Pauling v. Dist. of Columbia
Pauling v. Dist. of Columbia
Opinion of the Court
The plaintiff, Yolanda Pauling, an African-American woman currently employed as a Senior Crime Analyst with the District of Columbia Metropolitan Police Department ("MPD"), initiated this action against defendant District of Columbia alleging employment discrimination on the basis of race, gender, and disability; retaliation; hostile work environment; and failure to accommodate a disability in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e et seq. ; the District of Columbia Human Rights Act ("DCHRA"),
I. BACKGROUND
The plaintiff has been employed with MPD since at least October 3, 2005, when she was a Grade 9, Step 1 Crime Analyst. Def.'s Statement Undisputed Facts Supp. Mot. Summ. J. ("Def.'s SMF") ¶ 3, ECF No. 43-2 (undisputed); Def.'s Mot., Ex. 3, Pl.'s Probationary Evaluation ("Probationary Evaluation"), ECF No. 54-1 at 16.
The plaintiff's troubles appear to have started in 2010, after a workplace incident caused her to suffer chronic back pain. The facts associated with that incident, as well as the plaintiff's subsequent requests for accommodations, are detailed below.
A. The March 2010 Incident and Subsequent Requests for Accommodations
Since 2010, the plaintiff has suffered "spasms of the neck and back as well as nerve damage which causes her to experience chronic pain." Pl.'s Opp'n at 1. These conditions are allegedly the result an injury the plaintiff sustained on March 18, 2010, when her coworker, Tracy Parker, "pulled on the back of [her] chair, while she was using it, causing Ms. Pauling to suffer a whiplash effect throughout her spinal column."
Around one week after the incident, the plaintiff asked Wickline for the status of her worker's compensation request. Pl.'s Opp'n, Ex. 38, Email from Pl. to Wickline, March 23, 2010 ("3/23/10, 9:09 a.m. Email"), ECF No. 47-23 at 4. Wickline informed the plaintiff that he had "call[ed] in an initial report" and had "asked for statements from those involved or who were witness to the incident," but that he was away on vacation and any further paperwork would be delayed until his return. Pl.'s Opp'n, Ex. 38, Email from Wickline to Pl., March 23, 2010 ("3/23/10, 9:46 a.m. Email"), ECF No. 47-23 at 3. The next day, the plaintiff emailed MPD Assistant Chief Alfred Durham, Jr., to request his assistance with "instituting an adequate investigation and the enforcement of the necessary paperwork" related to her accident and her request for worker's compensation. Pl.'s Opp'n, Ex. 37, Email from Pl. to Alfred Durham, March 24, 2010 ("3/24/10, 1:13 p.m. Email"), ECF No. 47-22 at 2.
In April 2010, the plaintiff allegedly requested an accommodation for her disability. Specifically, in a later-filed Charge of Discrimination with the District of Columbia Office of Human Rights ("OHR"), the plaintiff averred that in April 2010 she "requested an ergonomic assessment for [her] dual workstations" at the Fourth District and Headquarters offices; "a foot stand; a glare-reducing computer monitor; ergonomic chairs; an ergonomic mouse; a headset; and a walking cane." Def.'s Mot., Ex. 1, Pl.'s OHR Charge of Discrimination ("OHR Compl."), ECF No. 54-1 at 6. The plaintiff also asked to be transferred to an office location with an elevator, as the Fourth District did not have one, and to be able to work from home.
On May 10, 2010, Wickline emailed the plaintiff after he learned she was planning her return to work. Def.'s Mot., Ex. 7, *187Email from Wickline to Pl., May 10, 2010 ("5/10/10, 10:40 a.m. Email"), ECF No. 54-1 at 48. He informed her that "[a]ll plans to work from home must be approved by the supervisor ahead of time" and that "[a]ny time you are out for more than 3 days, a Doctor's note must be made available to your supervisor to ensure you are cleared to return."
The next day, Wickline responded to the plaintiff, asking her to "just stop and listen for a second." Def.'s Mot., Ex. 8, Email from Wickline to Pl., May 11, 2010 ("5/11/10, 6:38 a.m. Email"), ECF No. 54-1 at 50. He stated that she had sent these forms to him "many, many, many times," but that he had "already filled them out and made copies available to everyone who has wanted or needed one."
On May 12, 2010, the plaintiff sent her completed "Form 1" to Wickline and told him that she would send him a copy of her doctor's order. Pl.'s Opp'n, Ex. 15, Email from Pl. to Wickline, May 12, 2010 ("5/12/10, 7:25 p.m. Email"), ECF No. 46-16 at 39. She also asked Wickline to send her the "standard form that I need to fill out for my request to work from home."
*188On June 11, 2010, the plaintiff emailed Commander James Crane informing him that she was "in the process of getting clearance from [her] doctor to return to work on Monday, June 14, 2010." Pl.'s Opp'n, Ex. 36, Email from Pl. to Crane, June 11, 2010 ("6/11/10, 10:59 a.m. Email"), ECF No. 47-21 at 1. In her email, she reminded Crane of certain requests she had previously made in a phone interview with him: that she be accommodated with a "safe environment," that her "manager and coworker need to be held accountable for their actions to prevent future work place violence incidents," that she be able to "work at a location that has an elevator," that she receive "[s]pecialized equipment to accommodate [her] back injury," that her sick leave hours be restored, and that she "not work in a hostile work environment and [ ] not be a victim of work retaliation," among other requests.
Around June 22, 2010, the plaintiff filed an internal EEO complaint alleging that MPD had failed to accommodate her disability. Def.'s SMF ¶ 11 (undisputed). According to the plaintiff's later-filed OHR Charge of Discrimination, that complaint also included allegations "about the office horseplay, the offensive environment and also about the lack of disability accommodations." OHR Compl., ECF No. 54-1 at 6.
On June 25, 2010, the plaintiff forwarded her doctor's notes to Alphonso Lee, an EEO Counselor with MPD. Def.'s Mot., Ex. 10-A, Email from Pl. to Lee, June 25, 2010 ("6/25/10, 10:17 a.m. Email"), ECF No. 54-1 at 68. In response, Lee asked the plaintiff whether her doctor had given her an ergonomic evaluation and, as Wickline had previously done, notified her that the evaluation was "[her] responsibility to obtain." Def.'s Mot., Ex. 10-A, Email from Lee to Pl., June 25, 2010 ("6/25/10, 10:22 a.m. Email"), ECF No. 54-1 at 68. After the plaintiff stated that she had not received an ergonomic evaluation and that she "wasn't aware that [she] was responsible for this because this incident occurred at work," Def.'s Mot., Ex. 10-A, Email from Pl. to Lee, June 25, 2010 ("6/25/10, 10:23 a.m. Email"), ECF No. 54-1 at 67-68, Lee clarified that "[t]he ergonomic assessment can only be done if your doctor indicates specifically what you need" and that the document she had provided "d[id] not indicate any specific accommodation needed," Def.'s Mot., Ex. 10-A, Email from Lee to Pl., June 25, 2010 ("6/25/10, 10:32 a.m. Email"), ECF No. 54-1 at 67. The plaintiff responded that, in her understanding, "once the ergonomic evaluation is done, this would encompass the necessary equipment that is needed," and asked for an update on the status of her EEO investigation. Def.'s Mot., Ex. 10-A, Email from Pl. to Lee, June 25, 2010 ("6/25/10, 10:43 a.m. Email"), ECF No. 54-1 at 67. Lee informed the plaintiff that her assault allegation was being investigated and that her "other concerns did not meet the elements of [a] prima facie case under EEO laws." Pl.'s Opp'n, Ex. 40, Email from Lee to Pl., June 25, 2010 ("6/25/10, 10:52 a.m. Email"), ECF No. 47-25 at 6.
