Full opinion text
MEMORANDUM OPINION KOLLAR-KOTELLY, District Judge. Pending before the Court is Defendants’ Motion for Summary Judgment. Plaintiffs Complaint and First Amended Complaint include claims pursuant to both 42 U.S.C. § 1981 and the District of Columbia Human Rights Act, D.C.Code §§ 2-1401 et seq. (“DCHRA”), alleging that Defendant, the Center for Nonprofit Advancement (“CNA”), discriminated against Plaintiff on the basis of “racial, ethnic, and national origin considerations,” First Am. Compl. (hereinafter “Am. Compl.”) ¶¶ 73-78; Compl. ¶¶ 31-35, and that CNA retaliated against Plaintiff because “she was engaged in statutorily protected expression concerning the vindication of her civil rights,” Am. Compl. ¶¶ 68-72; Compl. ¶¶ 41-44. In addition to these claims, Plaintiffs Complaint includes claims for Sexual Orientation/Preference discrimination under the DCHRA (Count II), Constructive Discharge (Count IV), Negligent Infliction of Emotional Distress (Count V), and Negligent Supervision (Count VI); however, Plaintiff has not opposed Defendant’s Motion for Summary Judgment as to these Counts, and the Court shall therefore dismiss them as abandoned. Defendant has moved for summary judgment as to all Counts included in Plaintiffs Complaint and First Amended Complaint. Upon a searching consideration of the filings currently before the Court, the attached exhibits, the relevant case law, and the entire record herein, the Court shall grant Defendant’s Motion for Summary Judgment in its entirety. I: BACKGROUND The Court begins its discussion of. the facts by noting that this Court strictly adheres to the text of Local Civil Rule 56.1 (identical to Local Civil Rule 7(h) (formerly Rule 7.1(h))). The local rules for summary judgment “assistf ] the district court to maintain docket control and to decide motions for summary judgment efficiently and effectively.” Jackson v. Finnegan, Henderson, Farabow, Garrett & Dunner, 101 F.3d 145, 150 (D.C.Cir.1996). “Requiring strict compliance with the local rule is justified both by the nature of summary judgment and by the rule’s purposes .... The procedure contemplated by the rule thus isolates the facts that the parties assert are material, distinguishes disputed from undisputed facts, and identifies the pertinent parts of the record.” Id. (quoting Gardels v. CIA, 637 F.2d 770, 773 (D.C.Cir.1980)). “[A] district court should not be obliged to sift through hundreds of pages of depositions, affidavits, and interrogatories in order to make [its] own analysis and determination of what may, or may not, be a genuine issue of material fact.” Id. (quoting Twist v. Meese, 854 F.2d 1421, 1425 (D.C.Cir.1988)). The Court further notes that Plaintiff has already been given an extra chance to comply with Local Civil Rule 56.1. On January 30, 2007, the Court found that Plaintiffs original “Statement of Material Facts” failed to comply with Local Civil Rules 7(h) and 56.1, and with this Court’s May 4, 2006 Order, which advised Plaintiff that “[t]he Court strictly adheres to the dictates of Local Civil Rules 7(h) and 56.1 and may strike pleadings not in conformity with these rules.” Valles-Hall v. Cent for Nonprofit Advancement, Civil Action No. 06-806, Order (D.D.C. May 4, 2006) (citing Burke v. Gould, 286 F.3d 513, 519 (D.C.Cir.2002)); Valles-Hall, Order (D.D.C. Jan. 30, 2007). Advising Plaintiff that the purpose of Rule 56.1 is to “place the burden on the parties and their counsel, who are most familiar with the litigation and the record, to crystallize for the district court the material facts and relevant portions of the record,” Jackson, 101 F.3d at 151, the Court struck Plaintiffs Opposition in its entirety and, in the interest of justice, gave Plaintiff another opportunity to file a Statement of Material Facts in Dispute/Not in Dispute that complied fully with Local Civil Rules 7(h) and 56.1. Despite the Court’s clear admonition regarding the requirements of Local Civil Rules 7(h) and 56.1, Plaintiffs more recent Genuine Statement of Material Facts in Dispute (“Plaintiffs Statement”) still fails to comply with Local Civil Rules 7(h) and 56.1. As Defendant points out in its Supplemental Reply, the numbered paragraphs in Plaintiffs Statement bear no relationship at all to the numbered paragraphs in Defendant’s Statement of Material Facts Not in Dispute (hereinafter “Defendant’s Statement”). As a result, it is extremely difficult for the Court to parse from Plaintiffs Statement those specific facts that Plaintiff considers in dispute. See Gibson v. Office of the Architect of the Capitol, Civ. No. 00-2424(CKK), 2002 WL 32713321, at *1 n. 1 (D.D.C. Nov. 19, 2002), aff'd No. 05-5031, 2003 WL 21538073 (D.C.Cir. July 2, 2003). In addition, as Defendant also notes, Plaintiff fails to cite specific record support for a number of assertions included in her Statement, even though Defendant’s initial Reply Memorandum highlighted this shortcoming. Def.’s Supp. Reply at 2-3. Indeed, Plaintiff repeatedly cites portions of her deposition transcript in support of her assertions, but fails to actually provide the Court with the particular pages to which she cites. Plaintiff did not correct these omissions in her revised Opposition and Statement, and as a result, the Court is unable to determine whether she has simply incorrectly cited her deposition or whether she instead lacks factual support for her assertions. Nevertheless, as Plaintiff has already been given an opportunity to revise her Opposition and Statement, the Court has decided not to correct Plaintiffs errors for her by soliciting additional record evidence that Plaintiff has failed to provide. Finally, the Court notes that Plaintiffs failure to comply with Local Civil Rule 56.1 has significantly prejudiced Defendant, who has been required to file additional memoranda in response to Plaintiffs filings, and who has faced the unnecessarily difficult task of meaningfully responding to Plaintiffs improper filings. Pursuant to Local Civil Rule 56.1, in resolving the present summary judgment motion, this Court “assumes that facts identified by the moving party in the statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion.” LCvR 56.1; 7(h). In accordance with this Rule, the Court has treated as admitted all facts alleged by Defendant in its Statement and not specifically contradicted by Plaintiff in her Statement. The Court has also considered the facts adduced by Plaintiff in her Statement, to the extent that they are supported by record evidence, and cites directly to the record, where appropriate, to provide additional information not covered in either of the parties’ statements. A. The Parties Plaintiff, Arminda Valles-Hall, identifies herself as a heterosexual Mexican-American woman, and describes her racial identity as either Latino or Hispanic. See Pl.’s Stmt. ¶ 1; Compl. ¶¶ 3, 33 In March 2003, Plaintiff applied for the position of Director of Education at Defendant the Center for Nonprofit Advancement (“CNA”). Def.’s Stmt. ¶ 12; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 51:8-20. Plaintiff was interviewed by CNA’s Executive Director, Betsy Johnson, who was solely responsible for the decision to offer Plaintiff the position with a starting salary of $52,000 per year. Def.’s Stmt. ¶¶ 5, 13; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 51:8-52:15; Def.’s Ex. 2 (4/2/03 Offer Letter from Johnson to Valles-Hall). Plaintiff accepted Ms. Johnson’s offer and began