Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007

United States District Court for the District of Columbia · 2007-03-05

42usc2000e-2: author: Fable · not independently reviewed

Original case on neochart.com

Case and law context

42 U.S.C. § 2000e-2

Role: applied; posture: civil; reverse race discrimination, retaliation and hostile-environment claims by eight police canine officers over a unit-wide reorganization; defendants' renewed motion for summary judgment granted; result: claimant-lost; claim: (a)(1); 2000e-3(a)

Uncertainty

None recorded

Misfit

The dispositive holding is a RELATION: an adverse action plus evidence of a race-conscious motive still is not "discrimination" unless individuals of different races were treated differently. It straddles protected-class (background circumstances), because-of and the meaning of "discriminate"; recorded twice (protected-class and because-of) with near-identical reasoning.

"protected-class : not-satisfied" misdescribes the facts: the plaintiffs' race is undisputed (their facts are [supports]); what fails is the D.C. Circuit's extra "background circumstances" showing for majority plaintiffs. An element sub-id (protected-class.background-circumstances) or a circuit-specific modifier is needed. One plaintiff is Black and proceeds by association with the white plaintiffs (footnote), which the element cannot express.

Retaliation (2000e-3) has its own three elements (protected activity / materially adverse action / causation) plus burden shifting, and different alleged acts fail on different sub-elements; the law file has a single `retaliation` id, so the sub-element is carried in the variant genus (the act is now in `count`).

Eight plaintiffs, three claims (discrimination, retaliation, hostile environment) plus parallel 1981 and D.C. Human Rights Act claims decided "under the same legal standard"; one file per (case, law) flattens the claim structure, and `result` is a single value.

adverse-action "satisfied [triable]" rests on hedged, dicta-following language rather than a firm holding; no way to grade the firmness of a holding.

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 33

42 U.S.C. § 2000e-2
CaseCovered entity: employer, employment agency, or labor organizationProtected trait: race, color, religion, sex (including pregnancy/abortion), or national originAdverse employment action affecting compensation, terms, conditions, privileges, or statusDiscriminatory causation ("because of" protected trait)adverse-action-a2 statutory route or exceptionemployment-agency-route statutory route or exception
Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)· not addressed· not addressed

Elements 7–12 of 33

42 U.S.C. § 2000e-2
Caselabor-organization-route statutory route or exceptiontraining-program statutory route or exceptionImpermissible motivating factor in mixed-motive cases (§ 2000e-2(m))Bona fide occupational qualification (§ 2000e-2(e)(1))Severe or pervasive hostile or abusive working environmentParticular employment practice causing a disparate impact on a protected group
Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 13–18 of 33

42 U.S.C. § 2000e-2
CaseBona fide seniority/merit system or professionally developed ability test (§ 2000e-2(h))Failure to reasonably accommodate religious observance or practice (§§ 2000e-2(a)(1), 2000e(j))Retaliation for protected Title VII activity (42 U.S.C. § 2000e-3(a))communist-organization statutory route or exceptionEmployer's legitimate, nondiscriminatory reason (McDonnell Douglas step 2)indian-preference statutory route or exception
Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)· not addressed· not addressed· not addressed
○ not reached · basis not recordedNot counted: applied/merits
· not addressed

Elements 19–24 of 33

42 U.S.C. § 2000e-2
CaseSubsection (n) limits challenges to covered litigated or consent judgments or ordersjudgment-order-scope statutory route or exceptionk2-intentional-limit statutory route or exceptionk3-controlled-substance statutory route or exceptionlabor-organization-causation statutory route or exceptionnational-security statutory route or exception
Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 25–30 of 33

42 U.S.C. § 2000e-2
Caseno-preference-imbalance statutory route or exceptionPretext for discrimination (McDonnell Douglas step 3)Qualified for the position / meeting legitimate employer expectationsreligious-institution statutory route or exceptiontest-score-discrimination statutory route or exceptionRejected "bottom-line" racial or gender balance defense to a discriminatory pass/fail barrier (Connecticut v. Teal)
Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)· not addressed
○ not reached · basis not recordedNot counted: applied/merits
○ not reached · basis not recordedNot counted: applied/merits
· not addressed· not addressed· not addressed