On July 13, 2010, Lee checked in on the plaintiff, asking whether her workstation ergonomic assessment had been "conducted and formalized to determine what accommodations" she needed. Pl.'s Opp'n, Ex. 40, Email from Lee to Pl., July 13, 2010 ("7/13/10, 3:24 p.m. Email"), ECF No.
*18947-25 at 5. The next day, the plaintiff responded that no assessment had been performed and that "nothing has been done by [her] management and staff." Pl.'s Opp'n, Ex. 40, Email from Pl. to Lee, July 14, 2010 ("7/14/10, 7:47 a.m. Email"), ECF No. 47-25 at 6. She also asked, again, about her pending investigation,
Two days later, on July 16, 2010, Lee asked the plaintiff to fill out a Reasonable Accommodation Request Form "in order to accurately determine what accommodations are needed per your physician's direction" and clarified that her doctor should fill out that form. Pl.'s Opp'n, Ex. 15, Email from Lee to Pl., July 16, 2010 ("7/16/10, 10:38 a.m. Email"), ECF 46-16 at 47; Pl.'s Opp'n, Ex. 15, Email from Lee to Pl., July 16, 2010 ("7/16/10, 1:27 p.m. Email"), ECF No. 46-16 at 46-47. In response, the plaintiff asked for an "explanation as to why the ergonomic assessment was not processed timely." Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, July 16, 2010 ("7/16/10, 5:32 p.m. Email"), ECF No. 46-16 at 46. Lee responded that "the necessary steps have been put in place to have your ergonomic assessment/evaluation completed pending your physician's explanation of what your disability needs in order to perform your essential job duties." Pl.'s Opp'n, Ex. 15, Email from Lee to Pl., July 19, 2010 ("7/19/10, 8:35 a.m. Email"), ECF No. 46-16 at 46. According to Lee, the plaintiff had provided to him and to Human Resources "the same document that only request [sic] the ergonomic assessment, but not the actual reasonable accommodation (i.e. chair, stand etc.) that your physician deems necessary. You also stated that you have not informed your supervisor, Mr. Wickline, specifically on what items are needed to perform your essential job duties."
In two successive emails to Lee, the plaintiff took issue with these statements, stating that she had "submitted previous documentation to HR and [Wickline] regarding the necessary equipment needed," Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, July 19, 2010 ("7/19/10, 9:06 a.m. Email"), ECF No. 46-16 at 45, and that Lee's July 16, 2010, email "was the first time [she] had been put on notice and aware that the Reasonable Assessment Request Form was needed in order to start the process for the evaluation and/or equipment necessities," Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, July 19, 2010 ("7/19/10, 9:29 a.m. Email"), ECF No. 46-16 at 45. The plaintiff further averred that "[t]his is why I have filed with the EEO regarding my claim [Racial Discrimination, Hostile Work Environment, HIPPA Violation, Disciplinary Action, Work Place Violence and Harassment] because my management staff has neglected to follow proper protocol and procedures. Instead of them investigating and handling the case/incident they have made it very difficult for me to recuperate and work in a safe and secured environment." 7/19/10, 9:29 a.m. Email, ECF No. 46-16 at 45 (brackets in original).
On July 26, 2010, the plaintiff filled out a Reasonable Accommodation Request Form, requesting an "[e]rgonomic evaluation 'station' to accommodate computer, desk, chair w/ armrest, foot rests, phone (head set), ergonomic mouse, tracking mat, monitor proper position w/ screen to reduce glare; cane." Def.'s Mot., Ex. 13, Reasonable Accommodation Request Form, July 26, 2010 ("July 2010 Accommodation *190Request"), ECF No. 54-1 at 75. On September 17, 2010, the plaintiff followed up with Sharon Vaughan-Roach, MPD's Diversity Manager, asking for "the status of the ergonomic assessment evaluation for which was requested since May/June 2010." Def.'s Mot., Ex. 14, Email from Pl. to Vaughan-Roach, Sept. 17, 2010 ("9/17/10, 9:58 a.m. Email"), ECF No. 54-1 at 77. The same day, Vaughan-Roach responded that, "[a]s previously stated in several prior email correspondences, once I receive official documentation from your doctor ... stating the degree of your impairment (i.e. whether it is a disability and if it is temporary or permanent) then an ergonomic assessment may be conducted if warranted." Def.'s Mot., Ex. 14, Email from Vaughan-Roach to Pl., Sept. 17, 2010 ("9/17/10, 10:20 a.m. Email"), ECF No. 54-1 at 77.
On October 3, 2010, the plaintiff's colleague Brandy Cramer emailed a group of employees including the plaintiff informing them that "[i]f anyone else in the office is requiring special accommodations in regards to chairs, etc. Please let me know and I will forward the contact information to you in order to go through the formal process and get a chair to meet your needs specifically." Pl.'s Opp'n, Ex. 32, Email from Cramer to Pl., et al. , Oct. 3, 2010 ("10/3/10, 3:22 p.m. Email"), ECF No. 47-17 at 15. The plaintiff immediately responded that she was requesting a chair. Pl.'s Opp'n, Ex. 32, Email from Pl. to Cramer, Oct. 3, 2010 ("10/3/10, 3:25 p.m. Email"), ECF No. 47-17 at 15. Cramer then asked whether the plaintiff needed her to send the contact information or if she "already ha[d] it in the works." Pl.'s Opp'n, Ex. 32, Email from Cramer to Pl., Oct. 3, 2010 ("10/3/10, 3:35 p.m. Email"), ECF No. 47-17 at 15. It is unclear whether the plaintiff responded, but Cramer later explained that the "[f]irst step is to create a memo specifying what and why with a letter from you [sic] doctor." Pl.'s Opp'n, Ex. 33, Email from Cramer to Pl., Oct. 3, 2010 ("10/3/10, 3:40 p.m. Email"), ECF No. 47-18 at 1.
