The opinion of the court was delivered by: John M. Facciola U.S. Magistrate Judge
Plaintiff Judine Slaughter brings this action alleging that she was discriminated against on the basis of her race (African-American). Specifically, she argues that some of her duties were reassigned to a Caucasian co-worker, and that she was denied a promotion despite performing the same duties as other Caucasian co-workers. Defendant now moves to dismiss plaintiff's claims either for lack of subject matter jurisdiction, or, alternatively, for failure to state a claim.
Plaintiff began working for the Federal Aviation Administration in the Office of Rulemaking in June 2000. Judine Slaughter's Unofficial Timeline for Discriminatory Events [#1-1] ("Timeline") at 51. Plaintiff's position was a full-time temporary position that was not to exceed two years. Id. In May 2002, her position was extended for three more years. Id. at 52. In February 2004 her position was converted to a permanent position. Id. at 53. During the period from September 2001 to October 2004, plaintiff claims that she served as the administrator of the Automated Exemption System ("AES"). Id. at 51. She also trained secretarial staff and assisted with troubleshooting. Complaint [#1] at 2.
Nancy Trembley became the Acting Manager of the Program Analysis Staff, including plaintiff, in November 2004. Office of Rulemaking Program Analysis Staff Role and Responsibilities as of November 30, 2004 [#1-1] at 25. Plaintiff alleges that Trembley took over her responsibilities regarding AES and she found out about the reassignment in May 2006. Complaint at 2.
In December 2004 plaintiff was asked to write a final rule. Timeline at 55. Plaintiff was reportedly surprised to receive this assignment because employees at her level ordinarily only edit rules. Id. Plaintiff wrote the rule and it was published in the Federal Register, where she is listed as the point of contact. Id. In October 2005, plaintiff had her end of the year evaluation with Eve Adams. She asked Adams for a promotion and Adams told her to wait another year. Id. Plaintiff sought a desk audit.
Plaintiff's audit was conducted by Agnes Brooks, who, like the plaintiff, is African-American. Brooks concluded that plaintiff's duties did not support a promotion to the GS-12 level. Evaluation Statement [#1-1] ("Audit") at 1-5. To reach her conclusion, Brooks evaluated plaintiff's duties based on 9 factors: (1) knowledge required by the position; (2) supervisory controls; (3) guidelines; (4) complexity; (5) scope and effect; (6) personal contacts; (7) purpose of contacts; (8) physical demands; and (9) work environment. Id. The Audit was completed on January 25, 2006. Id. at 5. Plaintiff claims that she was notified of the audit results at her evaluation in April 2006. Complaint at 1.
Plaintiff alleges that she timely contacted an EEO officer and eventually filed a complaint with the following two counts:
Were you discriminated against based on your race (African American) when:
1) you became aware on May 16, 2006 that your duties pertaining to the Automation Exemption System were being reassigned to a GS-14 employee; and
2) In April 2006, you received the results of a desk audit which did not support an upgrade of your position.
Complaint at 1. Plaintiff also argues that Fazio discriminated against her by belittling her tasks and encouraging his staff to hire Caucasian employees. She also alleges that her supervisor failed to inform her that she was listed as a Contracting Officer Technical Representative for a project.
A. Whether There is a Jurisdictional ...