Elements 31–33 of 33

42 U.S.C. § 2000e-2
CaseStrong-basis-in-evidence defense for race-conscious action taken to avoid disparate-impact liability (Ricci v. DeStefano)Rejected defense that an adverse CBA arbitration precludes a Title VII action (Alexander v. Gardner-Denver)Mixed-motive same-decision partial affirmative defense (42 U.S.C. § 2000e-5(g)(2)(B))
Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)· not addressed· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — satisfied · triable (42usc2000e-2: author: Fable · not independently reviewed)Adverse employment action affecting compensation, terms, conditions, privileges, or statussatisfied
Counted merits instance
applied / merits

basis: triable; claim: (a)(1); 2000e-3(a)

Tentatively phrased ("hard to say ... is not"); the only prima facie prong plaintiffs clear.
shift-change/permanent-night-shift-to-rotating-shifts-with-lost-differential
Prior to the reorganization, all plaintiffs worked the midnight shift on a permanent basis and received the night differential (4% of the officer’s base pay).
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [11850:12008] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In addition, plaintiffs argue that they lost overtime opportunities when they were forced to work rotating shifts because they could not routinely testify in court during the day.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [12127:12306] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Moreover, plaintiffs were precluded from maintaining other part-time work and incurred additional expenses for childcare that they did not incur prior to the reorganization.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [12311:12484] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

An employee suffers an adverse employment action if he experiences “materially adverse consequences affecting the terms, conditions, or privileges, of employment or future employment opportunities such that a reasonable trier of fact could find objectively tangible harm.”
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [10619:10891] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

Similar to Freedman, it is hard to say that a change from a permanent midnight shift to a rotating shift where one’s schedule changes every month is not a change in the conditions or privileges of employment sufficient to constitute an adverse employment action.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [14663:14925] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — not · no-evidence (42usc2000e-2: author: Fable · not independently reviewed)Discriminatory causation ("because of" protected trait)not
Counted merits instance
applied / merits

basis: no-evidence; claim: (a)(1); 2000e-3(a)

Racial motive for the decision (evidence that officials considered squad racial make-up) is held irrelevant absent a racially differential EFFECT on individuals: "discriminate" is read to require disparate treatment, not just a race-based reason.
differential-treatment/unit-wide-change-applied-to-all-races
On March 6, 2003, Cathy Lanier, Commander of the Special Operations Division, issued a memorandum announcing that the MPD was going to reorganize the Canine Unit so that all canine officers would work five eight-hour shifts per week instead of four ten-hour shifts and would rotate through different shifts instead of being assigned to a permanent day or night shift.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [1653:2020] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In this case, all officers in the Canine Unit were equally affected by the reorganization in that all officers were required to work rotating shifts regardless of race.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [5887:6055] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

They point to evidence that higher level police officials were concerned about the racial make up of the squads when they decided to undertake the reorganization and that those officials took race into account when realigning the squads.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [16300:16537] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

an employee alleging discrimination based on changed conditions or terms of employment must make some sort of showing that the change affected him in some way different from other employees.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [15389:15579] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

If every single employee in a racially diverse Canine Unit faces the same change in the terms and conditions of his employment after a reorganization, there are no “distinctions or differences in treatment.”
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [15830:16037] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Given that some sort of different treatment is at the heart of a discrimination claim, plaintiffs’ arguments fail.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [16746:16860] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — satisfied · conceded (42usc2000e-2: author: Fable · not independently reviewed)Covered entity: employer, employment agency, or labor organizationsatisfied
Counted merits instance
applied / merits

basis: conceded; claim: (a)(1); 2000e-3(a)

municipal-police-department
Plaintiffs are eight District of Columbia Metropolitan Police Department officers employed in the Canine Unit of the Special Operations Division.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [517:662] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — not reached (42usc2000e-2: author: Fable · not independently reviewed)Employer's legitimate, nondiscriminatory reason (McDonnell Douglas step 2)not_reached
Excluded from merits counts
applied / merits

claim: (a)(1); 2000e-3(a)

