The opinion of the court was delivered by: Gladys Kessler, United States District Judge
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
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.
A. Plaintiff's Allegations of Sexual Harassment and Hostile Work
Environment in 1998
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.
B. Plaintiff's Removal from Her Temporary Grade 14 Team Leader
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.
C. Plaintiff's Non-Selection for the Permanent Grade 14 Team Leader
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 ...