Full opinion text
MEMORANDUM OPINION JOY FLOWERS CONTI, District Judge. In this memorandum opinion, the court considers the motion for summary judgment filed by defendants Community College of Allegheny County (“CCAC” or “college”), Charles Blocksidge (“Blocksidge”), Nancilee Burzachechi (“Burzachechi”), and Jeanne Shader (“Shader”, together with CCAC, Blocksidge and Burzachechi collectively referred to as “defendants”), with respect to all claims asserted by plaintiff Sheila Johnson (“Johnson” or “plaintiff’) under Title VII of the Civil Rights Act of 1964, as amended, (“Title VII”), 42 U.S.C. §§ 2000e et seq.; 42 U.S.C. §§ 1981, 1983; Pennsylvania Human Relations Act (“PHRA”), 43 Pa. Stat. § 954(b); section 601 of Title VI of the Civil Rights Act of 1964 (“Title VI”), 42 U.S.C. §‘2000d; Family and Medical Leave Act of 1993, as amended (“FMLA”), 29 U.S.C. § 2601 et seq.; and Americans with Disabilities Act (“ADA”), 42 U.S.C. § 1201. After considering defendants’ motion for summary judgment, the joint statement of facts (“J.S.”) and the other submissions of the parties and viewing all disputed facts and drawing all reasonable inferences in favor of plaintiff, the court will grant summary judgment in favor of defendants with respect to plaintiffs claims under a) Title VII and the PHRA for race and gender discrimination, retaliation and hostile work environment, except for gender discrimination claims against CCAC relating to CCAC’s failure to promote plaintiff to vice president; b) Title VI; c) the FMLA; and d) the ADA. With respect to plaintiffs Title VII and PHRA claims for gender discrimination relating to CCAC’s failure to promote plaintiff to vice president, summary judgment is denied. FACTUAL BACKGROUND In 1986, Johnson, an African-American female, began working at CCAC doing job training for local organizations, businesses, and corporations. (May 23, 2006 Deposition of Sheila Johnson (“Johnson Dep.”) at 65.) From 1987 to 2001, Johnson held the following titles at CCAC: coordinator of counseling, coordinator of the adults in career transition; counselor/coordinator of the Women’s Center Campus, coordinator of New Choices/New Options Program, associate professor of counseling, system-wide coordinator of New Choices/New Options, and professor of counseling.' (Id. at 66-68, 73.) In 2001, Johnson became the acting director of contracts and grants and within a few months obtained the title of director of contracts and grants. (Id. at 68.) Johnson held this position until her termination on January 17, 2005. Johnson’s employment with CCAC was not the primary purpose for the college’s receipt of federal funds. (J.S. ¶ 170.) As director of contracts and grants, Johnson’s duties included distributing information on government grant availability and coordinating applications for . government grants. (Defs.’ Exs. 26, 59.) Johnson acted as a contact person with grant funders in an effort to obtain grants for CCAC. (Id.) She worked with the accounting staff on fiscal audits, visited grant projects for pre-audit compliance, and assisted grant writers in their adherence to grant submission requirements. (Id.) Once a grant award was made, the responsibility for the grant’s day-to-day operations shifted from Johnson to the grant’s project director. (Deposition of Charles Block-sidge (“Blocksidge Dep.”) at.43.) Johnson attended conferences in Harrisburg, Pennsylvania and Washington, D.C. to keep apprised of grant writing issues. (Id.) Desired Positions Dr. Stewart Sutin (“Sutin”) was president of CCAC from August 2003 through October 2006. Shader was director of human resources at CCAC during the relevant time period. By email dated April 11, 2003, Shader informed CCAC administrators, faculty, and staff that the college was seeking an interim vice president executive dean at the Allegheny campus. The email indicated that only internal regular CCAC employees would be considered for the position. (Defs.’ Ex. 7.) The communication also stated that the interim position would only last for six months, and that the selected interim vice president would have the opportunity to apply for the vice president executive dean position if it was ever posted as a regular full-time position. (Id.) In response to this email, Johnson submitted her application for the interim vice president executive dean position. (Defs.’ Ex. 8.) CCAC interviewed Johnson for the position, and she received an interview score of 173. (J.S. ¶ 13; Defs.’ Ex. 9.) CCAC also interviewed Allysen Todd (“Todd”) for the same position, and she received an interview score of 244. (J.S. ¶ 13; Defs.’ Ex. 9a.) Todd is a Caucasian female, and CCAC eventually appointed her to the interim vice president executive dean position. (J.S. ¶ 13.) On August 8, 2003, Johnson applied for the full-time regular vice president position at the Allegheny campus. (Defs.’ Ex. 10.) In an email dated August 27, 2003, Erin Sheets, human resources administrator, notified Johnson that she was scheduled for a telephone interview with the search committee. (Defs.’ Ex. 11.) After the telephone interview, CCAC selected an African-American male candidate, Brian Johnson, for the regular vice president position. (J.S. ¶ 15.) On December 17, 2003, Dan Lowe (“Lowe”) informed Sutin, Todd, Shader, and others that he intended to return to the faculty, thus vacating his position as dean of occupational technologies at the Allegheny campus. (Defs.’ Ex. 30.) Later that same day, Lowe informed Johnson about his decision to resign as dean of occupational technologies. (Id.) In response to Lowe’s email, Johnson informed Blocksidge and Sutin that “when there are discussions regarding this interim position and or [sic] when this permanent appointment is discussed, I would like to be reviewed as a viable candidate for this position.” (Id.) On January 8, 2004, Todd sent an email to all email users at CCAC’s Allegheny campus, downtown center, and Home-wood-Brushton center. (Defs.’ Ex. 32.) In that email, Todd stated that because of a “short turn-around period,” Todd had asked Anthony Lucas (“Lucas”) to fill the position as interim academic dean of occupational technologies. (Id.) The next day, Johnson wrote a memorandum to Sutin, copying Blocksidge and Shader, which addressed the interim dean of occupational technologies position. (Defs.’ Ex. 33.) In that memorandum, Johnson wrote: I have concerns relative to the selection process and appointment regarding the Interim Dean of Occupational Technologies at Allegheny Campus. I have attached Dr. Todd’s email announcing the appointment of Professor Anthony Lucas as the Interim Dean of Occupational Technologies at the Allegheny Campus. Also attached is my email requesting to be considered for the interim and or permanent appointment as Dean of Occupational Technologies at the Allegheny Campus. Although, I indicated my interest in the position the same day Mr. Lowe announced his return to the faculty, I was not contacted in any manner regarding the vacant Dean of Occupational Technologies search process. My concern stems from the recent history with the Vice President of Allegheny Campus Search process. Although my qualifications exceed the minimum qualifications for both positions, in both cases I was not contacted for an interview. I have several questions, “[sic] Why was I not given the professional courtesy of an interview for the Interim Dean of Occupational Technologies position? Why was I not notified of the Dean of Occupational Technologies search process although I had expressed an interest in the position? Since the position was not posted externally or internally, what processes and procedures were used to identify and interview qualified candidates? (Id.) Todd’s appointment of Lucas as interim dean of occupational technologies was an internal transfer. (Defs.’ Ex. 87; J.S. ¶ 13.) CCAC’s policy with respect to posting positions provided: All position vacancy announcements must be posted internally at every College location for a minimum of ten work days. Postings may be waived by the President for administrative positions that are filled with internal transfers or granted funded employees. (Defs.’ Ex. 34.) Request for Job Upgrade/Reclassification In September 2003, Johnson requested an upgrade of her position. (Defs.’ Ex. 16; Blocksidge Dep. Ex. 6.) This request was included in a proposed reorganization of the contracts and grants department; the reorganization was one of Johnson’s stated performance objectives. (Id.) Shader advised Johnson that Carol Voci (“Voci”), human resources administrator, would perform a job audit upon Johnson’s request. (Defs.’ Ex. 16.) On September 26, 2003, Sutin emailed Johnson, “I spoke with [Blocksidge] this morning. He will work with you and [Shader] on your job reclassification, and also on staffing and budget issues.” (Defs.’ Ex. 25.) During the process, Johnson found Blocksidge, Shader, and the human resources staff cooperative and indicated that they worked well together. (August 7, 2006 Deposition of Sheila Johnson (“Johnson Dep. vol. 2”) at 308.) On October 20, 2003, Shader recommended that Sutin approve the reclassification of Johnson’s position, including an 8% salary increase, effective November 1, 2003. (Deposition of Stewart Sutin (“Sutin Dep.”) Ex. 14.) Sutin signed the position reclassification form that day. (Id.) Sutin signed the form under the belief that Blocksidge had approved the reclassification and that the position reclassification form should have included, which it did not, a space for Blocksidge to sign as well. (Sutin Dep. at 91-97.) Sutin routinely involved the management team in similar decisions and had incorrectly assumed that Blocksidge had previously approved Johnson’s reclassification. (Id. at 92.) On November 26, 2003, Johnson met with Sutin and Blocksidge to discuss her proposed job reclassification. (Defs.’ Ex. 25.) Prior to this meeting, Johnson was told that her proposed reclassification would be considered. She was not promised a reclassification. (Sutin Dep. at 100.) At this meeting, Blocksidge told Johnson that she was doing a good job, but that the decision was to wait a year before eommit-ting to a reclassification. (Johnson Dep. vol. 2 at 290; Defs.’ Ex. 25.) On December 5, 2003, Johnson wrote a memorandum to Blocksidge that voiced her disappointment stemming from the November 26, 2003 meeting among Johnson, Blocksidge, and Sutin. (Defs.’ Ex. 25.) Johnson indicated that she believed that the upgrade of the director of contracts and grants position should be effected “in order to address obvious employment inequities for me and my department within the college.” (Id.) Johnson stated that she did not agree with the decision to wait a year to reconsider the job reclassification and voiced concerns about adding staff to the contracts and grants department from other areas of the college. (Id.) Johnson wrote a second memorandum to Blocksidge on December 5, 2003 regarding the review of her job description and duties. (Defs.’ Ex. 26.) In that memorandum, Johnson included an original job description, a revised job description, and a comparison highlighting the differences. (Id.) Johnson addressed certain job functions that she felt were absent from the new description. (Id.) In light of these concerns, Johnson reiterated that, “while I am a team player and as such will continue to follow your directions and do my job to the best of my abilities,” she did not agree with Blocksidge’s decision to wait a year to revisit her upgrade request. (Id.) In response, Sutin directed Shader to review Johnson’s concerns and to respond to Blocksidge. (Defs.’ Ex. 27.) Shader responded to Blocksidge on December 12, 2003: As you are aware, the Department of Grants is likely to be reorganized and Dr. Sutin is still working on the reorganization. Most of the issues raised in Ms. Johnson’s letter appear to stem from her assumptions about how the reorganization will unfold. As you already know and appreciate, until Dr. Sutin finalizes and announces the changes, we are unable to address any issues that the reorganization could affect. Once Dr. Sutin announces the details any issues in her letter that remain unclear or unresolved can be discussed with Ms. Johnson. (Id.) Shader noted that, in comparison to similar positions at eight to nine other educational institutions, Johnson’s salary was appropriate and within the range of positions at her paygrade. (Id.) On December 22, 2003, Blocksidge sent Johnson a memorandum that stated: “Pursuant to our meeting with Dr. Sutin, the potential for reexamining your position expansion will be dependent upon the needs of the college and how well you handle your current job responsibilities.” (Defs.’ Ex. 29.) On January 2, 2004, Johnson responded to Blocksidge: “[Biased upon the attachment which accompanied your December 22, 2003 memorandum, Dr. Sutin’s email of 12/15/03 and our meeting with Dr. Sutin on 11/26/03, my job reclassification will not be reviewed until after Dr. Sutin finalizes and announces the re-organization this month.” (Defs.’ Ex. 31.) Johnson requested a meeting with Blocksidge to “clarify specific items on the new revised job description.” (Id.) Johnson closed by reiterating that she was a team player and would continue to follow Blocksidge’s directions. (Id.) Forty-five Caucasian directors were not upgraded to executive director positions. (Affidavit of Lorraine Johnson (L. Johnson Aff.) ¶ 9.) Employment Performance Reporting to Davis In 2002, as director of contracts and grants, Johnson reported to Betty Davis (“Davis”). (J.S. ¶ 6.) Occasionally, Davis had difficulty keeping track of Johnson’s whereabouts. (See Defs.’ Exs. 4, 5.) In an email dated May 24, 2002, Davis questioned Johnson about her whereabouts and asked Johnson to explain. (Defs.’ Ex. 4.) Johnson explained why she was out of the office and detailed the work that she was doing while away from the office. (Id.) Weeks later, in an email dated July 3, 2002, Davis wrote to Johnson: I heard it through the grapevine that you are not here today- — you were in this morning, but I did not get anything from you on your absence from college office. So that you are aware for the future, please request any time out of the office through me. Given this situation, I will assume that you have taken today as an unpaid day off. I did not approve vacation for you and I did not know where you were planning to be, if you are at one of the campuses or centers. If you are at the campuses or centers, please let me know, as well, what the purpose of your activity is there. It is important that I am aware of where you are; what you are doing and when you are out of the office. (Defs.’ Ex. 5.) In response, Johnson informed Davis of her whereabouts and told Davis that she should contact Johnson’s secretary for information relating to her daily activities. (Id.) Davis replied: It is your responsibility to keep your supervisor aware of your activities. It is not my intent to check with your secretary when I need you. I trust you understand that you are expected, as we all are, to inform our supervisors of where we are and what we are doing, for many reasons, first and foremost in the event something occurs that needs your attention. Therefore, please give me a weekly schedule of your activity from this point on — give this to [me] PRIOR to the week in question and keep that activity updated as appropriate. Please give that schedule to Joan Folien who will post it to my schedule, along with all the other members of the staff who report to me. (Id.) Reporting to Blocksidge In July 2002, Johnson started reporting to Blocksidge. (J.S. ¶ 97.) Blocksidge requested that Johnson provide his office with a telephone number so that Block-sidge could contact Johnson while she was on vacation. (Defs.’ Ex. 6.) In a letter dated August 29, 2002, Blocksidge memorialized a conversation that he had with Johnson regarding contacting her while she was on vacation. Blocksidge wrote: “It is important that I am able to communicate with you under these circumstances. In the future, make certain you leave with my office, a phone number whereby we can contact you.” (Id.) In July 2003, Blocksidge completed an Administrator Performance Appraisal (“APA”) for Johnson’s performance during the period from July 1, 2002 to July 30, 2003. (Defs.’ Ex. 12; J.S. ¶ 16.) Johnson received a rating of 4.75 which was in the “consistently exceeds expectations” category. (Defs.’ Ex. 12.) The FIPSE Grant In 2002, CCAC sought the college’s first international grant from the Fund for the Improvement of Post Secondary Education (“FIPSE”). (J.S. ¶ 8.) Johnson’s role in obtaining the FIPSE grant was to make sure that the grant writers followed the grant guidelines and that the grant was submitted. (J.S. ¶ 10.) In March 2002, the first FIPSE grant application was submitted and later rejected. (Id.) In 2003, a second FIPSE grant was submitted. (J.S. ¶ 11.) In August 2003, CCAC was awarded the FIPSE grant. (J.S. ¶ 19.) FIPSE Conference On October 27, 2003, Johnson was the facilitator for a five-day conference that commenced the FIPSE grant project. (J.S. ¶24.) Sutin was unhappy with the way the event was planned and budgeted. (Defs.’ Ex. 20; J.S. ¶25.) During the event, Johnson became displeased with Davis’ behavior and complained about it to Blocksidge and Sutin. (Defs.’ Ex. 19; J.S. ¶ 26.) Johnson complained that Davis disagreed with Johnson’s choice of speaker for the event. (Defs.’ Ex. 19.) The speaker chosen for the event was Lora Hubbard (“Hubbard”), an African-American female. (Id.) Johnson reported that Davis behaved inappropriately at the event, appearing angry and upset because Davis had not been invited to speak. (Defs.’ Ex. 19; Block-sidge Dep. at 98.) As part of Blocksidge’s review of the event, he spoke with eight individuals, including Johnson and Davis. (Defs.’ Ex. 22; J.S. ¶¶ 27-29.) Blocksidge reviewed emails sent to coordinate the event. (Id.) Blocksidge submitted a report listing findings, conclusions, and recommendations for future events. (Id.) Blocksidge’s report did not specifically mention the incident between Johnson and Davis. (Id.) FIPSE Meeting in Portugal On October 13, 2003, Johnson requested permission to attend a December 2003 FIPSE grant meeting in Portugal. (J.S. ¶ 23.) Blocksidge initially approved Johnson’s request. (Id.) Frank Frankfort (“Frankfort”) was a FIPSE coordinator and CCAC’s primary contact at the United States Department of Education with regard to the FIPSE grant. (J.S. ¶30.) Lowe was CCAC’s project director and writer of the FIPSE grants. (J.S. ¶ 31.) On November 6, 2003, Lowe emailed Frankfort about the FIPSE grant meeting. (Id.) Specifically, Lowe stated that he received notice from the conference organizers that only one member from CCAC should attend the conference and that others should be placed on a wait list. (J.S. ¶ 31; Defs.’ Exs. 23, 24.) Lowe questioned who from CCAC should attend the conference. (Defs.’ Exs. 23, 24.) On that same day, Frankfort responded to Lowe: [Gjrant writers [do] not attend this conference. I told [Johnson] about this already. Her attendance was optional only for the first meeting, so clearly she is the first to not go. As for you and the curriculum director, that is a tough one. Probably you for this one, but make sure you both attend the meeting in the U.S. that you and the EC Partners will no doubt have this spring. (Defs.’ Ex. 23.) Blocksidge telephoned Frankfort who told him that Lowe should attend the conference because there was a space issue. (Blocksidge Dep. at 110.) Frankfort informed Blocksidge that only one person should attend. (Id.) In a letter dated December 22, 2003, Blocksidge informed Johnson that only one person should attend the Portugal conference. (Defs.’ Ex. 29.) Blocksidge wrote that Lowe, as the project leader, was the most appropriate person to attend. (Id.) Johnson was not placed on a wait list to attend the conference. (J.S. ¶ 34.) Supervisor Change By letter dated January 20, 2004, Shad-er informed Johnson that on January 15, 2004, Sutin approved a change in Johnson’s reporting structure. (Defs.’ Ex. 35.) Shader informed Johnson that she would now report to Burzachechi instead of Blocksidge. (Id.) In an email dated January 23, 2004, Voci informed Johnson that, although APAs were generally completed annually in June, Johnson was required to complete an APA at that time due to the change in her supervisor. (Defs.’ Ex. 37.) In an email dated January 28, 2004, Johnson questioned Voci about the need to complete an APA in January rather than in June. (Defs.’ Ex. 38.) Johnson noted that, in the past, she was not required to complete a new APA when she was assigned a new supervisor; she questioned whether this was a new process. (Id.) Voci informed Johnson that mid-year APAs were a change in policy that became effective January 22, 2004. (Id.) Johnson was not the only employee to receive a mid-year APA. (L. Johnson Aff. ¶ 5.) Besides Johnson, three Caucasian employees and one African-American employee received mid year APAs as a result of a change in their supervisors. (Id. ¶ 6.) On February 5, 2004, Bloeksidge completed Johnson’s APA and rated her 3.5. (Defs.’ Ex. 39.) This rating fell under the “meeting expectations” category. (Id.) Johnson met with Bloeksidge to discuss her rating. (J.S. ¶ 55.) After their meeting, Bloeksidge increased the rating to 3.6, which fell within the “often beyond expectations” category. (J.S. ¶ 55; Defs.’ Ex. 39.) Prior to the change in supervisor, Block-sidge and Burzchechi did not exchange negative comments about Johnson’s work performance. (Bloeksidge Dep. at 63.) Bloeksidge did inform Burzachechi that Johnson was unhappy because of the canceled business trip to Portugal. (Deposition of Nancilee Burzachechi (“Burzache-chi Dep.”) at 96.) Prior to the transition of supervisors, Burzachechi was aware that Johnson was typically unavailable in the afternoons. (Id.) Reporting to Burzachechi On January 20, 2004, Johnson and Bur-zachechi met for their first meeting. (J.S. ¶ 206.) During this meeting, Johnson expressed her desire for a promotion to executive director. (Burzachechi Dep. Ex. 6.) Johnson also discussed her dissatisfaction with the update of her job description. (Burzachechi Dep. vol. 2 Ex. 6.) Finally, Johnson requested that additional funds be added to her travel budget so that Johnson could travel to a conference in Washington, D.C. (Id.) Burzachechi denied Johnson’s request and informed Johnson that Bur-zachechi and two others were already traveling to the conference. (Id.) Burzachechi informed Johnson that she would consider allowing Johnson to attend “any meetings with government departments regarding contracts and grants.” (Id.) Burzachechi requested that Johnson forward to her attention any recommendations for her review. (Id.) In late February 2004, Burzachechi denied Johnson’s request to serve on a search committee. (Johnson Verified Statement (“Johnson Aff.”) ¶ 84; J.S. ¶207.) In an email dated February 27, 2004, Johnson indicated that she could not serve on the search committee as a result of her job-related responsibilities. (Johnson