MPD's reasons for the reorganization (supervision, workload, bite exposure, seniority spread) are recited as disputed but the court never reaches step 2 on the discrimination claim.
Unspecified routeNo source quotation recorded for this block.
Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — not · no-evidence (42usc2000e-2: author: Fable · not independently reviewed)Severe or pervasive hostile or abusive working environmentnot
Counted merits instance
applied / merits

basis: no-evidence; claim: (a)(1); 2000e-3(a)

sporadic-anonymous-coworker-graffiti-and-gestures
(1) a drawing placed on Squad 2’s locker that depicts members of the squad as KKK members and has written on the bottom “The Good 01’ Day’s”; (2) the words “KKK,” “Whitey Rules,” or “The Good 01 Boy Squad” written on the chalkboard; (3) receiving Nazi salutes from coworkers; (4) silent treatment by other officers;
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [29091:29406] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Plaintiffs do not allege that any of these incidents were physically threatening, nor do they provide any information about the frequency with which these incidents occurred.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [29994:30168] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

A workplace is hostile for purposes of Title VII only when “the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.”
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [27252:27529] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

Whether considered in isolation or taken together, these incidents do not provide sufficiently severe or pervasive conduct to support a hostile work environment claim.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [29538:29705] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — not · no-evidence (42usc2000e-2: author: Fable · not independently reviewed)Basis for imputing harassment liability to the employernot
Counted merits instance
applied / merits

basis: no-evidence; claim: (a)(1); 2000e-3(a)

unreported-incidents-and-investigated-incident
As for the writing on the chalkboard of racist sayings, Officer Richardson immediately erased these sayings and did not report them to anyone.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [30864:31006] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Although there is some dispute about the adequacy of the investigation into the KKK drawing, there is no dispute that the Department’s Office of Internal Affairs (“OIA”) did conduct an investigation.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [31488:31687] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Moreover, the Department can only be held liable for harassment of the plaintiffs by fellow employees “if the employer knew or should have known of the harassment and failed to implement prompt and appropriate corrective action.”
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [30291:30520] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

Therefore, the employer could not reasonably have been expected to know of these incidents or take action against them.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [31051:31170] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — not reached (42usc2000e-2: author: Fable · not independently reviewed)Pretext for discrimination (McDonnell Douglas step 3)not_reached
Excluded from merits counts
applied / merits

claim: (a)(1); 2000e-3(a); count: discrimination claim; subject: count=discrimination claim

Unspecified routeNo source quotation recorded for this block.
Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — not · no-evidence (42usc2000e-2: author: Fable · not independently reviewed)Protected trait: race, color, religion, sex (including pregnancy/abortion), or national originnot
Counted merits instance
applied / merits

basis: no-evidence; claim: (a)(1); 2000e-3(a)

D.C. Circuit "background circumstances" gloss turns class membership into an evidentiary showing for white plaintiffs; it fails here for the same reason because-of fails (no difference in treatment by race). The one Black plaintiff is treated as an associational claimant (fn.).
majority-plaintiff-background-circumstances/race-conscious-policy-applied-to-everyone
Plaintiffs James E. Ginger, Paul E. Hustlar, Michael J. Lewis, Bernard D. Richardson, Mark W. Wood, Robert M. Wigton, and Roy Potter are white.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [798:941] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Plaintiffs allege that the reorganization occurred because of a perception that Squad 2 was “too white” and because of a concern about how the media would react to a mostly white squad whose victims were mostly black.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [2040:2257] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The analysis also revealed that Squad 2, which was involved in the majority of the bites, had a racial makeup that is predominantly white male — 6 out of 7 officers and the sergeant are white males.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [3029:3227] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In reverse discrimination cases, a plaintiff must do more than simply show that he is white in order to make out the first prong of a prima facie case of discrimination.
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Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

To demonstrate background circumstances, a plaintiff must provide evidence from one of the following categories: (1) evidence indicating that the employer “ ‘has some reason or inclination to discriminate invidiously against whites’ ”; or (2) evidence indicating that “ ‘there is something “fishy” about the facts of the case at hand that raises an inference of discrimination.’ ”
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [7802:8182] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

The fact that concern about race relations plays into decision making at a macro level when developing policies on how to reorganize a police unit is not sufficient to support the suspicion that the Metropolitan Police Department is the unusual employer that discriminates against the majority.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [10178:10472] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — not reached (42usc2000e-2: author: Fable · not independently reviewed)Qualified for the position / meeting legitimate employer expectationsnot_reached
Excluded from merits counts
applied / merits

claim: (a)(1); 2000e-3(a)

Unspecified routeNo source quotation recorded for this block.
Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — not · no-evidence (42usc2000e-2: author: Fable · not independently reviewed)Retaliation for protected Title VII activity (42 U.S.C. § 2000e-3(a))not
Counted merits instance
applied / merits

basis: no-evidence; claim: (a)(1); 2000e-3(a); party: Officer Potter; count: midweek days off; subject: party=Officer Potter; count=midweek days off