On October 12, 2010, the plaintiff wrote to her supervisor and several other MPD officials, formally requesting a transfer from the Crime Analysis Division to the Intelligence Section Division, "[d]ue to the workplace incident that resulted in [her] back injury that occurred on March 18, 2010 at MPD headquarters and the refusal of reasonable accommodations for the necessary equipment for [her] medical condition." Pl.'s Opp'n, Ex. 35, Employee Transfer Request ("Transfer Request"), ECF No. 47-20 at 4. According to the plaintiff, the open position in the Intelligence Section Division to which she applied was eventually filled by Daniel Hall, a junior analyst whom the plaintiff, a senior analyst, had trained. Pl.'s Dep. at 77.
On October 15, 2010, Lee submitted an "Exit Letter" to OHR summarizing his final counseling interview with the plaintiff and stating the EEO office's determinations. Def.'s Mot., Ex. 15, Exit Letter to D.C. Office of Human Rights ("OHR Exit Letter"), ECF No. 54-1 at 79. As to the March 18, 2010, "alleged 'assault,' " the EEO office determined that "[t]his is a criminal matter and not administrative" and noted that Commander Crane was overseeing an investigation of that incident.
In November 2010, Wickline allegedly offered the plaintiff two ergonomic chairs, both of which she declined. Pl.'s Dep. at 35-37. She rejected the first chair because it "had feces on it."
On December 30, 2010, the plaintiff filed a complaint with OHR alleging that MPD had discriminated against her on the basis of race, gender, and disability; had retaliated against her for protected activity; and had failed to accommodate her disability. Def.'s SMF ¶ 1 (undisputed); OHR Compl., ECF No. 54-1 at 5-6. Specifically, the plaintiff claimed that Wickline had allowed male employees "to pass around lewd photos, hang a swastika in the office, and to joke around about 'right wing power.' " OHR Compl., ECF No. 54-1 at 5. She alleged that after she returned to work from disability leave, "[her] supervisor and coworkers were giving [her] the silent treatment and began to exclude [her] from staff meetings and data sharing."
In August 2011, the plaintiff designated a union representative and her union completed a "Member's Data Intake" report. Pl.'s Opp'n, Ex. 15, Member's Data Intake ("Union Report"), ECF No. 46-16 at 23. In her narrative, the plaintiff explained that she was "filing a grievance based on the premises that I have requested to be transferred (detailed) to work in the Criminal Intelligence Unit, since I filed a complaint against my management staff in 2010 because I am being subjected to work in a hostile and retaliatory work environment."
On January 3, 2012, OHR issued a final determination on the plaintiff's complaint, finding probable cause as to only her reasonable accommodation claim. Def.'s SMF ¶ 2; Def.'s Mot., Ex. 2, Determination on Respondent's Request for Reconsideration ("OHR Final Decision"), ECF No. 54-1 at *19212-13. OHR concluded that probable cause existed for her reasonable accommodation claim, based on "several communications" by the ADA coordinator with Complainant and Complainant's doctor "to determine whether Complainant's disability was temporary or permanent in nature."
B. Requests for Accommodations after the OHR Determination
Little activity is documented in the record until June 6, 2012, when the plaintiff again reached out to Lee to ask about the "status of [her] reasonable accommodations that was requested two years ago." Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, June 6, 2012 ("6/6/12, 10:48 a.m. Email"), ECF No. 46-16 at 69. Lee responded that he would "re-contact the necessary parties responsible for conducting the ergonomic evaluations" and he also asked if the plaintiff was "aware of any specific items you need for your workstation that can be ordered that have not been provided to you as of yet?" Pl.'s Opp'n, Ex. 15, Email from Lee to Pl., June 6, 2012 ("6/6/12, 11:14 a.m. Email"), ECF No. 46-16 at 68. The plaintiff did not respond with specific items but rather forwarded Lee a copy of a "Reasonable Accommodation Request Form that was submitted to [his] office on November 4, 2010," and also informed him that she had not yet had an ergonomic evaluation. Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, June 7, 2012 ("6/7/12, 10:34 a.m. Email"), ECF No. 46-16 at 68.
On June 11, 2012, Lee informed the plaintiff that she had been granted the "alternative reasonable accommodation of Telecommuting" and instructed her to "contact Captain Lamont Coleman, the Telecommuting Coordinator, to ascertain the appropriate documentation/forms to begin a telecommuting/'work from home' program to accommodate [her] current medical condition." Pl.'s Opp'n, Ex. 15, Email from Lee to Pl., June 11, 2012 ("6/11/12, 5:29 p.m. Email"), ECF No. 46-16 at 67. Three days later, on June 14, 2012, Lee followed up to see whether the plaintiff thought the proffered temporary telecommuting accommodation was satisfactory, Pl.'s Opp'n, Ex. 15, Email from Lee to Pl., June 14, 2012 ("6/14/12, 2:04 p.m. Email") at 66, ECF No. 46-16, but the plaintiff responded that she had "not received any formal package yet from Captain Coleman," despite Lee's clear instruction that she should reach out to Coleman to obtain the package, Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, June 14, 2012 ("6/14/12, 3:08 p.m. Email"), ECF No. 46-16 at 66. Lee offered to "ascertain an update regarding the application packet" and reiterated that "it is anticipated that the telecommute initiative would be temporary until the ergonomic assessment was completed." Pl.'s Opp'n, Ex. 15, Email from Lee to Pl., June 14, 2012 ("6/14/12, 3:22 p.m. Email"), ECF No. 46-16 at 65. He also informed the plaintiff that "[t]he *193securing of the ergonomic assessment is now pending" and asked her to provide "[a]n update from your doctor regarding your limitations performing your duties and whether your medical condition is permanent or temporary," as that information still had not been furnished.
The next communications took place two months later, on August 28, 2012, when the plaintiff emailed Lee a completed "form from the Workers Compensation doctor regarding Reasonable Accommodations." Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, Aug. 28, 2012 ("8/28/12, 11:16 a.m. Email"), ECF No. 46-16 at 63. In response, Lee asked her to confirm the "date of diagnosis" for her injuries, and the plaintiff clarified that "[t]he diagnosis happened in January 2012," nearly two years after the chair-pulling incident. Pl.'s Opp'n, Ex. 15, Email from Lee to Pl., Aug. 28, 2012 ("8/28/12, 11:43 a.m. Email"), ECF No. 46-16 at 63; Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, Aug. 28, 2012 ("8/28/12, 12:46 p.m. Email"), ECF No. 46-16 at 63. A week later, on September 6, 2012, the plaintiff emailed Lee to ask for an update on the status of her request. Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, Sept. 6, 2012 ("9/6/12, 12:36 p.m. Email"), ECF No. 46-16 at 63. Lee, in turn, asked if she had begun telecommuting, and the plaintiff replied that she had not. Pl.'s Opp'n, Ex. 15, Email from Lee to Pl., Sept. 6, 2012 ("9/6/12, 2:09 p.m. Email"), ECF No. 46-16 at 62; Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, Sept. 6, 2012 ("9/6/12, 2:18 p.m. Email"), ECF No. 46-16 at 62. The plaintiff also claimed, in a later email to a new supervisor, that she had submitted a "request to telecommute for five days" per week in September 2012. Pl.'s Opp'n, Ex. 15, Email from Pl. to Matthew Bromeland, Apr. 12, 2013 ("4/12/13, 7:54 a.m. Email"), ECF No. 46-16 at 81. She was allegedly informed that "MPD does not permit 5 days of telecommuting" but that if she submitted a doctor's note stating that she needed to do so, her request would be honored.
