Facts

Plaintiff Kimberly Freeman, an African American, was a Federal Careers Intern Program service representative, GS 0962-07, for the Social Security Administration (SSA). Her employment began September 2003. She was terminated in July 2004.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was terminated due to her race and her association with other African Americans who had filed EEO complaints (discrimination complaints). Ms. Freeman's mid-year performance review was positive, but subsequently interpreted in an unduly harsh fashion compared to the treatment of comparable employees who are not members of the protected group (African American).

The plaintiff claimed as follows: 1) The SSA Fresno District Office segregated African American employees into a "corner" of the office. 2) Plaintiff was told by SSA District Manager Paula Singer not to associate with the "negative people in the corner," who were all African Americans, on her first day of work on Sept. 15, 2003. 3) After three of the other African Americans in the office filed EEO complaints in May 2004, plaintiff was fired in July 2004. 4) Except for the mere mention of "excessive socializing" in the January 2004 mid-year evaluation, defendant had no valid documented criticism of her work. Prior to July 9, 2004, defendant took no disciplinary action against Ms. Freeman and did not tell her of any specific problems which needed to be corrected or improved. There were no instances in which Ms. Freeman did not show up for some duty that she was assigned, nor was she observed on the phone involved in a personal conversation during working time. 5) Sandra Knox, complainant's mentor, stated in her EEO affidavit that "my observation of [Plaintiff Freeman] in the office was that she was efficient, and her work was timely. She had good accuracy, and she always asked for direction for something she felt was not clear to her." She was never interviewed by the EEO investigator.

DEFENDANT'S CONTENTIONS:
The defendant denied plaintiff's allegations and contended plaintiff was terminated due to legitimate business reasons.

Settlement Discussions

Plaintiff's demand of $120,000 was rejected. Defendant did not counter offer until ordered to appear at a second settlement conference before Magistrate Judge James on Nov. 18, 2008. They offered $10,000, which was rejected by plaintiff.

Injuries

According to plaintiff's counsel, plaintiff lost wages, suffered humiliation, abdominal pain with diarrhea, stress, tearfulness, feelings of sadness and gloom, insomnia, loss of appetite and was prescribed medication to treat the diarrhea and insomnia.

Result

The jury returned a defense verdict.

Other Information

According to plaintiff's counsel: jurors were instructed not to consider the negative treatment of other African Americans in the office in determining whether plaintiff's race was a factor in her termination. Furthermore, defendant filed 5 motions in limine, which were granted by Judge White: 1) excluding references to the fact that Director Paula Singer instructed plaintiff that she was not to talk to the "negative people" in the corner on her first day of employment, 2) excluding references to the EEO complaints filed by co-workers, 3) excluding references to failure to accommodate an African American coworker, 4) evidence tampering, by changing the affidavit in the EEO Investigation and wiping the hard drive of the manager who signed the decision to terminate, and 5) excluding references to evidence destruction, to wit, plaintiff's supervisor Vicky Curry testified at her deposition that she was told by Paula Singer to destroy all documents regarding Kimberly Freeman. [Ms. Norman, AFGE Union President sent a preservation letter requesting that the information be maintained. See Email to Paula Singer from Sylvia Norman re: Freeman: Response to Information Request, dated July 30, 2004.] Ms. Freeman requested EEO counseling on July 12, 2004 regarding her claims of race/color discrimination, reprisal (association with African American/Black employees who filed EEO complaints), and non-sexual harassment/hostile work environment. She filed a timely formal EEO complaint on January 14, 2005. Plaintiff filed a notice of appeal on April 7, 2009.