Adverse action assumed arguendo for this count; it is decided on pretext alone (its only ground, so not `scope alternative`).
seniority-based-scheduling-reason-unrebutted
The plaintiffs do not dispute that, following the reorganization, the Canine Unit suffered shortages of officers on the weekends.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [26072:26201] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Plaintiffs provide no evidence that they were forced to have days off in the middle of the week when other officers were not.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [26731:26856] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Even assuming that requiring employees to take days off in the middle of the week when they previously had at least one weekend day off could be considered an adverse employment action sufficient to make out a prima facie case of retaliation, plaintiffs have failed to provide evidence that the Department’s legitimate, non-discriminatory reasons for assigning weekdays off were pretextual.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [25681:26071] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — not · no-evidence (42usc2000e-2: author: Fable · not independently reviewed)Retaliation for protected Title VII activity (42 U.S.C. § 2000e-3(a))not
Counted merits instance
applied / merits

basis: no-evidence; claim: (a)(1); 2000e-3(a); count: rotating shifts; subject: count=rotating shifts

adverse-decision-announced-before-protected-activity
There is no dispute that plaintiffs engaged in a statutorily protected activity when they filed a complaint with the EEOC on April 21, 2003.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [19033:19173] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Plaintiffs do not dispute that the decision to rotate shifts was announced on March 6, 2003, a month and a half before they filed their EEOC complaint.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [20991:21142] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In order to make out a prima facie case of retaliation, a plaintiff must show that (1) he engaged in a statutorily protected activity; (2) the employer took an adverse action against him; and (3) there is a causal connection between the two.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [17204:17445] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Plaintiffs cannot show a causal connection between the shift changes that the entire unit faced and the filing of their EEOC complaint.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [20855:20990] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 — not · no-evidence (42usc2000e-2: author: Fable · not independently reviewed)Retaliation for protected Title VII activity (42 U.S.C. § 2000e-3(a))not
Counted merits instance
applied / merits

basis: no-evidence; claim: (a)(1); 2000e-3(a); count: post-charge investigations, training recommendations, single citizen-complaint allegation, extended leave pending investigation; subject: count=post-charge investigations, training recommendations, single citizen-complaint allegation, extended leave pending investigation

investigations-and-recommendations-without-discipline
Moreover, plaintiffs do not dispute that none of the investigations into their conduct that occurred after the reorganization have resulted in discipline or suspension.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [23026:23194] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

First, the allegation would only result in disciplinary action if Officer LaGrand were to receive two additional allegations at some point in the future.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [23336:23489] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Officer Wood was never even required to attend the class.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [24923:24980] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

This investigation did not occur until over a year and a half after the plaintiffs filed their EEOC complaint and a year after the first complaint was filed in this Court.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [21499:21670] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The mere initiation of an investigation into a plaintiffs conduct is not an adverse employment action when it has no effect on the plaintiffs employment.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [22301:22454] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

None of these allegations are sufficient for plaintiffs’ retaliation claim to survive summary judgment.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [20751:20854] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case

interpretation

In reverse discrimination cases, a plaintiff must do more than simply show that he is white in order to make out the first prong of a prima facie case of discrimination.

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)

In reverse discrimination cases, a plaintiff must do more than simply show that he is white in order to make out the first prong of a prima facie case of discrimination.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [7138:7307] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Every individual has a race, color, religion, sex, and national origin; in circuits applying a modified McDonnell Douglas prima facie prong to majority-group ("reverse discrimination") plaintiffs, background circumstances suggesting inclination to discriminate against the majority group are required.

interpretation

To demonstrate background circumstances, a plaintiff must provide evidence from one of the following categories: (1) evidence indicating that the employer “ ‘has some reason or inclination to discriminate invidiously against whites’ ”; or (2) evidence indicating that “ ‘there is something “fishy” about the facts of the case at hand that raises an inference of discrimination.’ ”

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)

To demonstrate background circumstances, a plaintiff must provide evidence from one of the following categories: (1) evidence indicating that the employer “ ‘has some reason or inclination to discriminate invidiously against whites’ ”; or (2) evidence indicating that “ ‘there is something “fishy” about the facts of the case at hand that raises an inference of discrimination.’ ”
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [7802:8182] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Every individual has a race, color, religion, sex, and national origin; in circuits applying a modified McDonnell Douglas prima facie prong to majority-group ("reverse discrimination") plaintiffs, background circumstances suggesting inclination to discriminate against the majority group are required.

interpretation

An employee suffers an adverse employment action if he experiences “materially adverse consequences affecting the terms, conditions, or privileges, of employment or future employment opportunities such that a reasonable trier of fact could find objectively tangible harm.”