working at CNA on April 21, 2003. Def.’s Stmt. ¶ 14; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 4L7-10. Plaintiff was an at-will employee of CNA from April 21, 2003 to February 14, 2005. Def.’s Stmt. ¶ 14; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 41:11-16. CNA is a tax-exempt, District of Columbia nonprofit corporation headquartered in the District of Columbia. Def.’s Stmt. ¶ 1; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 11:6-11. CNA was founded in 1979 and serves the nonprofit community in the Washington, DC metropolitan area through education, advocacy, nonprofit community building and group purchasing. Def.’s Stmt. ¶ 2; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 11:11-12:9. CNA is governed by a Board of Directors, which is chaired by its President. At all times relevant to this matter, Mary Ann de Barbieri served as President of CNA. Def.’s Stmt. ¶ 4; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 20:109-22:11. CNA’s paid staff is headed by Ms. Johnson, who has served as CNA’s Executive Director since 1988. Def.’s Stmt. ¶ 5; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 12:12-14:1. CNA has a Personnel Handbook, which each employee is required to read, and acknowledge having read, upon being hired. Def.’s Stmt. ¶¶ 6, 8; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 55:8-14; Def.’s Ex. 4 (WCA Personnel Handbook); Def.’s Ex. 5 (4/28/03 Valles-Hall Handbook Acknowledgment Form); Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 77:16-78:16. In addition to containing provisions relating to equal employment and non-discrimination, use of compensatory time, sick leave, workplace behavior, and discipline, the Personnel Handbook notes that specific types of misconduct may lead to corrective action or dismissal. Def.’s Stmt. ¶¶ 6-7; Def.’s Ex. 4 (WCA Personnel Handbook). These include “[cjonduct, including speech ... that is abusive to or disrespectful of [CNAj’s directors [or] employees ...;” “[f]ailure to conduct yourself in a professional and cooperative manner while carrying out your duties;” and “[n]egleet of duty.” Id. Just prior to Plaintiffs resignation in February 2005, the CNA Board had 13 directors — six African-Americans, six whites, and one Latino — and CNA had a staff of 13 people — six African-Americans, six whites, and one Latina. Def.’s Stmt. ¶¶ 56-57; Def.’s Ex. 26 (4/11/06 Johnson Supp. Aff.) ¶¶ 18-19. Although Plaintiff asserts that CNA’s “management staff at the time of her hiring was predominantly white and gay,” Pl.’s Stmt. ¶4, she does not provide record support for this statement, or indicate whom she considers included in the term “management staff.” B. Plaintiff’s Performance as Director of Education Through Her June 2003 Evaluation CNA, acting through Johnson, evaluates employees and considers salary increases annually, in late June or early July. Def.’s Stmt. ¶ 9; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 31:12-32:3. CNA’s evaluation form rates employees on 13 criteria, using a 5-point scale, where “1” is unsatisfactory, “2” is marginal, “3” is satisfactory, “4” is above average, and “5” is outstanding. Def.’s Stmt. ¶ 9; Pl.’s Stmt. ¶ 3; Def.’s Ex. 6 (6/26/03 Valles-Hall Personnel Review Form, introduced as Ex. 8 at 1/4/06 Valles-Hall Dep.). Johnson normally does not do a formal evaluation for employees who have worked at CNA for fewer than six months; however, at Plaintiffs request, Johnson agreed to evaluate Plaintiff during CNA’s June/ July 2003 evaluation cycle, despite the fact that Plaintiff had been at CNA for only two months. Def.’s Stmt. ¶ 18; Def.’s Ex. 26 (4/11/06 Johnson Supp. Aff.) ¶ 7. In Plaintiffs June 2003 evaluation, she received a “5” on the eight criteria on which she was evaluated — “Attitude,” “Initiative,” “Open Mindedness,” “Inter-personal Communication,” “Self Confidence,” “Assertiveness,” “Work Habits,” and “Quality/Quantity.” Def.’s Ex. 6 (6/26/03 Valles-Hall Personnel Review Form). Johnson did not evaluate Plaintiff on the other five criteria listed on the evaluation form because they were inapplicable to Plaintiff. Defi’s Stmt. ¶ 19; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 61:4-18. The CNA Board of Directors approves a ceiling for awarding raises to employees coincident with their annual performance evaluations; however, Johnson determines the amount of individual raises. Def.’s Stmt. ¶ 10; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 9:7-10:7. Coincident with Plaintiffs June 2003 evaluation, Johnson raised Plaintiffs salary by $8,000 from $52,000 to $60,000 per year, making Plaintiff the third highest paid employee at CNA. Def.’s Stmt. ¶ 20; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 60:8-21; Def.’s Ex. 6 (6/26/03 Valles-Hall Personnel Review Form); Def.’s Ex. 26 (4/11/06 Johnson Supp. Aff.) ¶ 8. Plaintiff admitted in her deposition that she does not know how other CNA employees were evaluated in 2003, and that she does not know whether or the extent to which they received raises. Def.’s Stmt. ¶ 21; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 62:4-63:3. However, Johnson avers that in June 2003, she gave a white female CNA employee who worked in a management position comparable to Plaintiffs an overall rating of “2” (marginal) and no raise, based primarily on a history of verbal abuse towards other staff. Def.’s Stmt. ¶ 22; Def.’s Ex. 26 (4/11/06 Johnson Supp. Aff.) ¶ 9. C. Plaintiff’s Performance Between June 2003 and June 200k Plaintiff asserts that “up to and including” the date of her June 2003 performance evaluation, she “had not had any adverse interaction with any of Defendant’s employees.” Pl.’s Stmt. ¶ 6 (citing Pl.’s Ex. C (6/26/03 Valles-Hall Personnel Review Form)). However, according to Plaintiff, during late 2003 and early 2004, “her close association with [CNA’s female, African-American Director of Public Policy and Advocacy, Lisa Ransom] made her the subject of increased bias on the part of Johnson.” Pl.’s Stmt. ¶ 12; Pl.’s Ex. A (1/4/06 Valles-Hall Dep.) at 82:15 — 21. Plaintiff further asserts that in April 2004, she complained to Tim Kime, Vice-Chairman of the CNA Board of Directors, that Ransom “was being treated in a discriminatory way and that [Plaintiff] was in the cross-hairs of that,” citing as evidence of Johnson’s alleged bias her decision to strip Plaintiff of her responsibilities regarding a CNA program known as the Washington Post Award for Excellence in Nonprofit Management (the “Post Award”), discussed in greater detail below. Pl.’s Stmt. ¶ 13; Pl.’s Ex. A (1/4/06 Valles-Hall Dep.) at 82:22-84:22. However, Plaintiff does not dispute CNA’s assertion that “Johnson ... did not know about [Plaintiffs conversations with Mr. Kime] prior to this litigation.” Def.’s Reply at 8 (citing Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 22:16-21). As such, even if Plaintiff in fact complained to Mr. Kime during April 2004 regarding a perceived bias on the part of Johnson, it is uncontroverted that Johnson was unaware of such complaints at the time. Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 22:16-21. For its part, CNA points to a number of incidents of which Johnson became aware prior to Plaintiffs next performance evaluation in July 2004. These include: 1. Compensatory Time During the fall of 2003, Plaintiff assigned herself compensatory time without approval from Johnson, in violation of CNA’s Personnel Handbook. Def.’s Stmt. ¶ 23a; Def.’s Ex. 24 (Def.’s Ans. to Interrogs. # 18(a)). Plaintiff does not deny misusing compensatory time, but rather asserts that her “alleged misuse of compensatory time” was “neither intentional nor a problem prior to the initiation of this lawsuit.” Pl.’s Stmt. ¶ 38. Plaintiff also disputes CNA’s assertion that Johnson counseled her about the matter. Id. ¶ 39. 