Routier v. Ross


UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA RAMSES ROUTIER, Plaintiff, v. Civil Action No. 17-2833 (JEB) WILBUR L. ROSS, JR., Secretary, United States Department of Commerce, Defendant. MEMORANDUM OPINION Plaintiff Ramses Routier worked as a GS-13 Electronics Engineer in the National Telecommunications and Information Administration (NTIA) within the Department of Commerce. A 62-year-old man of Haitian descent with 27 years of federal-service experience, Routier’s government career ended when he was removed from his position in fall 2016 by his supervisors, Binyam Tadesse and Dr. Darlene Drazenovich, for poor workplace performance. Believing his supervisors had discriminated and retaliated against him — and had subjected him to a hostile work environment — Plaintiff brought suit here. The Government has now moved to dismiss one count and narrow another, arguing that Routier has insufficiently alleged adverse action and a hostile work environment. The Court agrees with Defendant’s contentions and will grant the Motion. I. Background The Court, as it must at this stage, sets forth the facts as pleaded in the Complaint. Routier, a 62-year-old immigrant from Haiti with two graduate degrees in electronics engineering, worked as a GS-13 Electronics Engineer in the Systems Review Branch of the 1 Spectrum Services Division of the Office of Spectrum Management (OSM) at the NTIA, which is housed within the Department of Commerce. See ECF No. 15 (Am. Compl.), ¶¶ 1, 6–10. His responsibilities included performing preliminary assessments of major federal radio- communications systems, developing procedures for efficient spectrum utilization, giving advice and guidance on how to resolve technical and policy problems, and providing electronics- engineering expertise to the Spectrum Services Division. Id., ¶¶ 13–15. In his position, Routier reported to two others: Binyam Tadesse, his first-level supervisor, and Dr. Darlene Drazenovich, his second-level supervisor. Id., ¶¶ 11–12. During the time relevant to this case, Routier worked with Hien Q. Ly, a 40-year-old Vietnamese-American electronics engineer who had similar duties. Id., ¶¶ 22–23. Plaintiff alleges that his problems with his supervisors began as early as 2012. At that time, he visited with Drazenovich to inquire about his chances for obtaining a promotion to the GS-14 level. After hearing his question, Drazenovich slammed the door in Plaintiff’s face. Id., ¶¶ 16–17. On a separate occasion, Tadesse derisively asked Routier whether he, a born-again Christian, engaged in the practice of voodoo. Id., ¶ 16-2. According to Plaintiff, “Voodoo is a syncretic religion practiced chiefly in Haiti and the Haitian diaspora,” where Tadesse knew that Routier had been born and raised. Id., ¶¶ 17-2–18. At other times, Drazenovich and Tadesse referred to Plaintiff and other employees as “old” and indicated that they needed “fresh blood” in the office. Id., ¶ 19. In July 2013, Tadesse told Plaintiff he was frustrated with reviewing his work because of the amount of time it took. Id., ¶ 24. Later that year, Tadesse met with Routier to discuss his yearly performance and ended up telling Plaintiff that he was not ready to be promoted to the GS-14 level because his work ...

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