LLOYD v. CHAO

The opinion of the court was delivered by: Gladys Kessler, United States District Judge

MEMORANDUM OPINION

Plaintiff, Valerie Lloyd, brings this action against Elaine Chao, Secretary of Labor, for employment discrimination in violation of Title VII of the Civil Rights Act of 1964, § 701 et seq. as amended, 42 U.S.C. § 2000e et seq. The matter is now before the Court on Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment. Upon consideration of the Motion, Opposition, and the entire record herein, for the reasons stated below, Defendant's Motion is denied.

I. BACKGROUND*fn1

Plaintiff is a female who has been employed by the Department of Labor since 1973. Plaintiff alleges that she was subject to sex discrimination, sexual harassment, a hostile work environment, and retaliation in 1998 and 1999.

In October of 1996, Plaintiff was competitively promoted to a temporary position as a Grade 14 Team Leader. Plaintiff alleges that during 1998, she was harassed and threatened by one of her team members, Douglas Scott. She also alleges that Scott angrily resisted her efforts to review his work, as Lloyd was required to do, pursuant to the directives of her supervisor, Karen Greene. Plaintiff also alleges that, on April 30, 1998, Scott mentioned a gun in a conversation with Lloyd.

On May 1, 1998, Plaintiff maintains that she brought the sexual harassment and hostile environment claims arising out of Scott's actions to Greene's attention. On May 6, 1998, Plaintiff alleges that she also brought those claims to the attention of Robert Litman, Greene's supervisor.

In October of 1998, Plaintiff learned that she would be removed from her temporary Grade 14 Team Leader position and returned to a Grade 13 Program Analyst position. In February of 1999, Plaintiff's demotion took effect, and she was noncompetitively replaced as the Grade 14 Team Leader by another team member.

On March 4, 1999, Plaintiff filed a grievance under the Department of Labor's negotiated grievance procedure, alleging discrimination and unfair treatment when she was removed from her Grade 14 position.

Plaintiff also contacted an Equal Employment Opportunity ("EEO") counselor in the Department of Labor's EEO Office on April 5, 1999, and thereafter filed an informal complaint on April 22, 1999, alleging discrimination on the basis of sex, sexual harassment, and retaliation for complaining to her supervisors, Greene and Litman, in 1998, and for filing the March 4 grievance.

In June of 1999, the temporary Grade 14 Team Leader position Plaintiff previously held, was advertised as a permanent opening. Plaintiff bid for that position, but on September 17, 1999, was informed that a male employee was selected for the position.

In response to her non-selection, Plaintiff filed a second grievance under the Department of Labor's negotiated grievance procedure on October 8, 1999, alleging discrimination and violation of ...