2. Mendoza Complaint In October 2003, CNA’s Office Manager, Barbara Mendoza, left a message for Plaintiff regarding the security of the CNA conference room. Def.’s Stmt. ¶ 23b; Def.’s Ex. 28 (3/20/06 Mendoza Dep.) at 52:2-53:12. CNA asserts that Plaintiff criticized Mendoza for leaving the message, calling Mendoza “unprofessional.” Def.’s Stmt. ¶ 23b; Def.’s Ex. 28 (3/20/06 Mendoza Dep.) at 53:13-55:8. During her deposition in this matter, Mendoza testified that Plaintiff called her unprofessional, Def.’s Ex. 28 (3/20/06 Mendoza Dep.) at 53:13-55:8; however, Plaintiff denies calling Mendoza unprofessional, Pl.’s Stmt. ¶ 33; Pl.’s Ex. A (1/4/06. Valles-Hall Dep.) at 122:7-13. As a result, a factual dispute exists as to whether Plaintiff, in fact, called Mendoza unprofessional. Nevertheless, during her deposition Mendoza testified that she reported the interaction to Johnson, including telling Johnson that Plaintiff had called Mendoza unprofessional. Def.’s Stmt. ¶ 23b; Def.’s Ex. 28 (3/20/06 Mendoza Dep.) at 55:9-56:22; 75:2-9. Likewise, Johnson testified during her deposition that Mendoza reported to her that Plaintiff called Mendoza unprofessional. Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 133:6-21. As such, while Plaintiff disputes calling Mendoza unprofessional, she cannot controvert the evidence that Mendoza reported as much to Johnson. Plaintiff further asserts that the Mendoza incident is insignificant because “Johnson, after discussing the alleged incident with Mendoza, said that she did not think it ... was a problem.” Pl.’s Stmt. ¶ 35 (citing Pl.’s Ex. F (1/12/06 Johnson Dep. at 136)). Plaintiff accurately reports Johnson’s deposition testimony, but fails to note that in her deposition, Johnson continued to explain that the Mendoza incident was the first involving Plaintiff to come to Johnson’s attention, and that Johnson eventually came to consider the Mendoza incident problematic “[a]fter there were a series of complaints.” Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 135:19-137:6. As such, Plaintiffs attempt to downplay the Mendoza incident does not undercut the evidence that Mendoza reported to Johnson that Plaintiff called Mendoza unprofessional. S. Workshop Funds In January 2004, Plaintiff was responsible for collecting fees charged by CNA for a workshop, and for turning the fees over to CNA’s bookkeeper for deposit. Def.’s Stmt. ¶ 23e; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 107:21-109:9. In February, during a routine audit of CNA’s finances, Plaintiff was found to have receipts from the workshop still in her possession and to have borrowed cash from the receipts to purchase lunch. Id. As a result, CNA received a “management letter” from its auditor criticizing CNA for poor handling of funds. Id. Plaintiff does not dispute these facts, but asserts that, like her misuse of compensatory time, her “withholding of corporate funds was neither intentional nor a problem prior to the initiation of this lawsuit.” Pl.’s Stmt. ¶ 38 (citing Pl.’s Ex. A (1/4/06 Valles-Hall Dep.) at 108). Plaintiffs attempt to downplay the incident, however, raises no factual issue as to whether Plaintiff improperly retained CNA funds and used them for personal purposes. Ip. Kost Conference Room Incident In February 2004, Plaintiff had a disagreement with Kost about the use of CNA’s conference room, after which Plaintiff claimed Kost was disrespectful towards her and demanded that he apologize. Def.’s Stmt. ¶23f; Def.’s Ex. 25 (1/12/06 Kost Dep.) at 12:8-15:22; Pl.’s Stmt. ¶ 23. Plaintiff claims that “Kost testified that he never met with Johnson, nor did he communicate via e-mail or telephone with her to specifically complaint about [Plaintiff].” Pl.’s Stmt. ¶ 24 (citing Pl.’s Ex. G (2/23/06 Kost Dep.) at 26-27). However, Plaintiffs assertion obscures the fact that while Kost testified that he did not speak with Johnson specifically to complain about Plaintiff, he also testified that he reported the conference room incident to Johnson and that he considered Plaintiffs behavior confrontational. Def.’s Ex. 25 (1/12/06 Kost Dep.) at 20:10-15; Pl.’s Ex. G (2/23/06 Kost Dep.) at 14:21-16:10; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 109:18-23; 112:10-18. Johnson investigated the incident involving Plaintiff and Kost, “but could find no evidence that [Kost] had been disrespectful,” finding instead that “[Plaintiff] had been inflexible in her position and unnecessarily confrontational.” Def.’s Stmt. ¶ 23f; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 126:2-7. Although Plaintiff takes issue with “Johnson’s alleged inquiry into the matter,” Pl.’s Stmt. ¶ 26, neither Plaintiffs justifications of her behavior nor her dissatisfaction with Johnson’s inquiry into the incident raises a factual question as to whether the incident actually occurred and was reported to Johnson by Kost. 5. Baird Incident In February 2004, CNA employee Jeremy Baird questioned an African-American visitor, who was unaccompanied in CNA’s office, concerning her presence at CNA. Def.’s Stmt. ¶ 23g; Def.’s Ex. 30 (4/5/06 Baird Dep.) at 16:16-17:21; 45:17-47:20. Plaintiff does not dispute that she did not witness the incident, but nevertheless encouraged the visitor to make a written complaint. Def.’s Stmt. ¶ 23g; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 224:8-12. CNA does not indicate that Johnson relied on the Baird incident in conducting Plaintiffs July 2004 evaluation and any dispute regarding the facts of the incident are therefore immaterial. Def.’s Mot. for Summ. J. at 21-22. However, Plaintiff maintains that, in connection with her July 2004 evaluation, Johnson told Plaintiff that Baird had complained about Plaintiffs involvement in the incident, and that Johnson has since “recanted and changed her story about Baird’s negative comments, saying that Baird never complained about [Plaintiff].” Pl.’s Stmt. ¶25 (citing Pl.’s Ex. A (1/4/06 Valles-Hall Dep.) at 118:21-122:6). Indeed, Plaintiff asserts, “Baird testified that he never complained to anyone about [Plaintiff].” Pl.’s Stmt. ¶ 25 (citing Pl.’s Ex. I (4/5/06 Baird Dep.) at 15:12-14). While Johnson did testify at her deposition that Baird did not complain to her electronically about Plaintiff, Plaintiff provides no evidence that Johnson altogether denied receiving a complaint from Baird, rather than that Johnson was aware of the incident. Pl.’s Ex. F (1/12/06 Johnson Dep.) at 108:23-109:5. Moreover, Plaintiffs detailed notes of the meeting during which she alleges Johnson told her that Baird complained about her do not substantiate Plaintiffs claim. See Def.’s Ex. 18 (Pl.’s Notes of 8/6/04 meeting with Johnson). Instead, Plaintiffs notes indicate that Johnson discussed the incident with Plaintiff, telling Plaintiff that she believed Plaintiff had “offended” Baird, see id. at 4, that Johnson believed Plaintiff had inappropriately insinuated that Baird treated the African-American visitor poorly, and that Johnson believed Plaintiff had not made any attempt to diffuse the situation, id. at 6-7. Plaintiffs assertion that Johnson told Plaintiff that Baird complained about her, and that Johnson has since “recanted and changed her story about Baird’s negative comments,” Pl.’s Stmt. ¶ 25, is thus unsupported by anything other than Plaintiffs own testimony to that effect. 