On January 28, 2013, the plaintiff wrote to Patrick Burke, MPD's Assistant Chief of the Homeland Security Division, to "follow up on our meeting of Thursday, January 24, 2013 in your office concerning my medical reasonable accommodation requests, the temporary solution suggested by the HR & EEO departments (Telecommuting) and the hostile workplace environment I have been continually subjected to by Raymond Wickline." Pl.'s Opp'n, Ex. 34, Email from Pl. to Burke, Jan. 28, 2013 ("1/28/13, 9:18 a.m. Email"), ECF No. 47-19 at 1. The plaintiff averred that she "submitted a completed Telecommuting form to Mr. Lee's attention" on September 17, 2012, and that on January 10, 2013, she had been advised to complete additional telecommuting forms.
On February 21, 2013, Wickline notified the plaintiff that "[t]he Department is ready to conduct the requested ergonomic assessment for your workspace" and attempted to coordinate a date for the assessments to be completed at both of the plaintiff's workstations. Pl.'s Opp'n, Ex. 15, Email from Wickline to Pl., Feb. 21, 2013 ("2/21/13, 10:43 a.m. Email"), ECF 46-16 at 79. He also requested a doctor's note clearing her return to work after her scheduled "procedure."
One week later, on March 11, 2013, the plaintiff again requested an update and, three days later, sent another email to Lee, Haines-Walton, and two other MPD officials detailing her repeated efforts for accommodations and asking Lee to provide her with an update by March 18, 2013. Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, Mar. 11, 2013 ("3/11/13, 11:10 a.m. Email"), ECF No. 46-16 at 72; Pl.'s Opp'n, Ex. 15, Email from Pl. to Lee, et al. , Mar. 14, 2013 ("3/14/13, 9:22 a.m. Email"), ECF No. 46-16 at 71. In response, Haines-Walton stated that the ergonomic assessment was "imminent" and another MPD official, Jacob Major, notified the plaintiff that Lee had "sent several e-mails in the last few days informing everyone that the EEO Office was waiting for the Ergonomist to provide his available dates." Pl.'s Opp'n, Ex. 15, Email from Haines-Walton to Pl., Mar. 14, 2013 ("3/14/13, 2:57 p.m. Email"), ECF No. 46-16 at 71; Pl.'s Opp'n, Ex. 15, Email from Jacob Major to Pl., Mar. 14, 2013 ("3/14/13, 3:21 p.m. Email"), ECF No. 46-16 at 70-71. Around this time, Matthew Bromeland replaced Raymond Wickline as the plaintiff's supervisor. Pl.'s Opp'n, Ex. 15, Email from Bromeland to Pl., Mar. 15, 2013 ("3/15/13, 10:35 a.m. Email"), ECF No. 46-16 at 70.
The plaintiff's ergonomic assessment was conducted on March 26, 2013. Def.'s SMF ¶ 19 (undisputed); Pl.'s Opp'n, Ex. 25, J. Thomas Pierce Ergonomics Evaluation ("Ergonomic Evaluation"), ECF No. 47-10 at 3. The ergonomist recommended *195"a more ergonomically adjustable chair," "use of the chair's arm rests," and "provision of a foot rest/support."
C. Requests for Accommodations after the Initiation of This Lawsuit
This lawsuit was filed on June 21, 2013. On November 12, 2013, the plaintiff submitted an "Application to Participate in Telecommuting Program" requesting to telecommute "4 days a week due to [her] medical condition." Def.'s Mot., Ex. 17, Application to Participate in Telecommuting Program ("Nov. 2013 Telecommuting Appl."), ECF No. 54-1 at 85. The application indicates that Brandy Cramer agreed to this arrangement on behalf of the plaintiff's supervisor, but that approval was still required by the "Agency Head (or designee)."
In March 2014, Bromeland responded to a letter from the plaintiff's attorney, Donna Rucker.
The plaintiff apparently did not resubmit her request for telecommuting until August 25, 2015, which request was not immediately conveyed to Saray Leon, the *196ADA coordinator. Def.'s Mot., Ex. 20, Application to Participate in Telecommuting Program ("Aug. 2015 Telecommuting Appl."), ECF No. 54-1 at 100; Pl.'s Opp'n, Ex. 15, Email from Pl. to Leon, Dec. 1, 2015 ("12/1/15, 1:48 p.m. Email"), ECF No. 46-16 at 84; Pl.'s Opp'n, Ex. 15, Email from Leon to Pl., Dec. 1, 2015 ("12/1/15, 4:07 p.m. Email"), ECF No. 46-16 at 84. On January 19, 2016, the plaintiff submitted a Request for Reasonable Accommodation Form to Leon. Def.'s Mot., Ex. 19, Letter from Leon to Pl., May 19, 2016 ("Leon Letter"), ECF No. 54-1 at 98. Shortly thereafter, on February 16, 2016, the plaintiff's request for one-day-per-week telecommuting was approved by her supervisor and the agency head. Aug. 2015 Telecommuting Appl., ECF No. 54-1 at 106.
On February 29, 2016, the plaintiff and Leon met to "discuss several possible accommodations." Leon Letter, ECF No. 54-1 at 98. On April 6, 2016, the plaintiff identified an ergonomic keyboard and tray for her second workstation, and Leon requested another ergonomic workstation assessment to measure the plaintiff's workstation and ensure that the plaintiff's requested items would fit.
D. The Plaintiff's Absent-Without-Leave Incident in October 2015
Separately from her failure to accommodate claims, the plaintiff alleges that she "suffered an adverse employment action when she was placed on AWOL [absent without leave]" status in October 2015. Pl.'s Opp'n at 8. This incident arose on October 8, 2015, when the plaintiff informed Cramer, her immediate supervisor, that she would "be out today" on sick leave and provided her timesheet, reflecting sick leave on October 8 and no entry on October 9. Pl.'s Opp'n, Ex. 2, Email from Pl. to Cramer, Oct. 8, 2015 ("10/8/15, 6:38 a.m. Email"), ECF No. 46-4 at 1. The next day, Cramer asked the plaintiff to "advise of [her] status" and forwarded that request to Bromeland. Pl.'s Opp'n, Ex. 6, Email from Cramer to Pl., Oct. 9, 2015 ("10/9/15, 8:34 a.m. Email"), ECF No. 46-8 at 2; Pl.'s Opp'n, Ex. 6, Email from Cramer to Bromeland, Oct. 9, 2015 ("10/9/15, 11:28 a.m. Email"), ECF No. 46-8 at 1. Cramer told Bromeland that she "d[id] not recall giving Yolanda leave today" and that the plaintiff "did not report to work today." 10/9/15, 11:28 a.m. Email, ECF No. 46-8 at 1. Bromeland advised Cramer to "try calling her at least once." Pl.'s Opp'n, Ex. 6, Email from Bromeland to Cramer, Oct. 9, 2015 ("10/9/15, 12:13 p.m. Email"), ECF No. 46-8 at 1. Cramer later reported that she spoke to the plaintiff, who "stated that she thought the policy was she did not need to call everyday she was out" and that "she thought she said she would be out the rest of the week." Pl.'s Opp'n, Ex. 6, Email from Cramer to Bromeland, Oct. 9, 2015 ("10/9/15, 12:19 p.m. Email"), ECF No. 46-8 at 1.