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)

An employee suffers an adverse employment action if he experiences “materially adverse consequences affecting the terms, conditions, or privileges, of employment or future employment opportunities such that a reasonable trier of fact could find objectively tangible harm.”
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [10619:10891] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Actionable harm to employment status or terms, conditions, or privileges of employment under § 2000e-2(a)(1)-(2).

interpretation

an employee alleging discrimination based on changed conditions or terms of employment must make some sort of showing that the change affected him in some way different from other employees.

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)

an employee alleging discrimination based on changed conditions or terms of employment must make some sort of showing that the change affected him in some way different from other employees.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [15389:15579] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

(formerly `variant circumstantial-nexus`) Circumstantial inference of discriminatory animus (remarks, timing, replacement outside class) Ultimate causation/intent requirement under § 2000e-2(a): the protected trait was a determinative cause of the adverse employment action.

interpretation

If every single employee in a racially diverse Canine Unit faces the same change in the terms and conditions of his employment after a reorganization, there are no “distinctions or differences in treatment.”

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)

If every single employee in a racially diverse Canine Unit faces the same change in the terms and conditions of his employment after a reorganization, there are no “distinctions or differences in treatment.”
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [15830:16037] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

(formerly `variant circumstantial-nexus`) Circumstantial inference of discriminatory animus (remarks, timing, replacement outside class) Ultimate causation/intent requirement under § 2000e-2(a): the protected trait was a determinative cause of the adverse employment action.

interpretation

A workplace is hostile for purposes of Title VII only when “the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.”

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)

A workplace is hostile for purposes of Title VII only when “the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.”
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [27252:27529] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Harassment so severe or pervasive as to alter the conditions of the victim's employment and create an objectively and subjectively abusive working environment.

interpretation

Moreover, the Department can only be held liable for harassment of the plaintiffs by fellow employees “if the employer knew or should have known of the harassment and failed to implement prompt and appropriate corrective action.”

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)

Moreover, the Department can only be held liable for harassment of the plaintiffs by fellow employees “if the employer knew or should have known of the harassment and failed to implement prompt and appropriate corrective action.”
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [30291:30520] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Basis for imputing workplace harassment to the employer under agency principles.

interpretation

In order to make out a prima facie case of retaliation, a plaintiff must show that (1) he engaged in a statutorily protected activity; (2) the employer took an adverse action against him; and (3) there is a causal connection between the two.

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)

In order to make out a prima facie case of retaliation, a plaintiff must show that (1) he engaged in a statutorily protected activity; (2) the employer took an adverse action against him; and (3) there is a causal connection between the two.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [17204:17445] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Title VII anti-retaliation claim (42 U.S.C. § 2000e-3(a)) routinely litigated alongside § 2000e-2 discrimination claims: requires (1) protected activity, (2) materially adverse action under the Burlington Northern dissuasion standard, and (3) causal connection.

interpretation

The mere initiation of an investigation into a plaintiffs conduct is not an adverse employment action when it has no effect on the plaintiffs employment.

Ginger v. District of Columbia — 477 F. Supp. 2d 41 (2007) · United States District Court for the District of Columbia · 2007 (42usc2000e-2: author: Fable · not independently reviewed)

The mere initiation of an investigation into a plaintiffs conduct is not an adverse employment action when it has no effect on the plaintiffs employment.
Source: docroot/ir/caselaw/f_supp_2d_477.jsonl#/f-supp-2d/477/0041-01; Unicode character offsets [22301:22454] (end exclusive); SHA-256 98f9fdfbd29e7eaa93261d6440fe0ed8e4821a6a9a6334e41f0be98ebbbe49e1.

Title VII anti-retaliation claim (42 U.S.C. § 2000e-3(a)) routinely litigated alongside § 2000e-2 discrimination claims: requires (1) protected activity, (2) materially adverse action under the Burlington Northern dissuasion standard, and (3) causal connection.