6. Sanow Incident Among other things, CNA ran a program known as the Washington Post Award for Excellence in Nonprofit Management (the “Post Award”), which was created and managed by CNA employee Susan Sanow for ten years. Def.’s Stmt. ¶ 23c; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 63:12-64:11. Sanow resigned from CNA in November 2003, and upon Sanow’s resignation, Johnson assigned management of the Post Award to Plaintiff. Def.’s Stmt. ¶ 23c; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 66:12-18. Sanow continued, however, to serve as a consultant on the Post Award. Def.’s Stmt. ¶ 23h; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 66:22-67:4; Pl.’s Stmt. ¶ 28. In March 2004, Sanow sent Plaintiff an e-mail in which she raised concerns regarding the late delivery of applicant materials and inconsistencies within the materials, reminded Plaintiff of upcoming critical deadlines, and offered Plaintiff help if necessary. Def.’s Stmt. ¶ 23h; Def.’s Ex. 7 (3/23/04 e-mail from Sanow to Valles-Hall). At the end of her e-mail, Sanow stated, “I know this e-mail is a bit negative, but I ask these questions out of concern and commitment to this program” Def.’s Ex. 7 (3/23/04 e-mail from Sanow to Valles-Hall). Plaintiff responded to Sanow’s e-mail with her own e-mail, stating “Yes, the tone is negative and unnecessarily so.” Def.’s Ex. 8 (3/24/04 e-mail from Valles-Hall to Sanow). Johnson was copied on both Sa-now’s initial e-mail and Plaintiffs response e-mail. Def.’s Ex. 7 (3/23/04 e-mail from Sanow to Valles-Hall) and Ex. 8 (3/24/04 email from Valles-Hall to Sanow). Plaintiff attempts to downplay this interaction by contrasting Johnson’s deposition testimony that she found Plaintiffs use of the words “and unnecessarily so” to be “angry and defensive,” Pl.’s Stmt. ¶ 31 (citing Pl.’s Ex. F (1/12/06 Johnson Dep.) at 205:2-207:12), with Sanow’s deposition testimony that she was not offended by Plaintiffs response e-mail, Id. ¶ 30 (citing Pl.’s Ex. J (2/28/06 Sanow Dep.) at 34:21-35:4). Whether or not Sanow was “offended” by Plaintiffs e-mail, however, does not undercut Sanow’s testimony that she reported the interaction to Johnson because “in addition to this e-mail, [she] also received a phone call from [Plaintiff] berating me and [she] felt the double whammy of phone call and e-mail was uncalled for.” Pl.’s Ex. J (2/28/06 Sanow Dep.) at 35:10-16. 7. Plaintiff’s Post Award Com/plaint In April 2004, Sanow’s employer offered to allow Sanow to manage the Post Award without cost to CNA. Def.’s Stmt. ¶ 23i; Def.’s Ex. 29 (2/28/06 Sanow Dep.) at 40:21-41:1. CNA asserts that Johnson accepted the offer because it amounted to a substantial gift in kind, because Sanow was very experienced in managing the Post Award, and because Johnson was not satisfied with Plaintiffs management of the Post Award to that point. Def.’s Stmt. ¶ 23i; Pl.’s Ex. F (1/12/06 Johnson Dep.) at 165:6-21. Plaintiff complained to Johnson about the decision to strip Plaintiff of responsibility for managing the Post Award, and sent Johnson a memo detailing her concerns with the manner in which the Post Award management issue was handled. Def.’s Stmt. ¶ 23i, Def.’s Ex. 9 (5/11/04 memo from Valles-Hall to Johnson re: Issues of Concern & Discussion). Johnson testified in her deposition that when she tried to explain the Post Award management decision to Plaintiff, Plaintiff accused Johnson of “intentionally being disrespectful or thoughtless ... I had the distinct impression that she thought I had intentionally ruined her reputation.” Pl.’s Ex. F (1/12/06 Johnson Dep.) at 136:19-137:6. Johnson further testified that this conversation was the first time that Plaintiff spoke to her in a disrespectful manner. Id. at 137:9-11. Plaintiff does not dispute CNA’s account of these events, but rather argues that CNA’s assertion that Plaintiff “was incompetent in her handling of the Washington Post Award [is] ... unsubstantiated,” because Sanow testified that she continued to maintain confidence in Plaintiffs ability to manage the award. Pl.’s Opp’n at 21 (citing Sanow Dep. at 42-43). Sanow testimony that she maintained confidence in Plaintiffs ability to run the Post Award, however, is entirely irrelevant to whether Johnson made a legitimate business decision regarding management of the Post Award. D. Plaintiff’s July 200k Evaluation and Subsequent Complaints 1. Plaintiffs July 200k Evaluation Johnson’s annual evaluation of Plaintiff took place over the course of two days, July 7 and July 8, 2004. Def.’s Ex. 11 (7/7/04 Valles-Hall Personnel Review Form); Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 110:2-21. Johnson gave Plaintiff a “5” (outstanding) on five of 13 criteria (“Self Confidence;” “Job-Knowledge;” “Quality/Quantity;” “Decision Making;” and “Motivating”); a “4” (above average) on three criteria (“Initiative;” “Planning;” and “Leadership”); and a “3” (satisfactory) on five criteria (“Attitude;” “Open Mindedness;” “Interpersonal Communication;” “Assertiveness;” and “Work Habits”). Def.’s Stmt. ¶ 26; Pl.’s Stmt. ¶ 14; Def.’s Ex. 11 (7/7/04 Valles-Hall Personnel Review Form). Johnson included a number of handwritten comments on Plaintiffs Personnel Review Form, including “responds with inflammatory remarks;” “needs work on staff;” “in conflicts in the office; reactions need work;” and “you need to work harder at solving problems with colleagues and refrain from telling them your judgement of them.” Pl.’s Stmt. ¶ 14; Def.’s Ex. 11 (7/7/04 Valles-Hall Personnel Review Form). Coincident with Plaintiffs July 2004 evaluation, Johnson raised Plaintiffs salary from $60,000 per year to $61,800 per year, a 3% increase. Def.’s Stmt. ¶ 27; Def.’s Ex. 11 (7/7/04 Valles-Hall Personnel Review Form). At that salary, Plaintiff continued to be the third highest paid CNA employee, after Johnson and Kost. Def.’s Stmt. ¶27; Def.’s Ex. 26 (4/11/06 Johnson Supp. Aff.) ¶ 11. Plaintiff asserts that “[bjased upon Defendant’s negative evaluation, Johnson gave Plaintiff a 3% [sic] rather than the higher percentage paid to all other management staff.” Pl.’s Stmt. ¶ 15. Plaintiff provides no support for her suggestion that other CNA management received larger raises, and indeed, during her deposition, admitted that she does not know how other CNA employees were evaluated in 2004 and whether or the extent to which they received raises. Def.’s Stmt. ¶ 35; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 31:19-32:13; 129:21-130:3. 2. August 6, 200k Meeting Between Plaintiff and Johnson Plaintiff was unhappy with her July 2004 evaluation, “attributed the negative characterizations about her ... to her involvement and association with Ransom and requested a meeting with Johnson to discuss her concerns.” Pl.’s Stmt. ¶ 17; Def.’s Ex. 1 (2/16/06 Valles-Hall Dep.) at 254:8-256:6. Plaintiff documented her concerns in an August 4, 2004 memorandum to Johnson, in which she “requested] a correction of my evaluation and a corresponding retroactive adjustment of salary commensurate with the quality and quantity of my work_” Def.’s Ex. 12 (8/4/04 Memo from Valles-Hall to Johnson re: July 2004 Evaluation). Plaintiff asserted that her July 2004 evaluation was “markedly different from my first evaluation in June 2003” and that she was “concerned that the basis of all scores rated less than 5 on my most recent evaluation were based on biased subjective impressions and on false and completely unfounded and undocumented charges discussed for the first time in my evaluation.” Id. Plaintiff stated that she was “not being treated equitably,” that she was “being evaluated differently and more critically than [her] colleagues and peers,” and that she had “suffered financially and reputa-tionally, having been given a 3% salary increase when 5% is the base minimum standard.” Id. Furthermore, Plaintiff stated, “I believe my style of communication is viewed unfortunately as aggressive and ‘inflammatory.’ These are stereotyped characterizations that are often used when women and people of color are self-confident, intelligent and assertive.” Id. Johnson met with Plaintiff on August 6, 2004 to discuss Plaintiffs complaint. Def.’s Stmt. ¶ 29; Def.’s Ex. 1 (2/16/06 Valles-Hall Dep.) at 255:8-256:6; Def.’s Ex. 18 (Pl.’s Notes of 8/6/04 meeting with Johnson). During that meeting, Johnson expressed to Plaintiff that, while she did not initially believe individual complaints to be problematic, over time she observed a pattern of Plaintiff reacting quickly and negatively in her interactions with coworkers. Def.’s Stmt. ¶ 29; Def.’s Ex. 23 (2/23/06 Johnson Dep.) at 44:2-19; Def.’s Ex. 18 (Pl.’s Notes of 8/6/04 meeting) at 2-3. Plaintiff asserts that during that meeting, Johnson initially told Plaintiff that 13 out of 14 CNA employees had complained about Plaintiff, but that when pressed about the quantity and substance of these complaints, Johnson revealed that only five employees had complained — Kost, Baird, Sanow, Mendoza, and Johnson herself— and described the incidents discussed above. Pl.’s Stmt. ¶¶ 20-37; Pl.’s Ex. A (1/4/06 Valles-Hall Dep.) at 113:15-124:16; Def.’s Ex. 18 (Pl.’s Notes of 8/6/04 meeting) at 4. Plaintiffs detailed notes of the August 6, 2004 meeting indicate that Johnson told Plaintiff that she had “offended” Kost, Baird, Sanow, Mendoza, and Johnson herself. Def.’s Ex. 18 (Pl.’s Notes of 8/6/04 meeting) at 4. In addition, Plaintiffs notes reflect that Johnson raised the issues of Plaintiffs misuse of compensatory time, missed staff meetings, use of CNA funds for personal purposes, and failure to keep Johnson updated about her work. Id. at 1-2, 6. Johnson also appears to have mentioned to Plaintiff that 5% was not a base minimum standard for raises for 2004, but rather a ceiling, id. at 2, and reminded Plaintiff that Plaintiff did not know how other CNA employees were evaluated, id. at 8. During the course of the August 6, 2004 meeting, Johnson told Plaintiff that “[i]f making judgments about people and telling them is a cultural thing, then maybe we should tell the staff it’s a cultural thing and they should buck up and take it.” Def.’s Stmt. ¶30; Pl.’s Stmt. ¶ 37; Def.’s Ex. 1 (2/16/06 Valles-Hall Dep.) at 262:5-22; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 199:14-201:12; Def.’s Ex. 18 (PL’s Notes of 8/6/04 meeting) at 2, 4. Johnson continued to tell Plaintiff that she considered Plaintiffs behavior not to be “a cultural thing” but rather to be “verbal abuse.” Id. Johnson suggested to Plaintiff that Plaintiff sit down with or e-mail those CNA employees that Plaintiff had offended and apologize to them. Pl.’s Stmt. ¶37; Pl.’s Ex. A (1/4/06 Valles-Hall Dep.) at 125:11-126:1; Def.’s Ex. 18 (Pl.’s Notes of 8/6/04 meeting) at 7. In addition, Johnson told Plaintiff that she expected her employees to “leave their shit at home.” Pl.’s Stmt. ¶ 37; Pl.’s Ex. A (1/4/06 Valles-Hall Dep.) at 113:1-2; Def.’s Ex. 18 (Pl.’s Notes of 8/6/04 meeting) at 9. S. Plaintiffs August 2004- Complaints to OHR and de Barbieri On August 9, 2004, Plaintiff filed a charge of discrimination with the District of Columbia Office of Human Rights (“OHR”), alleging discrimination on the basis of race and national origin. PL’s Stmt. ¶ 42; Def.’s Stmt. 36. However, Johnson did not learn of Plaintiffs OHR charge until December 2004, when CNA was served with notice of the charge. Def.’s Stmt. ¶ 37; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 151:13-18; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 127:2-8. On August 16, 2004, Plaintiff sent an email to Mary Ann de Barbieri, then CNA’s President, in which she stated “I am writing to formally complain about my most recent evaluation, conducted on July 7-8, 2004. The scores and process are unfounded and biased on the basis of race, national origin and, possibly, retaliation. I am very disturbed by the manner in which I am being treated and request an investigation consistent with company policy.” Def.’s Stmt. ¶ 38; Pl.’s Stmt. ¶ 43; Def.’s Ex. 13 (8/16/04 e-mail from Valles-Hall to de Barbieri re; Formal Complaint & Request for Investigation). Following Plaintiffs complaint, de Barbieri tried to schedule an interview with Plaintiff, but was unable to do so until October 19, 2004 because of Plaintiffs resistance. Def.’s Ex. 14 (de Barbieri Draft Report on Investigation of Personnel Complaint by Plaintiff) at 1; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 147:3-13. In connection with her investigation, de Barbieri conducted a two-hour interview with Plaintiff, which was held off-site at Plaintiffs request, and also interviewed Johnson and five other CNA employees, including Kost, Baird, and Mendoza. Def.’s Stmt. ¶ 39; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 147:14-148:19; Def.’s Ex. 14 (de Barbieri Draft Report) at 2-4; Def.’s Ex. 27 (2/28/06 de Barbieri Dep.) at 65:2-66:2. Following her investigation, de Barbieri prepared an undated draft Report summarizing her investigation. Def.’s Stmt. ¶ 40; Def.’s Ex. 14 (de Barbieri Draft Report). In her draft report, de Barbieri concluded that Plaintiff experienced the same evaluation process as other CNA employees and that there was no “evidence that [Plaintiffs] evaluation was racially or ethnically biased,” but rather that Plaintiffs “difficulties are a result of her approach to her staff colleagues.” Id. Finally, de Barbieri stated “I see no evidence that [Plaintiffs] 2004 evaluation scores were a retaliation, as they appear to be based upon a valid assessment of her performance during the past year by her supervisor.” Id. In a letter to Plaintiff dated December 6, 2004, de Barbieri indicated that she had considered Plaintiffs response to de Barbieri’s draft report and found that Plaintiffs response was unrelated to Plaintiffs initial August 16, 2004 complaint. See Def.’s Ex. 15 (12/6/04 Letter from de Barbieri to Plaintiff). As a result, de Barbieri decided to conclude her investigation and submit her draft report as final. Id. Plaintiff criticizes de Barbieri’s investigation, focusing on de Barbieri’s decision that certain issues were irrelevant to Plaintiffs complaint. Pl.’s Stmt. ¶ 47. Plaintiff takes issue with de Barbieri’s decision not to investigate the truthfulness of the various CNA employee complaints underlying Plaintiffs July 2004 evaluation, id. (citing Pl.’s Ex. N (2/28/06 de Barbieri Dep.) at 136-37), not to review the performance evaluations of “similarly situated white employees,” id. (citing Pl.’s Ex. N (2/28/06 de Barbieri Dep.) at 110-11), and not to investigate an observation made by an unidentified African-American female former CNA employee that “[t]here is an issue with race,” id. (citing Pl.’s Ex. N (2/28/06 de Barbieri Dep.) at 100-01). However, as de Barbieri