United States District Court, District of Columbia
[Copyrighted Material Omitted]
Robert C. Farley, Jr., Law Office of Robert C. Farley, Washington, DC, for Plaintiff.
Laurie J. Weinstein, United States Attorney's Office, Washington, DC, for Defendant.
REGGIE B. WALTON, District Judge.
Plaintiff Andrew Mamantov brings this action against the defendant asserting
claims for retaliation and discrimination based on age and sex in violation of the Age Discrimination in Employment Act of 1967 (" ADEA" ), 29 U.S.C. §§ 621-634 (2006), and Title VII of the Civil Rights Act of 1964 (" Title VII" ), 42 U.S.C. §§ 2000e-1 to -17 (2006), respectively. Complaint (" Compl." ) ¶ 1. Currently before the Court is the Defendant's Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim or, in the Alternative, for Summary Judgment. Upon careful consideration of the parties' submissions,  the Court concludes for the following reasons that the defendant's motion must be granted in part and denied in part.
The complaint contains the following factual allegations. The plaintiff, a 67-year-old man, has worked as a chemist with the Environmental Protection Agency (" EPA" ) " for over 30 years." Compl. ¶¶ 5, 12. " Since 1983, his job position has been classified as a [c]hemist, GS1320-13."  Id. ¶ 12. He currently " works in the Exposure Assessment Branch ... in the Office of Pollution Prevention and Toxics, ... Economics, Exposure and Technology Division" (the " Division" ). Id. He is " the only organic chemist in the [Exposure Assessment Branch]." Id.
In 1999, the plaintiff began serving as the " Work Assignment Manager for the high profile High Protection Volume ... [C]hemical [C]hallenge [P]rogram" (the " Program" ). Id. ¶ 13, 37. As a manager for the Program, the plaintiff was responsible for " track[ing] and coordinat[ing] all of the work and assignments for the [D]ivision." Id. ¶ 37. He " work[ed] independently" without review " by senior staff or his supervisor." Id. ¶ 14. As manager of the Program, the plaintiff also " prepar[ed] and review[ed] fate assessments." Id. ¶ 13. " [T]he work he conduct[ed] developing fate assessments is characteristic of the GS-14 level" because the plaintiff " serve[d] as [an] expert ..., his findings sometimes result[ed] in policy changes that affect[ed] the work of other experts ..., [and] his recommendations affect[ed] the work of the Exposure Assessments Branch." Id. ¶ 25.
" [I]n or about 2002," the plaintiff began applying for GS-14 level positions. Id. ¶ 19. At that time, Cathy Fehrenbacher was the plaintiff's " manager and the selecting official" for the GS-14 position. Id. Between 2002 and 2010, the plaintiff continued to work under Ms. Fehrenbacher's supervision without promotion to any GS-14 position. Id. ¶¶ 20-37.
The plaintiff alleges that several discriminatory, harassing, and retaliatory events occurred between 2002 and 2009, and cites these events as " background evidence" ...