The opinion of the court was delivered by: Rosemary M. Collyer United States District Judge
Pamela Montgomery Beckham sues Defendant National Railroad Passenger Corporation (Amtrak) for a failure to promote and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. § 2000e et seq., on the basis of her race. On December 10, 2008, the Court denied Amtrak's motion to dismiss, finding that Ms. Beckham had timely filed a charge with the Equal Employment Opportunity Commission ("EEOC"), despite her having failed to timely file a formal "Charge of Discrimination," because her completed and timely filed "Charge Questionnaire" was sufficient to constitute a "charge." See Dkt. # 10. However, at the Initial Scheduling Conference held in open Court on February 20, 2009, the Court questioned whether Ms. Beckham complained of a racially discriminatory failure to promote in the Charge Questionnaire and ordered the parties to brief the issue, see Dkt. # 16, which the parties have now done. For the reasons explained herein, the Court finds that the Charge Questionnaire is too vague and circumscribed to constitute a complaint of a racially discriminatory failure to promote, and the failure to promote claim will be dismissed.
Ms. Beckham is an African-American woman who has been employed by Amtrak since 1989. She was initially hired as a Train Attendant and is currently a Senior Analyst in the Office of Service Standards located in Wilmington, Delaware.
On November 10, 2005, Ms. Beckham completed and filed a Charge Questionnaire with the EEOC. In response to the question "[w]hat action was taken against you that you believe to be discriminatory?[,]" Ms. Beckham answered:*fn2
Hired white female that I am presently training in the Service Standards department: White female (Monika Sloane) . . . . When Monika was given the job of Director of Service Standards I was told before she came that they needed someone up and running. Well all the program[s] that she works with have been self taught. While I am attending school (Villa Julie College) to get my Master['s] and have learned these same program[s]. Where I feel I have the up on Monika is that I know Standards and have been writing them (with the assistance of the various departments) for nearly five years.
Pl.'s Opp'n to Def.'s Mot. to Dismiss Failure to Promote Claim ("Pl.'s Opp'n"), Ex. 1 (Plaintiff's completed Charge Questionnaire). The Charge Questionnaire was filed 299 days after Amtrak hired Ms. Sloane, just one day shy of the 300 days within which Ms. Beckham was required to file with the EEOC.*fn3 It is the only one of Ms. Beckham's filings that was timely filed with respect to her failure to promote claim.
On December 19, 2005, Ms. Beckham wrote a letter to the EEOC explaining that "[a]fter more than a year of racial job discrimination and harassment, on November 10, 2005[,] I found no other alternative except to visit the Equal Employment Opportunity Commission to file a formal complaint." Pl.'s Opp'n, Ex. 4 (Plaintiff's December 19, 2005 Letter to EEOC). She elaborated that:
On October 31, 2004[,] I submitted my application and resume for the position of Direction [sic] of Service Standards & Operations (Job Reference # 50184625). When several weeks had gone by and I had not been notified as to the date I would be interviewing I spoke to Mr. Nogar, Senior Director of Service Delivery . . . [a]t which time he informed me that he would not be interviewing me because he needed someone with graphic arts background. . . . [T]he previous summer (July 2004) I began working towards my Master's in Advance[d] Business Information Technology (I am expected to graduate May 2006) at Villa Julie College, in Stevenson, Maryland. . . . I was [also] taking classes in graphic art and design. So I was a little surprise[d] to hear that I was not qualified for either an interview or the position. David Nogar hired Monika Sloane in [sic] the position of Director of Service Standards & Operations on January 15, 2005 . . . . Consequently I felt that Mr. Nogar wrote the job description purposely this way as to eliminate me as a candidate. . . . In my opinion this was a deliberate attempt (and it worked) to keep an African American (including myself) from obtaining the position. David Nogar hired a director that has to be directed by her subordinate.
On December 21, 2005, Ms. Beckham filed a "Selection Questionnaire" with the EEOC. See Pl.'s Opp'n, Ex. 5 (Plaintiff's completed Selection Questionnaire). In response to the prompt "[n]ame of position you applied for" she wrote "Director of Service Standards Operations." Id. at question 1. She said she applied for the position in writing on October 31, 2004, see id. at questions 6 & 7, but that "I was never granted an interview, though I had been the incumbent." Id. at question 9. Ms. Beckham said that Monika Sloane, a white female, was selected and that she believed she was not selected because of her race. See id. at questions 15, 16 & 20.
On January 26, 2006, Ms. Beckham filed a formal "Charge of Discrimination" with the EEOC. See Def.'s Mem. in Supp. of Mot. to Dismiss Complaint, Ex. 1 (Plaintiff's completed Charge of Discrimination). She charged:
Mr. Nogar denied me the opportunity to compete for the vacancy for which Ms. Sloane was selected. I was denied the opportunity to interview because I did not meet one of the requirements indicated on the job posting. Upon information and belief, I was not selected because I lacked graphics skills as Mr. Nogar wanted the selected individual to be able to come into the job up and running. More specifically, 85% if [sic] the job was graphics [and] 15% service standards. Ms. Sloane, the successful candidate[,] was not ...