The next week, Cramer advised the plaintiff that she was conducting an investigation "regarding your unauthorized absence on Friday, October 9th," and gave the plaintiff an opportunity to provide a written statement regarding her absence. Pl.'s Opp'n, Ex. 21, Email from Cramer to Pl., Oct. 14, 2015 ("10/14/15, 12:47 p.m. Email"), ECF No. 47-6 at 1. In response, the plaintiff sent Cramer a copy of her timesheet reflecting that she took sick leave all day on October 8 and 9. Pl.'s Opp'n, Ex. 18, Email from Pl. to Cramer, Oct. 16, 2015 ("10/16/15, 11:33 a.m.
*197Email"), ECF No. 47-3 at 1. The plaintiff's pay period detail and relevant earnings statement reflect that she was listed as "absent without leave" for five hours on October 9, 2015, and that her pay was reduced accordingly. Pl.'s Opp'n, Ex. 11, Pay Period Detail, ECF No. 46-12 at 1; Pl.'s Opp'n, Ex. 17, Earnings Statement, Oct. 27, 2015 ("Earnings Statement"), ECF No. 47-2 at 1.
On December 3, 2015, Bromeland had a "Resolution Conference" regarding the issue with the plaintiff and her union representative, Kayce Simmons, at which the parties were unable to reach a resolution. Pl.'s Opp'n, Ex. 8, Email from Bromeland to Simmons & Pl., Dec. 15, 2015 ("12/15/15, 6:16 p.m. Email"), ECF No. 48 at 1. On December 15, 2015, Bromeland proposed, as a penalty for the unannounced absence, a one-day suspension held in abeyance for twelve months.
On February 2, 2016, Union President Antonio Reed sent a letter to Commander Jeffrey Carroll requesting reconsideration of the plaintiff's designation as "absent without leave" and her corresponding pay decrease. Pl.'s Opp'n, Ex. 7, Letter from Reed to Carroll, Feb. 2, 2016 ("Reed Letter"), ECF No. 46-9 at 1. Reed noted that "Ms. Pauling immediately acknowledged her error and took full responsibility for her actions on the day in question,"
E. Other Employees' Requests for Accommodations
In her Opposition, the plaintiff alleges that "her requests for reasonable accommodations were treated with lower priority than those of her white counterparts" and that her "white colleagues who made similar requests during the same period of time[ ] had their requests honored and processed timely." Pl.'s Opp'n at 33. The plaintiff provided additional facts regarding two specific requests from her white colleagues: she alleges that "when Brandy Cramer (white, female), requested two ergonomic chairs, she received them within two or three months of her request,"
Regarding Cramer's request, the record shows that on or around June 14, 2010, Cramer sent Haines-Walton a request for reasonable accommodations. Pl.'s Opp'n, Ex. 33, Email from Haines-Walton to Vaughan-Roach, July 15, 2010 ("7/15/10, 1:50 p.m. Email"), ECF No. 47-18 at 5. Cramer requested an update on that request on July 15, 2010, and in response, Vaughan-Roach acknowledged Cramer's doctor's note and asked her to "use the office supply book to select a couple of chairs that you feel may meet your needs." Pl.'s Opp'n, Ex. 33, Email from Vaughan-Roach to Cramer, July 15, 2010 ("7/15/10, 2:44 p.m. Email"), ECF No. 47-18 at 5. On July 19, 2010, Cramer identified a specific chair and provided the name, price, product number, and page of the supply book for that chair. Pl.'s Opp'n, Ex. 33, Email from Cramer to Vaughan-Roach, July 19, 2010 ("7/19/10, 9:24 a.m. Email"), ECF No. 47-18 at 4. Vaughan-Roach approved the *198purchase of a chair the same day and instructed Wickline and Haines-Walton to order the chair. Pl.'s Opp'n, Ex. 33, Email from Vaughan-Roach to Cramer, July 19, 2010 ("7/19/10, 3:30 p.m. Email"), ECF No. 47-18 at 4.
As to Parker's request, the record reflects that on April 14, 2011, Parker sent Haines-Walton a letter from her doctor regarding her allergy to animal dander, noting that exposure to animal dander would "trigger a serious asthma attack." Pl.'s Opp'n, Ex. 32, Email from Parker to Haines-Walton, Apr. 14, 2011 ("4/14/11, 5:29 p.m. Email"), ECF No. 47-17 at 3. She requested that "no personal pets be allowed in the crime analysis office" and that "all of these affected spaces be cleaned according to common practices/OSHA industry standards associated with proper dander removal."
F. The Plaintiff's General Allegations about Her Workplace Environment
In her deposition, the plaintiff proffered several examples of conduct in her workplace that she claims are indicative of gender discrimination, race discrimination, disability discrimination, retaliation, and a hostile work environment. As for race discrimination, the plaintiff testified that "all [her] white coworkers were able to work from home," Pl.'s Dep. at 42, and that African-American employees "weren't able to go to training,"
Regarding gender discrimination, the plaintiff alleges that while "under Mr. Wickline's supervision, Ms. Pauling was exposed to Mr. Wickline using sexist and bigoted language which included instances in which he referred to women as 'b-ches' and 'c-ts.' " Pl.'s Opp'n at 3; Pl.'s Dep. at 59. She stated that Wickline "did not like females," "believed in the all-boy network," and "did not favor females that were promoted over him." Pl.'s Dep. at 61. He would allow the men in the office to "sit and joke around and talk about women, rating them on their boobs and their looks, the all-boy network."
