender; points to inconsistent explanations, comparator treatment, and statements/events showing bias. | C&W/Mobley say they fired her for loss of trust after she allegedly reneged and negotiated while seeking retention for subordinates. | Denied — genuine disputes of material fact exist requiring a jury (Counts I–X survive). |
| Is John Busi a valid comparator to show disparate treatment? | Plaintiff: Busi (white male predecessor) occupied the same role and was counteroffered a large retention package when he entertained competitor offers. | Defendants: Busi not similarly situated; different supervisor and decisionmakers. | Held: Busi could be similarly situated; jury could find meaningful comparison. |
| Do inconsistencies in C&W's explanations and other evidence permit an inference of pretext? | Plaintiff: Multiple inconsistent statements (resignation vs termination), praise of prior performance, plus alleged biased comments and conduct by decisionmakers support pretext. | Defendants: Inconsistencies are minor/semantic; termination was non-discriminatory and based on trust/behavior. | Held: Inconsistencies and other evidence raise triable issues of pretext; summary judgment inappropriate. |
| Were the retaliation claims (negative reference by Buow) viable at summary judgment? | Plaintiff: Counsel’s January letter so alerted C&W generally; temporal proximity and internal communication could have put Buow on notice. | Defendants: Counsel’s letter was too generic to be protected activity; Buow swears he had no knowledge of the complaint. | Granted for defendants — plaintiff failed to show she engaged in protected activity or that Buow knew of it (Counts XI–XIII dismissed). |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (establishes burden‑shifting framework for disparate treatment claims)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (summary judgment standard and drawing inferences)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (genuine dispute and sufficiency of evidence at summary judgment)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (movant’s entitlement to summary judgment when nonmovant lacks essential evidence)
- Wheeler v. Georgetown Univ. Hosp., 812 F.3d 1109 (D.C. Cir. 2016) (applying McDonnell Douglas at summary judgment in D.C. Circuit)
- Walker v. Johnson, 798 F.3d 1085 (D.C. Cir. 2015) (pretext evidence examples and inference of illicit motive)
- Aka v. Washington Hosp. Ctr., 156 F.3d 1284 (D.C. Cir. 1998) (false statements by defendant may evidence consciousness of guilt)
- Brady v. Office of Sergeant at Arms, 520 F.3d 490 (D.C. Cir. 2008) (third‑step McDonnell Douglas focus at summary judgment)
- Jones v. Bernanke, 557 F.3d 670 (D.C. Cir. 2009) (retaliation claims follow McDonnell Douglas framework)
- Broderick v. Donaldson, 437 F.3d 1226 (D.C. Cir. 2006) (protected activity must allege unlawful discrimination to be actionable)
- Simmons v. Cox, 495 F. Supp. 2d 57 (D.D.C. 2007) (elements for adverse action via negative reference)