emphasized in her deposition, her investigation was focused on Plaintiffs actual claim — that her July 2004 evaluation had been biased on the basis of race or national origin or constituted retaliation — and her conclusions were limited to that complaint. Def.’s Ex. 27 (2/28/06 de Barbieri Dep.) at 113:6-21; 126:4-20. Moreover, de Barbieri and Johnson each invited Plaintiff, in writing, to supplement her August 16, 2004 complaint if she believed she had experienced other instances of discrimination. See Def.’s Ex. 15 (12/6/04 Letter from de Bar-bieri to Valles-Hall); Def.’s Ex. 16 (11/4/04 e-mail from Johnson to Valles-Hall re: Note from Doctor & Request for Clarification). Plaintiff did not take advantage of these offers. Def.’s Stmt. ¶ 41. Plaintiffs criticism of de Barbieri’s investigation thus appears unfounded, because de Barbieri’s investigation appropriately addressed Plaintiffs August 16, 2004 complaint that her July 2004 evaluation had been biased on the basis of race or national origin or constituted retaliation. In response to that complaint (as opposed to other complaints that Plaintiff now raises but failed to assert at the time of the investigation), de Barbieri reasonably limited her investigation to confirming that CNA employees had, in fact, complained to Johnson about Plaintiff, and ensuring that Plaintiff received the same evaluation process (as opposed to results) as other CNA employees. Def.’s Ex. 14 (de Barbieri Draft Report) at 1-4. Furthermore, de Barbieri’s conclusions actually reflect the record before the Court. There is no dispute that Plaintiffs co-workers complained to Johnson about Plaintiff and, because Plaintiff presents absolutely no evidence that her evaluation process differed from that of other CNA employees, her claim to this effect is nothing more than a bald assertion. E. Issues Arising During Late 2001 and Early 2005 The catalogue for CNA’s Fall 2004 course offerings was not completed and mailed until the end of October 2004. Def.’s Stmt. ¶43; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 212:7-213:17; 216:9-23; Def.’s Ex. 29 (2/28/06 Sanow Dep.) at 56.20-58:12. By the time the catalogue was mailed, the dates for many courses had already passed and other courses had to be cancelled as a result of low registration. Id. Plaintiff does not dispute that the Fall 2004 catalogue was her responsibility, and does not assert that she was given responsibility for the catalogue as the result of a retaliatory animus. Instead, Plaintiff argues that “neither Defendant nor any of its employees ever set a deadline for publication,” PL’s Stmt. ¶ 40 (citing Def.’s Ex. F (1/12/06 Johnson Dep.) at 212). Plaintiff further asserts that “any perceived tardiness is reasonably excused by Defendant’s unilateral decision to cut [Plaintiffs] support staff in September 2004.” Id. (citing Pl.’s Ex. A (1/4/06 Valles-Hall Dep.) at 166). Plaintiffs justifications and excuses fail, however, to raise a factual issue as to whether in fact the Fall 2004 catalogue (for which Plaintiff was solely responsible) was mailed so late that courses had to be skipped or cancelled. Also in the fall of 2004, Plaintiff worked only 12 out of 29 scheduled workdays during the six-week period from September 20 to October 30, 2004. Def.’s Stmt. ¶44; Def.’s Ex. 26 (4/11/06 Johnson Supp. Aff.) ¶ 12. Plaintiff does not dispute this fact, asserting that in September 2004 she “began to suffer from physical ailments caused by work-induced stress,” that “[l]a-ter that month, she also began to see a licensed clinical social worker,” and that she “was required to miss days from work to address her work related illness.” Pl.’s Stmt. ¶ 44; Pl.’s Ex. A (1/4/06 Valles-Hall Dep.) at 35:5-38:16. Plaintiff also does not dispute that in October 2004, Johnson counseled Plaintiff about her poor attendance and requested that Plaintiff provide a note from her doctor regarding her absences. Def.’s Stmt. ¶45; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 192:17-194:15. In fact, in an e-mail Plaintiff sent to Johnson, Plaintiff confirmed that Johnson first requested a doctor’s note on October 19, 2004. Def.’s Ex. 16 (11/4/04 e-mail from Johnson to Valles-Hall replying to 11/4/04 e-mail from Valles-Hall to Johnson). On November 3, 2004, having not received a note from Plaintiffs doctor, Johnson wrote Plaintiff a memorandum stating that Plaintiffs “poor attendance record over the past two months has caused serious disruption to the work of [CNA].” Def.’s Ex. 17 (11/3/04 Memo from Johnson to Valles-Hall). Johnson noted that Plaintiff had failed to provide the requested doctor’s statement, and informed Plaintiff that “to consider your prior absences as excused, I must have such a statement by close of business on Thursday, November 4. Failure to provide a statement will result in disciplinary action.” Id. Johnson further informed Plaintiff that: According to our payroll records, you have exhausted your sick leave and you have 7.34 days of annual leave remaining. While I have agreed that future absences may be charged against annual leave, I cannot allow you to continue missing work on such a frequent basis. Should your absences continue at the current, unacceptable rate, I will have no choice but to make other arrangements to assure that the work assigned to you is properly completed. These arrangements may include hiring a permanent replacement for your position. Id. Plaintiff provided a note from her doctor on November 4, 2004, which stated “Pt. is undergoing treatment for medical condition & needs periodic followup & assessment.” Def.’s Ex. 19 (10/24/04 note from Dr. Manish Upadhyay). Plaintiff asserts that “Johnson’s letter [of November 4, 2004] was uncharacteristic, particularly as the office manager [Mendoza] had never known of another instance in which an employee’s job would be threatened for their use of sick leave.” Pl.’s Stmt. ¶ 46 (citing Pl.’s Ex. M (2/28/06 Mendoza Dep.) at 25). However, the CNA Personnel Handbook specifically states that “[i]f an employee takes more than a week of sick leave at a time, the Executive Director may require a Doctor’s note.” Def.’s Ex. 4 (WCA Personnel Handbook) at 8. It therefore appears that Johnson was authorized to request a doctor’s note from Plaintiff, and Plaintiff fails to identify any similarly situated CNA who was not required by Johnson to provide a doctor’s note. In January 2005, Plaintiff initially refused to follow Johnson and Sanow’s instruction to post CNA’s spring course offerings on the CNA website. Def.’s Stmt. ¶ 48; Pl.’s Stmt. ¶ 41; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 196:14-197:22. Plaintiff had performed this duty several times before, id,.; nevertheless, in January 2005, Plaintiff informed Johnson and Sanow that “she was overloaded with work and could not continue to do other people’s work” and that “the website responsibility fell within the job description of the newly-hired communications director,” Pl.’s Stmt. ¶ 41; Pl.’s Ex. A (1/4/06 Valles-Hall Dep.) at 208:13-209:12; Pl.’s Ex. J (2/28/06 Sanow Dep.) at 61:3-63:18. Plaintiff correctly asserts that Sanow “agreed that website responsibility was not in [Plaintiffs] job description.” Pl.’s Stmt. ¶ 41 (citing Pl.’s Ex. J (2/28/06 Sanow Dep.) at 62). However, Sanow also testified that she believed it was Plaintiffs responsibility to post the offerings in January 2005 and that Plaintiff had performed the task in the past. Pl.’s Ex. J (2/28/06 Sanow Dep.) at 