As for disability discrimination, the plaintiff claims that Wickline "would not fill out the reports timely,"
G. Litigation History
After this suit was filed in June 2013, the defendant filed a partial motion to dismiss. That motion sought dismissal of the plaintiff's DCHRA claims based on improper notice under
II. LEGAL STANDARD
Federal Rule of Civil Procedure 56 provides that summary judgment shall be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." FED. R. CIV. P. 56(a). Summary judgment is properly granted against a party who, "after adequate time for discovery and upon motion, ... fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett ,
"Evaluating whether evidence offered at summary judgment is sufficient to send a case to the jury is as much art as science." Estate of Parsons v. Palestinian Auth. ,
III. DISCUSSION
The plaintiff raises several claims against her employer, including employment discrimination on the basis of race, gender, and disability, in violation of Title VII, the ADA, the Rehabilitation Act, and the DCHRA; retaliation, in violation of Title VII, the ADA, the Rehabilitation Act, and the DCHRA; hostile work environment, in violation of Title VII, the ADA, the Rehabilitation Act, and the DCHRA; and failure to accommodate, in violation of the ADA, the Rehabilitation Act, and the DCHRA. After first addressing the plaintiff's DCHRA claims, the federal claims are taken in turn.
A. The Plaintiff's DCHRA Claims Are Procedurally Barred
The defendant first argued that the plaintiff's DCHRA claims are procedurally barred in its reply supporting its partial motion to dismiss. See Def.'s Mot. Dismiss Reply at 2. Accordingly, that argument was rejected given the "well established" principle "that district courts need not-and indeed, generally should not-consider arguments raised for the first time in a reply brief" so as to afford the opposing party ample time to respond to the arguments against it. Mot. Dismiss Order at 3. In the pending motion, the defendant renews this argument.
Under District of Columbia law, "[a]ny person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate, unless such person has filed a complaint" with the District's Office of Human Rights. D.C. Code. Ann. § 2-1403.16(a). Thus, individuals bringing DCHRA claims are "offered two possible paths to redress:
*201they may file a complaint either in court or with OHR. In general, they cannot do both." Elzeneiny v. District of Columbia ,
It is undisputed that the plaintiff filed a complaint with OHR on December 30, 2010, that the plaintiff did not withdraw that complaint, and that OHR issued its final decision on that complaint on January 3, 2012. See Def.'s SMF ¶¶ 1-2 (undisputed); Def.'s Mem. Supp. Mot. Summ. J. ("Def.'s Mem.") at 9, ECF No. 43-1; Pl.'s Opp'n at 63-64. The plaintiff nevertheless maintains that the defendant has forfeited any challenge to the DCHRA claims as procedurally barred because according to the plaintiff, this challenge amounts to "an assertion that Plaintiff has brought forth a claim upon which the Court cannot grant her a relief," which, pursuant to Federal Rule of Civil Procedure 12(h)(2), was required to be raised in a motion to dismiss. Pl.'s Opp'n at 64. The plaintiff is mistaken, for two reasons.
First, the plaintiff is incorrect that the defendant's challenge is one that needed to be raised in a motion to dismiss. Instead, this challenge addresses the Court's power to consider the plaintiff's DCHRA claims, and was initially raised as such. Def.'s Reply Mot. Dismiss at 3. Such claims may be raised at any time during the litigation, and "[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action." FED. R. CIV. P. 12(h)(3). Given the undisputed facts that the plaintiff elected to file an OHR complaint and that OHR issued a final determination on that complaint, the plaintiff cannot now seek to pursue those same claims in federal district court.
Moreover, the plaintiff's argument ignores the fact that any concern about the timing of raising this challenge during briefing on the defendant's Motion to Dismiss is no longer present. This jurisdictional argument was previously rejected in order to give the plaintiff time to consider and respond to the defendant's position, raised for the first time in a reply brief. The cases cited by the Court expressly reference the concern that arguments raised for the first time in reply briefs deprive the opposing party of adequate time to consider all the arguments raised against it. Mot. Dismiss Order at 3 (citing Performance Contracting, Inc. v. Rapid Response Const., Inc. ,
*202Pl.'s Opp'n at 63-64. Summary judgment is therefore granted to the defendant on all of the plaintiff's DCHRA claims. The remaining federal claims are next considered in turn.
B. Counts I, III, and V: Employment Discrimination on the Basis of Race, Gender, and Disability
The plaintiff first claims she was the victim of employment discrimination on the basis of race, gender, and disability. These claims must be rejected because the plaintiff has not established that she suffered an adverse employment action, let alone that such actions were the result of discriminatory animus.
1. The Plaintiff Has Not Established a Prima Facie Case of Employment Discrimination on the Basis of Race, Gender, or Disability
In a case involving no direct evidence of discrimination, the court is guided in its analysis of circumstantial evidence by the familiar burden-shifting framework established in McDonnell Douglas Corp. v. Green ,
Critical to this case is whether the plaintiff suffered an adverse employment action. An "adverse employment action" is "a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing significant change in benefits." Baird v. Gotbaum ,
According to the plaintiff, she suffered adverse employment actions in the form of her "denial of promotions and pay raises," "placement on absent-without-leave status," "denial of training opportunities," "denial of office equipment, which forced Ms. Pauling to take annual leave," and "denial of the opportunity to telework, which also forced Ms. Pauling to take annual leave." Pl.'s Opp'n at 23; see also id. at 41, 43, 48-49. None of these actions, however, is "a significant change in employment status," Baird ,
As for the alleged denial of promotions and pay raises, the plaintiff has not identified any specific promotion or pay raise that she applied for and did not receive. To the contrary, the plaintiff's own briefing and evidence makes clear that in August 2010, shortly after she had filed her internal EEO complaint, she "was promoted from a Grade 11, Step 3 to a Grade 12, Step 1 as a result of her stellar performance," and that "[i]n 2012, Ms. Pauling was promoted to a Senior Crime Analyst position." Pl.'s Opp'n at 1; see also Pl.'s Dep. at 77-79. The record thus belies any claim that she was denied promotions or raises.
Regarding her placement on "absent without leave" status for five hours on October 9, 2015, the plaintiff has not explained how this action amounts to "a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing significant change in benefits." Baird ,
Next, the mere denial of training opportunities does not constitute an adverse employment action. See, e.g. , Dorns v. Geithner ,
Finally, regarding the denial of equipment and telecommuting privileges, the plaintiff undisputedly did eventually receive both the requested ergonomic equipment and the right to telecommute. See Def.'s SMF ¶¶ 21-22 (undisputed); Pl.'s Dep. at 34-35. While a delay in satisfying these requests might be cognizable as a failure-to-accommodate claim, that delay does not amount to a "significant change" in the plaintiff's employment status and, therefore, is not actionable as an adverse action supporting a discrimination claim. See Ellerth ,
2. The Plaintiff Has Not Established That MPD's Reasons for Any Adverse Employment Action Were Pretext for Discrimination on the Basis of Race, Gender, or Disability
Even assuming that the plaintiff had, in fact, suffered an adverse employment action, the plaintiff would fare no better. If the plaintiff had succeeded in establishing a prima facie case, the burden would then shift to the employer "to articulate some legitimate, nondiscriminatory reason" for its actions. McDonnell Douglas ,
In resolving this central question, courts look to, inter alia , "(1) the plaintiff's prima facie case; (2) any evidence the plaintiff presents to attack the employer's proffered explanation for its actions; and (3) any further evidence of discrimination that may be available to the plaintiff (such as independent evidence of discriminatory statements or attitudes on the part of the employer)." Hampton v. Vilsack ,
To "support an inference that the employer's stated reasons were pretextual, and the real reasons were prohibited discrimination or retaliation, [a plaintiff may cite] the employer's better treatment of similarly situated employees outside the plaintiff's protected group, its inconsistent or dishonest explanations, its deviation from established procedures or criteria, or the employer's pattern of poor treatment of other employees in the same protected group as the plaintiff, or other relevant evidence that a jury could reasonably conclude evinces an illicit motive." Walker v. Johnson ,
In this case, the only actions that could conceivably be construed as adverse employment actions are the plaintiff's placement on absent-without-leave status, the denial of ergonomic equipment, and the denial of telecommuting privileges-but the defendant has offered legitimate, nondiscriminatory reasons for those actions.
