Steven Drielak v. Scott Pruitt
Steven Drielak v. Scott Pruitt
Opinion
Steven C. Drielak brought this action claiming that his supervisors at the Environmental Protection Agency discriminated against him because of his age, in violation of the Age Discrimination in Employment Act,
EPA hired Drielak in 2003 as a law-enforcement specialist within the agency's Office of Criminal Enforcement, Forensics, and Training. He was then 50 years old. For the next seven years, Drielak rose through the ranks, eventually becoming Director of the Homeland Security Division in the Criminal Enforcement Office. In 2010, as part of an agency-wide restructuring, EPA eliminated the Homeland Security Division. The director of the Criminal Enforcement Office reassigned Drielak to the Office's Field Operations Program.
From 2010 through 2012, Drielak unsuccessfully applied for open positions in the Criminal Enforcement Office. Each time,
the agency selected someone younger than Drielak. The district court, after describing these events and other alleged instances of age discrimination during this period, held that many of Drielak's claims were barred.
Drielak
,
Drielak's defense is in the nature of confession and avoidance. He concedes that, prior to August 22, 2012, he did not consult with a Counselor in EPA's Office of Civil Rights about several discriminatory acts he allegedly experienced more than 45 days before. But he maintains that he should be excused from the regulatory filing deadline. The regulation contains a provision extending the 45-day period if "the individual shows [1] that he or she was not notified of the time limits and was not otherwise aware of them, [2] that he or she did not know and reasonably should not have [ ] known that the discriminatory matter or personnel action occurred, [3] that despite due diligence he or she was prevented by circumstances beyond his or her control from contacting the counselor within the time limits, or [4] for other reasons considered sufficient by the agency or the Commission."
Only the clause numbered [2] is involved in this case.
See
Drielak
,
As to Drielak's timely claims of age discrimination, he failed to establish that he "suffered an adverse employment action"-one of the "two essential elements of a discrimination claim."
Baloch v. Kempthorne
,
Each of his claims has a common theme: his supervisors undermined his authority and placed barriers in the way of his professional development. In late-July 2012, Drielak was not invited to a meeting during which one of his projects was discussed. In August, a briefing paper for the Administrator of the Office of Criminal Enforcement was assigned to one of Drielak's subordinates instead of to him. In October, Drielak's supervisors allowed one of his agents to work on a project without his consent. These slights-Drielak says-relegated him to "professional purgatory." Brief for Appellant at 20.
We agree with the district court that these events did not cause "objectively tangible harm" to Drielak of the sort that would render them adverse employment actions.
Brown v. Brody
,
Drielak's remaining claim alleges retaliation in response to his invoking EPA's internal grievance procedure. He argues that his supervisors transferred four of his agents to another division in April of 2014 to retaliate against him for filing a complaint with EPA's Office of Civil Rights.
To prove retaliation, a plaintiff must establish that he suffered a materially adverse action because he brought or threatened to bring a discrimination claim.
Baloch
,
Drielak filed his complaint with EPA's Office of Civil Rights in December of 2012. Drielak's supervisors reassigned his agents fifteen months later. The Supreme Court has considered temporal proximity as evidence of causation so long as the connection is "very close."
Clark County School District v. Breeden
,
Drielak would have us avoid Clark County on the basis that his evidence amounts to more than just temporal proximity. He insists that his reassignment was retaliatory because EPA's explanation for his reassignment was not true. But EPA's reason for acting-that an understaffed division needed more agents-is an explanation Drielak himself recognized. Agents in other divisions went through similar reassignments around the same time, and the remainder of Drielak's agents were reassigned following his retirement the next year. Drielak's agents were already assisting the division in a supplemental role. The division needed more than supplemental support.
Affirmed .
The Act gave Drielak another choice for bringing an action in federal court. He could have notified the Equal Employment Opportunity Commission of his intent to file an action. See 29 U.S.C. § 633a(d). He did not do so.
The district court's "reasonable suspicion" standard apparently originated in
Parades v. Nagle
, No. 81-1374,
In addition, under the regulation, Drielak had the "responsibility, when possible, to further investigate a personnel action in order to determine whether the action was discriminatory."
Miller v. Hersman
,
Reference
- Full Case Name
- Steven C. DRIELAK, Appellant v. E. Scott PRUITT, Administrator, Appellee
- Cited By
- 11 cases
- Status
- Published