62:22-63:12. Plaintiff eventually put the course materials online. Id. at 64:2-4; Pl.’s Stmt. ¶ 41. Significantly, while Plaintiff maintains that posting the course offerings on the website in January 2005 was not her responsibility, she does not claim that Johnson and Sa-now’s insistence that Plaintiff post the offerings on the website represented a form of retaliation. Finally, in connection with her retaliation claims, Plaintiff vaguely asserts that CNA altered her job duties so as to impose more arduous tasks upon her. See Pl.’s Opp’n at 30-31. However, this vague claim is entirely devoid of specification— Plaintiff does not state how her duties were allegedly altered, when they were allegedly altered, or by whom. The Court therefore declines to speculate as to what additional work Plaintiff refers to or which protected activity she believes engendered this alleged retaliation. F. February 2005 Mediation and Plaintiffs Resignation Plaintiff was actively job hunting in the fall of 2004. Def.’s Stmt. ¶ 42; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 13:11-12. On February 1, 2005, Plaintiff received and accepted an offer from her current employer, Society of Research Administrators International (“SRAI”), with a planned start date of March 1, 2005. Def.’s Stmt. ¶ 49; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 14:9-21. CNA does not indicate that it was aware that Plaintiff had accepted employment with SRAI on February 1, 2005 or that she planned to start working for SRAI on March 1, 2005. Rather, CNA asserts that in “early February 2005 Johnson decided to fire [Plaintiff] for insubordination, poor performance, and unacceptable workplace behavior,” but postponed doing so pending mediation of Plaintiffs OHR complaint in hopes that CNA and Plaintiff could reach a resolution that would include Plaintiffs voluntary resignation. Def.’s Stmt. ¶ 50; Def.’s Ex. 23 (1/12/06 Johnson Dep.) at 188:16-189:12; 198:5-13; Def.’s Ex. 26 (4/11/06 Johnson Supp. Aff.) ¶¶ 13-14. On February 11, 2005, the parties participated in an unsuccessful mandatory mediation of Plaintiffs OHR complaint. Def.’s Stmt. ¶ 51; Pl.’s Stmt. 48; Def.’s Ex. 22 (2/11/05 Mediation and Confidentiality Agreement). Following the mediation, late in the afternoon of Friday, February 11, 2005, Johnson arranged to bar Plaintiffs access to CNA’s office during the February 12-13 weekend and to bar Plaintiffs remote access to CNA’s computer network. Def.’s Stmt. ¶ 52; Def.’s Ex. 26 (4/11/06 Johnson Supp. Aff. ¶ 15); Pl.’s Stmt. ¶49. These steps were taken in preparation for firing Plaintiff. Id. During Plaintiffs deposition, she testified that she attempted to gain access to the CNA office on Saturday, February 12, 2005 and that on Sunday, February 13, 2005, she asked a co-worker if she could follow her into the CNA office because Plaintiffs “key fob didn’t seem to be working.” Pl.’s Ex. A (2/16/06 Valles-Hall Dep.) at 286:8-17; 292:13-20. Significantly, however, Plaintiff does not assert that she was — nor does she appear to have been — aware that she had actually been locked out of the CNA office. On Monday, February 14, 2005, Plaintiff submitted a letter resigning her employment with CNA to Johnson, prior to being fired. Def.’s Stmt. ¶ 53; Def.’s Ex. 1 (2/16/06 Valles-Hall Dep.) at 293:12-294:1. Plaintiffs resignation letter states that she is resigning her position at CNA, effective immediately, because “the collective impact of the professional indignities I have suffered leave me no choice but to resign.” Def.’s Ex. 21 (2/14/05 Letter from Valles-Hall to Johnson) at 3. Plaintiffs resignation letter states “I have been judged differently and more harshly than my white counterparts, subjected to aggressive retaliatory action when I complained about this treatment and forced to do the work of others under the threat of job loss.” Id. at 1. In support of this assertion, Plaintiff describes what she views as discriminatory and disrespectful treatment on the part of Johnson, focusing on her July 2004 evaluation. Id. at 1-3. Plaintiff does not, however, mention that she had been locked out of the CNA offices over the February 12-13 weekend, or indicate any awareness of that fact. Plaintiff does mention the lockout in a separate e-mail to Johnson, also dated February 14, 2005 and time-stamped 9:55 p.m. Def.’s Ex. 20 (2/14/05 e-mail from Valles-Hall to Johnson). Plaintiffs e-mail notes that her key fob was deactivated, a security code was placed on her phone to prevent her from retrieving messages, and “in an effort to publicly humiliate me, the building management was given a letter written by [CNA] that informed building security that I was not to be allowed to enter the building under any circumstances” along with a 4" x 6" color photograph of Plaintiff, both of which were posted at the security desk in the building’s lobby. Id. Nevertheless, Plaintiffs e-mail specifically states “I was not informed that these measures were put into effect.” Id. Furthermore, during her deposition, Plaintiff testified that she did not see the letter and her picture hanging at the security desk until she left the office after resigning on February 14, 2005. Def.’s Ex. 1 (2/16/06 Valles-Hall Dep.) at 292:1-6. It is therefore clear from the record evidence that, when she resigned her employment with CNA on February 14, 2005, Plaintiff was unaware that she had been locked out of the CNA office over the February 12-13 weekend. In her deposition, Plaintiff testified that she began working for SRAI as planned on March 1, 2005, at a higher salary and with better benefits than the salary and benefits she had been receiving at CNA. Def.’s Stmt. ¶ 54; Def.’s Ex. 1 (1/4/06 Valles-Hall Dep.) at 15:8-17:16. On April 4, 2005, Johnson hired an African-American female who appears to be heterosexual as CNA’s Manager of Education, and assigned her a number of Plaintiffs former responsibilities. Def.’s Stmt. ¶ 55; Def.’s Ex. 26 (4/11/06 Johnson Supp. Aff.) ¶ 17. The remainder of Plaintiffs responsibilities were assigned to Sanow, who was rehired by CNA effective January 3, 2005, and appointed Director of Programs. Id.; Def.’s Stmt. ¶ 47. G. Procedural History On July 28, 2005, Plaintiff voluntarily withdrew her OHR charge and OHR subsequently closed the administrative proceeding with no findings. Def.’s Mot. for Summ. J. at 2. Plaintiff filed her six-Count Complaint in this case in the Superior Court for the District of Columbia on September 8, 2005. Id. CNA answered Plaintiffs Complaint on November 16, 2005. Def.’s Notice of Removal Att. 3 (Def.’s Ans. to Pl.’s Compl.). Plaintiffs Complaint did not include a demand for a jury trial, and on March 31, 2006, Plaintiff moved to amend her Complaint to add two counts under 42 U.S.C. § 1981, and also moved for a jury trial. Def.’s Mot. for Summ. J. at 3. By Order docketed April 27, 2006, the Superior Court granted Plaintiffs Motion for Leave to Amend Complaint, but denied her Motion for Jury Trial as untimely in light of the fact that discovery had closed. Def.’s Mot. for Summ. J. at 3; Def.’s Notice of Removal Att. 5 (4/27/06 Superior Court Order). Also on April 27, 2006, the Superior Court granted Defendant’s request to file an Amended Answer to Plaintiffs Complaint. Def.’s Mot. for Summ. J. Plaintiffs First Amended Complaint was deemed filed on April 27, 2006, and included two additional claims pursuant to 42 U.S.C. § 1981. Based on these additional claims, CNA removed this case