Aff. Ex. 68a.) Burzachechi’s Requirements Burzachechi required all her direct reports to be present in the office from 8:30 a.m. to 4:30 p.m. (Burzachechi Dep. at 137.) Prior to reporting to Burzachechi, Johnson worked from 7:30 a.m. to 3:30 p.m. because she found it easier for government entities and program directors to return her calls if she called earlier in the day. (Johnson Dep. at 300-05.) On March 10, 2004, Johnson emailed Bur-zachechi regarding her change of hours. (Burzachechi Dep. Ex. 14.) Johnson notified Burzachechi that she began working the new hours and that the change resulted in problems with reaching her contacts. (Id.) Johnson requested permission to begin work at 7:30 a.m. on Mondays because funders typically returned calls before 8:30 a.m. (Id.) Burzachechi denied Johnson’s request to change the hours, but indicated that Johnson was welcome to begin work early. (Burzachechi Dep. at 338-39.) Burzachechi reminded Johnson that she would still be expected to work normal business hours — 8:30 a.m. to 4:30 p.m. (Id.) Kathy Weir (“Weir”), the grants compliance officer who reported to Burzachechi, also worked from 8:30 a.m. to 4:30 p.m. (J.S. ¶ 60.) By email dated May 5, 2004, Burzache-chi wrote to Johnson about work schedules and working from home. (Defs.’ Ex. 45.) In that email, Burzachechi wrote: Working from home is not an option. This is the second time in 2 weeks that I’ve been informed that you’ve chosen to work from home. If you come in to work at noon today, you will be required to report day vacation for this morning. As I discussed with you in January, as an administrator, you are required to work the regular workday from 8:30 am — 4:30 pm and additional hours when necessary. Beginning May 6th, please submit your appointment calendar for the following work week to me each [sic] via hard-copy each Thursday. (Id.) Burzachechi forwarded the email to Shader in human resources and requested its formal placement in Johnson’s personnel file to document the incident. (Bur-zachechi Dep. vol. 2 Ex. 17.) Burzachechi documented performance issues with Johnson and other employees by writing memoranda and forwarding the memoranda to the human resources department to be added to the relevant employee’s personnel file. (Burzachechi Dep. at 300-03.) Burzachechi wrote memoran-da relating to her direct reports on several occasions and forwarded them to the human resources department. (Defs.’ Exs. 52, 59, 61, 64, 65.) Burzachechi required both Weir and Johnson to make sure that they documented their respective times. (J.S. ¶ 58.) In an email dated May 6, 2004, Burzachechi reminded Johnson and Weir that “[w]eekly appointment calendars and schedules are due to me by end of business each Thursday for the following week.” (Defs.’ Ex. 45a.) Burzachechi required the calendars to contain the following information about each meeting: purpose, time and duration, location, attendees with titles, and contact information. (Id.) Weir was also required to email updates as changes took place in her schedule. (Deposition of Kathy Weir (“Weir Dep.”) at 67.) HUD/COPC At some point in the fall of 2003, Sutin informed Johnson that he had met with members of the community who were interested in partnering with CCAC in a submission for a federal grant sponsored by the Department of Housing and Urban Development (“HUD”) known as the COPC grant (“HUD/COPC”). (Johnson Dep. vol. 2 at 228.) Johnson began working on the project by meeting with representatives from Mellon Bank, various community groups, and HUD, and continued by identifying focus areas of the project, handling budgetary and funding issues, and developing the mission of the project. (Johnson Dep. vol. 2 at 229-41, 243-45.) On April 19, 2004, Johnson received an email from Dr. Ralph Proctor (“Proctor”), a faculty member at CCAC, indicating that Sutin had asked him to take the lead on the HUD/COPC grant. (Deposition of Ralph Proctor (“Proctor Dep.”) Ex. 13.) Specifically, Proctor testified about how he became the lead on the project: [Sutin and Proctor] were in a meeting discussing the problems relative to funding shortfalls and asked whether or not they had ever applied for a COPC grant and described it to him and he said as far as he knew they had not and would I mind taking a look into it and take the lead on creating one if in fact we did not have one. (Proctor Dep. at 65.) CCAC could only submit one application. Since Johnson had been working with the community partners on a HUD/COPC proposal and Proctor was now to take the lead, Johnson emailed Burzacheehi asking how to proceed. (Proctor Dep. Ex. 13.) Burzacheehi