Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
HIGBEE v. BILLINGTON
February 24, 2003
JOAN F. HIGBEE, PLAINTIFF,
JAMES H. BILLINGTON, DEFENDANT.
The opinion of the court was delivered by: John M. Facciola, United States Magistrate Judge
This case was referred to me by Judge Sullivan for all purposes
including trial pursuant to LCvR 73.1(a). I herein resolve Defendant's
Motion for Summary Judgment. For the reasons set forth below,
defendant's motion for summary judgment will be denied.
There is no genuine issue as to the following facts:
1. Plaintiff, who began working at the Library of
Congress in 1976, was detailed twice to the Library
of Congress' ("the Library") Rare Book and Special
Collections Division ("the Division") in March and
2. Plaintiff was permanently reassigned to the
Division as a GS-12 Reference Librarian in
3. She and two other men, Clark Evans and Robert
Shields, encumbered the position of Reference
Librarian/Specialist, GS-12. All three had the
same position description.
4. On January 14, 1993, plaintiff filed a Complaint of
Discrimination indicating that the alleged bases of
discrimination were gender and sexual harassment.
When asked the date on which the alleged
discrimination took place, she answered August 11,
1992, and a "previous and continuing pattern."
Defendant's Motion for Summary Judgment ("Def.'s
Mot."), Exhibit 6. In the section where she was
asked to explain how she was discriminated
against, she wrote:
As a woman I have been harassed through silent
treatment, intimidating and accusatory memoranda,
trumped up charges, denial of meaningful recognition
for professional accomplishments and responsibilities
and withholding of work assignments designated by my
position description. I have been subjected to a
hostel [sic] work environment. Harassment continues.
5. On May 30, 1995, Dr. Larry Sullivan, Chief of the
Division, provided the three Reference Specialists
— plaintiff, Evans, and Shields — with
performance appraisals. He rated Evans as
"outstanding," resulting in a quality step increase
worth $1,445 per annum. Plaintiff's Opposition to
Defendant's Motion for Summary Judgment ("P.'s
Opp."), Exhibit 16.
Dr. Sullivan rated plaintiff
two steps lower, as "satisfactory," and she
received no quality step increase. P.'s Opp.,
6. Dr. Sullivan left the Library in 1995.
7. On November 24, 1995, T. Dean Flowers, EEO Officer
at the Equal Employment Opportunity Complaints
Office, concluded that plaintiff suffered disparate
treatment and was also subjected to a hostile work
environment because of her gender. P.'s Opp.,
Exhibit 32, at 1, 7. That decision was
subsequently reversed by the Director of Dispute
Resolution and Equal Employment Opportunity. P.'s
Opp., at 9 & n. 4.
8. In 1998, the Library reorganized the Division and
in a reduction in force, plaintiff and Shields were
reassigned to other divisions within ...
Buy This Entire Record For