from Superior Court to this Court on May 2, 2006. Def.’s Mot. for Summ. J. at 3; Def.’s Notice of Removal at 3. Thereafter, CNA filed its Motion for Summary Judgment on May 25, 2006. On January 30, 2007, the Court struck Plaintiffs initial Opposition in its entirety, finding that Plaintiffs original “Statement of Material Facts” failed to a comply with Local Civil Rules 7(h) and 56.1. Valles-Hall v. Cent. for Nonprofit Advancement, Civil Action No. 06-806 (D.D.C. Jan. 30, 2007). Plaintiff filed a revised Opposition to Defendant’s Motion for Summary Judgment, and a correspondingly revised Genuine Statement of Material Facts in Dispute on February 13, 2007. On February 16, 2007, CNA filed a Supplemental Reply, in which it responded to Plaintiffs Genuine Statement of Material Facts in Dispute and indicated a desire to adopt by reference the arguments made in its initial Reply Memorandum. II: LEGAL STANDARDS A party is entitled to summary judgment if the pleadings, depositions, and affidavits demonstrate that there is no genuine issue of material fact in dispute and that the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Tao v. Freeh, 27 F.3d 635, 638 (D.C.Cir.1994). Under the summary judgment standard, Defendant, as the moving party, bears the “initial responsibility of informing the district court of the basis for [its] motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits which [it] believe[s] demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Plaintiff, in response to Defendants’ motion, must “go beyond the pleadings and by [his] own affidavits, or depositions, answers to interrogatories, and admissions on file, ‘designate’ specific facts showing that there is a genuine issue for trial.” Id. at 324, 106 S.Ct. 2548 (internal citations omitted). Although a court should draw all inferences from the supporting records submitted by the nonmoving party, the mere existence of a factual dispute, by itself, is not sufficient to bar summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). To be material, the factual assertion must be capable of affecting the substantive outcome of the litigation; to be genuine, the issue must be supported by sufficient admissible evidence that a reasonable trier-of-fact could find for the non-moving party. Laningham v. U.S. Navy, 813 F.2d 1236, 1242-43 (D.C.Cir.1987); Liberty Lobby, 477 U.S. at 251, 106 S.Ct. 2505, 91 L.Ed.2d 202 (the court must determine “whether the evidence presents a sufficient disagreement to require submission to a [fact-finder] or whether it is so one-sided that one party must prevail as a matter of law”). “If the evidence is merely colorable, or is not sufficiently probative, summary judgment may be granted.” Liberty Lobby, 477 U.S. at 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (internal citations omitted). “Mere allegations or denials in the adverse party’s pleadings are insufficient to defeat an otherwise proper motion for summary judgment.” Williams v. Callaghan, 938 F.Supp. 46, 49 (D.D.C.1996). The adverse party must do more than simply “show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Instead, while the movant bears the initial responsibility of identifying those portions of the record that demonstrate the absence of a genuine issue of material fact, the burden shifts to the non-movant to “come forward with ‘specific facts showing that there is a genuine issue for trial.’ ” Id. at 587, 106 S.Ct. 1348 (citing Fed.R.Civ.P. 56(e)) (emphasis in original). Importantly, “[w]hile summary judgment must be approached with specific caution in discrimination cases, a plaintiff is not relieved of her obligation to support her allegations by affidavits or other competent evidence showing that there is a genuine issue for trial.” Morgan v. Fed. Home Loan Mortgage Corp., 172 F.Supp.2d 98, 104 (D.D.C.2001), aff'd, 328 F.3d 647 (D.C.Cir.2003) (quoting Calhoun v. Johnson, No. 95-2397, 1998 WL 164780, at *3 (D.D.C. Mar.31, 1998) (internal citation omitted), aff'd, No. 99-5126, 1999 WL 825425, at *1 (D.C.Cir. Sept.27, 2000)); see also Marshall v. James, 276 F.Supp.2d 41, 47 (D.D.C.2003) (special caution “does not eliminate the use of summary judgment in discrimination cases”) (citing cases). “Summary judgment is not a ‘disfavored procedural shortcut,’ but is an integral procedural tool which promotes the speedy and inexpensive resolution of every case.” Marshall, 276 F.Supp.2d at 47 (quoting Celotex Corp., 477 U.S. at 327, 106 S.Ct. 2548). Accordingly, the Court reviews the defendant’s motion for summary judgment under a “heightened standard” that reflects “special caution.” Aka v. Washington Hosp. Ctr., 116 F.3d 876, 879 (D.C.Cir.1997) (internal quotations omitted), overturned on other grounds, 156 F.3d 1284 (D.C.Cir.1998) (en banc). Nonetheless, while this special standard is more exacting, it is not inherently preclusive. Although more circumspect, the Court will continue to grant a motion for summary judgment in which the nonmoving party has failed to submit evidence that creates a genuine factual dispute and the moving party is entitled to a judgment as a matter of law. Ill: DISCUSSION Plaintiffs Complaint includes six Counts: race discrimination under the DCHRA (Count I); sexual orientation discrimination under the DCHRA (Count II); retaliation under the DCHRA (Count III); constructive discharge (Count IV); negligent infliction of emotional distress (Count V); and negligent supervision (Count VI). Plaintiffs First Amended Complaint adds two claims: retaliation under 42 U.S.C. § 1981 (Count VII) and disparate treatment discrimination under 42 U.S.C. § 1981 (Count VIII). CNA moved for summary judgment on all eight of Plaintiffs claims; however, Plaintiffs Opposition addresses only her claims of race discrimination and retaliation. CNA’s Reply (filed before the Court struck Plaintiffs initial opposition) highlighted Plaintiffs failure to address CNA’s motion for summary judgment as to her claims for sexual orientation discrimination, constructive discharge, negligent infliction of emotional distress, and negligent supervision. Def.’s Reply at 4. As Plaintiff failed to address this shortcoming in her revised Opposition., it appears the claims she raised in Counts II, IV, V, and VI are abandoned and shall be dismissed. The Court therefore shall not address Defendant’s Motion for Summary Judgment with respect to those claims, but will only address Plaintiffs claims for race discrimination and retaliation, each of which is brought pursuant to both 42 U.S.C. § 1981 and the DCHRA. A Plaintiffs Discrimination Claims 1. Proper Standards Pursuant to 42 U.S.C. § 1981, “[a]ll persons within the jurisdiction of the United States shall have the same right ... to make and enforce contracts ... as is enjoyed by white citizens .... ” 42 U.S.C. § 1981(a). As amended by the Civil Rights Act of 1991, “§ 1981’s prohibition against racial discrimination in the making and enforcement of contracts applies to all phases and incidents of the contractual relationship, including discriminatory contract terminations.” Rivers v. Roadway Express, 511 U.S. 298, 302, 114 S.Ct. 1510, 128 L.Ed.2d 274 (1994). For its part, the DCHRA makes it unlawful for an employer to “fail or refuse to hire, or to discharge, any individual; or otherwise discriminate against any individual, with respect to his compensation, terms, conditions, or privileges of employment ...” based upon, inter alia, the individual’s “race, color [or] nation