The plaintiff has not established that these reasons were pretext for discrimination on the basis of race, gender, or disability. She first attempts to rebut those reasons by claiming that white employees who requested ergonomic equipment and telecommuting privileges were accommodated relatively quickly. Pl.'s Opp'n at 33-34. As discussed above, however, the plaintiff has provided no details regarding the coworkers that were permitted to telecommute beyond her own assertion that these individuals "had no problems, no denial, no nothing of anything." Pl.'s Dep. at 46. Without more details on the specific circumstances of those individuals and their requests, there is no "relevant evidence that a jury could reasonably conclude evinces an illicit motive." Walker ,
The plaintiff also challenges the stated legitimate, nondiscriminatory reasons by proffering "independent evidence of discriminatory statements or attitudes on the part of the employer." Hampton ,
Thus, even if the delay in the provision of equipment and telecommuting privileges did amount to an adverse employment action, the plaintiff has not carried her burden of establishing that the legitimate, nondiscriminatory reasons proffered by the defendant were pretext for race, gender, or disability discrimination.
C. Count II: Retaliation
The plaintiff next claims that she suffered "adverse retaliatory actions" that were "a direct result of Plaintiff having previously engaged in protected EEO activity." Compl. ¶ 104. The legal framework for demonstrating retaliation under Title VII is similar to the framework for establishing discrimination, which also applies to retaliation claims under the ADA and the Rehabilitation Act. See Smith v. District of Columbia ,
The defendant does not dispute that the plaintiff engaged in a protected activity by filing an EEO complaint.
*207See Def.'s Mem. at 20. Hence, the critical questions are whether the plaintiff was subjected to an adverse employment action and, if so, whether a causal connection between the protected activity and the alleged adverse action is present. In the retaliation context, adverse actions are "not limited to discriminatory actions that affect the terms and conditions of employment," but instead reach any harm that "well might have dissuaded a reasonable worker from making or supporting a charge of discrimination." Baird ,
In support of her retaliation claim, the plaintiff states that the "adverse actions in the record that Ms. Pauling testifies to are the denial of promotions and pay raises; her placement on absent-without-leave status ('AWOL'); the denial of office equipment, which forced Ms. Pauling to take annual leave, which is an objectively tangible harm; and denial of the opportunity to telework, which also forced Ms. Pauling to take annual leave, which is an objectively tangible harm." Pl.'s Opp'n at 41. Elsewhere in her brief, the plaintiff also states that she "was ignored by and suffered silent treatment from her supervisor, her assignments have been removed and given to a white, male colleague, she had her training requests denied, and she was given a feces stained chair." Id. at 40. Even under the broader definition of adverse actions in the retaliation context, several of the plaintiff's contentions can be flatly rejected. As discussed, the plaintiff's claims of denied promotions and raises lack merit given her multiple promotions and raises, even after she engaged in protected activity. See Pl.'s Opp'n at 1; Def.'s SMF ¶ 4 (undisputed). Similarly, although there was a delay in providing the plaintiff with ergonomic equipment and telecommuting privileges, it is undisputed that she eventually received those benefits, even after filing an OHR complaint and initiating this lawsuit. See Def.'s SMF ¶¶ 19, 21, 25, 27-28 (undisputed). As for the "silent treatment" the plaintiff claims to have suffered, she admits elsewhere in her brief that "she does not allege that the isolation she experienced was an adverse action." Pl.'s Opp'n at 41. Finally, the plaintiff offers no evidence of which assignments of hers were taken away and given to white, male colleagues or when, and has provided no reason to believe that any such reassignment would amount to anything more than a "petty slight[ ]" or a "trivial harm[ ]." Burlington ,
The plaintiff's best examples of potentially retaliatory actions are her placement on AWOL status and the provision of an allegedly feces-stained chair. Even assuming that these actions amount to materially adverse actions, however, the plaintiff has not established a causal link between her protected activity and these actions. See Hamilton ,
Similarly, the record evidence surrounding the soiled chair does not provide any indication that the chair was provided as retaliation. The plaintiff testified that she rejected the first chair because it "had feces on it," Pl.'s Dep. at 35, and that she rejected the second chair because, although she "didn't observe" feces on it, the chair had previously been used by an unhygienic coworker, id. at 90-94. Even assuming the veracity of the plaintiff's claims, however, she has failed to offer any evidence of a causal link between Wickline's provision of these chairs and her protected activity. The plaintiff's testimony indicates only that Wickline laughed while he was giving her the first chair and said, "Well, if you take this chair, you've just got to clean it off." Pl.'s Dep. at 35. When Wickline gave her the second chair, he allegedly said, "Here's a chair. Let me give this to you." Id. at 36. These statements do not evince any retaliatory intent, and therefore fail to provide the requisite "proof that the desire to retaliate was the but-for cause of the challenged employment action." Univ. of Tex. Sw. Med. Ctr. v. Nassar ,
Moreover, the chairs were provided to the plaintiff in November 2010, after the plaintiff had lodged an internal EEO complaint in June 2010 but before she had filed her OHR complaint or initiated this lawsuit. The lack of temporal proximity between the provision of the chairs and the plaintiff's protected activity-five months-is therefore insufficient to show a causal connection as required by Title VII. See, e.g. , Clark Cty. Sch. Dist. v. Breeden ,
D. Count IV: Hostile Work Environment
The plaintiff next claims that she was subjected to a hostile work environment. A plaintiff may prevail on a hostile work environment claim if she can show that her employer subjected her to "discriminatory intimidation, ridicule, and insult" that was "sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." Ayissi-Etoh v. Fannie Mae ,
In evaluating claims of a hostile work environment, the D. C. Circuit has cautioned that "not all abusive behavior, even when it is motivated by discriminatory animus, is actionable." Stewart v. Evans ,
In support of her hostile-work-environment claim, the plaintiff states that her supervisor, Wickline, "consistently walked around the office throwing tantrums, yelling 'that b*tch' in reference to Assistant Chief Diane Grooms who is a woman in upper management at MPD, and [ ] permitted the white males in the office to act with reckless abandon and no consequences." Pl.'s Opp'n at 60. She further alleges that "[g]iven the good ole' boy culture at MPD, white male colleagues of Ms. Pauling have been provided free reign to pass around lewd photos of women and outwardly and explicitly comment on their body parts; [and] hang a swastika in the office."
