UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KIMBERLY SELLERS, Plaintiff, v. Civ. Action No: 17-2205 (EGS) KIRSTJEN NIELSEN, Secretary, Department of Homeland Security, Defendant. MEMORANDUM OPINION Kimberly Sellers has worked for the Department of Homeland Security (“DHS”), Immigration and Custom Enforcement (“ICE”) for over 30 years. She alleges that DHS has subjected her to several types of discrimination and harassment on the basis of her gender and care-taker status beginning in October 2013 after she took leave in connection with the adoption of her daughter. Two broad categories of discriminatory actions are alleged in Ms. Sellers’ complaint: (1) DHS’s gradual removal of Ms. Seller’s substantive responsibilities with the purpose of putting her in a marginal role; and (2) DHS’s denial of several promotions and other career-advancement opportunities from 2014 to 2017. As a result of these, and several other alleged acts, Ms. Sellers brings this action against Kirstjen Nielsen, in her official capacity as Secretary of DHS (“Defendant or DHS”), alleging discrimination on the basis of her gender and caregiver status, retaliation, and hostile work environment, all in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-2 et seq. Pending before the Court is defendant’s motion for partial judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). Upon consideration of the motion, the opposition and the reply thereto, the applicable law, the entire record, and for the reasons stated below, the Court will GRANT IN PART and DENY IN PART defendant's motion. I. Background The facts set forth in this Memorandum Opinion reflect the allegations in plaintiff’s complaint, which the Court assumes are true for the purposes of this motion and liberally construes in the plaintiff’s favor. See Kowal v. MCI Commc'ns Corp., 16 F.3d 1271, 1276 (D.C. Cir. 1994). A. Factual Background 1. Pre-EEO Investigation Discriminatory Acts Ms. Sellers is employed by Homeland Security Investigations (“HSI”), an office within ICE, which is a component of DHS. See Compl., ECF No. 1 at ¶¶ 1, 6. 1 Beginning in 2008, HSI assigned 1 When citing electronic filings throughout this Memorandum Opinion, the Court cites to the ECF header page number, not the original page number of the filed document. 2 Ms. Sellers to the Department of State (“DOS”) as a Liaison to the Bureau of International Narcotics and Law Enforcement Affairs (“INL”). Id. ¶ 15. While serving as a Liaison in 2013, Ms. Sellers took leave under the Family and Medical Leave Act (“FMLA”) in connection with the adoption of her child. Id. ¶ 23. Although Ms. Sellers was on leave, she continued to receive emails and calls from her supervisors, requesting that she complete various tasks. Id. ¶¶ 24—25. She reminded her colleagues that she was on FMLA leave and caring for her adopted daughter, but nonetheless completed the tasks when others could not because she was expected to do so. Id. ¶ 25. At the conclusion of Ms. Sellers’ leave on October 1, 2013, she ...
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