United States District Court, D. Massachusetts
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR
DENNIS SAYLOR IV UNITED STATES DISTRICT JUDGE.
Arthur Seymore has brought suit against his former employer,
defendant Jeh Charles Johnson, Secretary of the Department of
Homeland Security. In substance, Seymore contends that
defendant retaliated against him for bringing an Equal
Employment Opportunity complaint concerning alleged unpaid
overtime and discrimination on the basis of race.
has moved for summary judgment. For the following reasons,
the motion will be granted in part and denied in part.
following facts are undisputed.
Arthur Seymore is an African-American man and a former
employee of the Transportation Security Administration
(“TSA”). (Def. SMF ¶ 1). Defendant Jeh
Charles Johnson is the Secretary of the Department of
Homeland Security. The TSA is an agency within the Department
of Homeland Security.
January 2010, the TSA hired Seymore as a part-time
transportation security officer at the Provincetown Municipal
Airport in Massachusetts. (Dow Decl. ¶ 5). In the fall
of 2012, Seymore was transferred from the Provincetown
Airport to the Logan International Airport in Boston,
Massachusetts, and had his status changed from part-time to
full-time. (Def. SMF ¶ 6).
November 2012, Seymore contacted an Equal Employment
Opportunity counselor concerning allegedly unpaid overtime.
(Compl., Ex. 13). In January 2013, he filed a formal
complaint with the Department of Homeland Security alleging
that TSA employees at the Provincetown Airport discriminated
against him on the basis of race. (Id.).
September 29, 2013, while Seymore's allegations were
pending, Transportation Security Manager Jenifer Wainscott
called Seymore into her office to discuss his use of sick
leave, which she considered inappropriate. (Def. SMF ¶
9). Thereafter, on October 6, 2013, Wainscott placed Seymore
on a leave restriction.
leave restriction was detailed in a memorandum. (Def. SMF
¶ 10). Under the terms of the memorandum, Seymore was
required to request scheduled leave at least seven days in
advance, request emergency leave at least an hour before his
scheduled report time, and, under some circumstances, provide
supporting documentation for his absences. (Dow Decl., Ex.
6). It further provided that “Your work hours are 1215
to 2045. These include a 30-minute lunch break. You are
expected to be at work and be ready to begin working at 1145
every day . . .” (Id. ¶ 5). The
memorandum stated that the restriction would either be
reviewed within 180 days or it would lapse. (Id. at
April 21, 2014, Seymore sent an e-mail to TSA Federal
Security Director David Kane informing him that he had
“been on [leave restriction] reporting to work 30
minutes early without pay since 10/6/2013” and
requesting that the restriction be removed. (Balakrishna
Decl., Ex. 3). On April 26, 2014, another TSA employee, Rob
Snyder, sent Seymore an e-mail informing him that the leave
restriction had expired on April 4, 2014, 180 days after it
was issued. (Id.). On May 7, 2014, Kane sent Seymore
another e-mail, which stated that after an investigation, he
determined that the leave restriction “contained a
typographical error that directed you to begin working at
1145 everyday rather than your regularly scheduled start time
of 1215. I apologize for this mistake.” (Id.).
Kane requested that Seymore provide an accounting of the days
on which he arrived early in order to compensate him for that
time. (Id.). Seymore did not provide such an
accounting and was not compensated for any extra time. (Def.
SMF ¶ 24).
filed this lawsuit on May 30, 2014, alleging seven counts
arising under state and federal law. On March 26, 2015,
defendant moved to dismiss the complaint for failure to state
a claim upon which relief can be granted. The Court granted
that motion with respect to Counts One, Three, Six, and
Seven, and otherwise denied it. The remaining counts allege
claims for retaliation in ...