*210Vickers v. Powell ,
The plaintiff has cited only isolated statements, none of which was directed at her, to establish her claim, but these statements were "mere offensive utterance[s]" that are not "sufficiently hostile or abusive" to avoid summary judgment. Faragher , 524 U.S. at 787-88,
E. Count VI: Failure to Accommodate
Finally, the plaintiff alleges that the defendant failed to provide a reasonable accommodation of her disability in violation of the ADA and the Rehabilitation Act. Compl. ¶¶ 166-78.
Here, only the fourth element-whether the employer denied the plaintiff's request for a reasonable accommodation-is at issue. See Def.'s Mem. at 21-22. To determine an appropriate reasonable accommodation, the agency should "initiate an informal, interactive process with the qualified individual with a disability in need of the accommodation."
Here, the plaintiff does not dispute that she eventually received her requested accommodations. See Def.'s SMF ¶¶ 19, 21, 25, 27-28 (undisputed). Her chief complaint is that MPD "was unwilling to assist Plaintiff in receiving her reasonable accommodation," Compl. ¶ 172, and that MPD "failed to engage in the interactive process," Pl.'s Opp'n at 53. The history of plaintiff's requests for accommodations and the defendant's various responses, as described supra in Part I.A-C, is lengthy. That saga, while protracted, does not show that the defendant "fail[ed] to participate in good faith" or failed "to make reasonable efforts to help [the plaintiff] determine what specific accommodations are necessary." Ward ,
On multiple other occasions, MPD employees informed the plaintiff that they were waiting for her to provide necessary information before proceeding with her requests. See, e.g. , 5/10/10, 10:40 a.m. Email, ECF No. 54-1 at 48 (Wickline informing the plaintiff that he was waiting for forms from her, as well as a copy of her prescription for an ergonomic chair); 5/11/10, 6:38 a.m. Email, ECF No. 54-1 at 50 (Wickline noting that he was waiting for an indication "of when you plan to return to work," "[a] copy of a Doctor's note clearing you to return to work," and a plan for what she would accomplish while working from home); 6/11/10, 4:15 p.m. Email, ECF No. 47-21 at 1 (Crane informing the plaintiff that he was waiting for "a doctor's note specifying what equipment is needed as well as appropriate worker's comp paperwork clearing the return to work"); 6/25/10, 10:32 a.m. Email, ECF No. 54-1 at 67 (Lee noting that he was waiting for the plaintiff to obtain an ergonomic evaluation and a doctor's note indicating the "specific accommodation needed"); 7/19/10, 8:35 a.m. Email, ECF No. 54-1 at 73 (Lee noting that the plaintiff's physician still needed to identify the "actual reasonable accommodation (i.e. chair, stand etc.)"); 9/17/10, 10:20 a.m. Email, ECF No. 54-1 at 77 (Vaughan-Roach indicating that she was waiting for "official documentation from your doctor ... stating the degree of your impairment"); 6/6/12, 11:14 a.m. Email, ECF No. 46-16 at 68 (Lee indicating he was waiting for the plaintiff to identify "specific items you need for your workstation").
On still other occasions, MPD employees checked in with the plaintiff and offered to help her move the process along. See, e.g. , 7/13/10, 3:24 p.m. Email, ECF No. 47-25 at 5 (Lee checking on the status of the plaintiff's ergonomic assessment); 7/14/10, 4:49 p.m. Email, ECF No. 47-25 at 5 (Lee offering to "contact with Human Resources and assist them in carrying out your ergonomic assessment"); 10/3/10, 3:35 p.m. Email, ECF No. 47-17 at 15 (Cramer offering to provide the plaintiff with contact information to obtain a chair); 6/6/12, 11:14 a.m. Email, ECF No. 46-16 at 68 (Lee offering to "re-contact the necessary parties responsible for conducting the ergonomic evaluations"); 6/14/12, 2:04 p.m. Email, ECF No. 46-16 at 66 (Lee checking whether the plaintiff had begun telecommuting); 6/14/12, 3:22 p.m. Email, ECF No. 46-16 at 65 (Lee offering to "ascertain an update" regarding the telecommuting application, despite his instruction that the plaintiff should reach out to Captain Coleman regarding the application).
Taken together, these facts do not show bad faith or a breakdown of the informal, interactive process. See Ward ,
IV. CONCLUSION
For the foregoing reasons, the defendant's Motion for Summary Judgment is GRANTED. An appropriate Order accompanies this Memorandum Opinion.
The plaintiff's complaint also included claims of employment discrimination on the basis of race and retaliation against the District of Columbia, under
The parties filed many exhibits, with multiple duplicates, with their memoranda in support of and in opposition to the instant motion. Although each exhibit and submission from the parties has been reviewed, only those exhibits necessary to provide context for resolution of the instant motion are cited herein. In addition, the defendant's exhibits in support of its Motion for Summary Judgment were filed in a single document appearing at ECF No. 54-1, and the plaintiff's Exhibit 15 includes many separate documents filed as one file appearing at ECF No. 46-16. For ease of review, page number citations to these combined set of exhibits reference the ECF page number, not the page number of the individual exhibits.
The parties have submitted many identical exhibits in their moving and responsive papers and, for ease of review, citations to the parties' exhibits will identify the docket number where the referenced section may be found rather than the exhibit number. The parties have also submitted many emails as exhibits, often in files that contain more than one email. Citations to emails will identify the date and time of the email, as well as the docket number in which the referenced email may be found.
The November 19, 2013, email was not entered into the record, but a later letter from Bromeland sent to the plaintiff and her attorney recounts his statements. See Bromeland Letter, ECF No. 54-1 at 94-96.
Elsewhere in the record, the parties agree that "[i]n the summer of 2013, MPD provided Plaintiff with an ergonomic chair, which she accepted." Def.'s SMF ¶ 21 (undisputed).
This case was reassigned to the undersigned Judge on October 24, 2017.
The plaintiff has offered no evidence of any promotions, raises, or trainings that she sought but was denied. Accordingly, the burden of proof never shifted to the defendant to offer legitimate, nondiscriminatory reasons for those alleged actions. See McDonnell Douglas ,
The standards used to determine whether the Rehabilitation Act has been violated in a complaint alleging employment discrimination under that Act are the same standards applied in evaluating similar claims under the ADA. See
Reference
- Full Case Name
- Yolanda PAULING v. DISTRICT OF COLUMBIA
- Cited By
- 21 cases
- Status
- Published