scheduled a meeting with Johnson to discuss the situation. (Id.) At some point in either late April or early May 2004, Johnson was informed that Burzacheehi had hired Dr. Emma Mosley (“Mosley”) as a consultant on the HUD/COPC grant. (Johnson Dep. vol. 2 at 251-52.) Burzacheehi instructed Johnson to step back and to turn over all her work and control of the project to Proctor and Mosley. (Id. at 254-55.) While Johnson was not instructed or informed regarding any role she would have in the writing of the grant proposal, Johnson assumed that either Proctor or Mosley would be responsible because they were the experts involved and the norm is for the experts to write the proposal. (Id. at 255.) Johnson understood that her role at this point was to be available to assist Proctor and Mosley should they request it, but otherwise to step back from the project. (Id. at 255-56, 267.) On June 2, 2004, Johnson requested vacation time from June 25, 2004 to July 6, 2004. (Defs.’ Ex. 47.) Burzacheehi agreed to this request, provided that all of Johnson’s projects and deadlines were covered and that the vacation would present no problems for the HUD/COPC grant. (Id.) Johnson replied that there would be no problems for HUD/COPC as she had already submitted three-quarters of the grant content to Mosley with the remainder to be submitted by the end of the week. (Id.) The due date for the grant proposal was July 9, 2004. (Johnson Dep. at 266.) On June 21, 2004, Johnson emailed Proctor, copying Mosley and Bur-zachechi, asking if Proctor would like to meet to discuss anything related to HUD/ COPC, as she would be leaving for vacation. (Johnson Aff. Ex. 79.) On June 22, 2004, Proctor responded by requesting certain specific information from Johnson such as “securing] the DUNS number and checking] on the progress of the Indirect Costs negotiations.” (Johnson Aff. Ex. 82.) On June 23, 2004, Johnson emailed Proctor, forwarding information about the various community partners to the HUD/ COPC grant. (Id.) The email included the information that Proctor had requested, as well as contact persons and information needed for the partners to construct their letters of support. (Id.) Burzacheehi had instructed Johnson to attend a meeting of the external committee on June 24, 2004 from 5:30 p.m. to 7:00 p.m. which Johnson attended but left early to go to a part-time job. (Defs.’ Exs. 47, 49.) On June 25, 2004, Johnson emailed Burzacheehi, reporting on the events of the June 24, 2004 meeting, to which Bur-zachechi responded that she “was concerned to hear that [Johnson] left the meeting early to work at a part-time job.” (Defs.’ Ex. 50.) Burzacheehi expressed further concern that on the first day of Johnson’s vacation, which had been granted on the condition that all Johnson’s work be completed or covered, Burzacheehi had received multiple calls regarding incomplete projects, including a “failure to follow-up with request to begin process to negotiate with the federal government for indirect costs” on .the HUD/COPC grant. (Id.) On June 28, 2004, Burzachechi wrote to Proctor regarding the HUD/COPC negotiation for the indirect cost rate: I would also like to apologize for the progress, or lack thereof, that Sheila Johnson has made on the component projects she was responsible for, especially given the very tight timetable that we’ve committed to. I had clear expectations of Sheila Johnson for a very high level of involvement in and responsibility for this exciting project. I am very sorry that a member of my staff failed to collaborate with you both, and with our team, effectively and enthusiastically. Please do not hesitate to call upon me, Kathy Weir or Natasha [Simpson/Walton] to help in any way we can with the submission of this important grant. (Proctor Dep. Ex. 33.) That same day, Proctor responded to Burzachechi with a complaint about Johnson’s work, while complementing Burzachechi, Natasha Simpson/Walton (“Simpson/Walton”), and Weir for their efforts. (Id.) Specifically, Proctor stated: “I just cannot understand why [Johnson] gives out so much incorrect information. I don’t know if she misleads on purpose, or simply believes the stuff she hands out.” (Defs.’ Ex. 51.) Proctor voiced an additional complaint in regard to indirect cost negotiation: The best thing we can do now is to try to find out whether [Johnson] really started the process and with whom, if anyone, she is negotiating. She said she asked for a rate of 10%. That is ludicrously low given the percentages Pitt (49%) and Duquesne (79%) have negotiated. [Johnson] did not share any documents with us relative to this issue. Does [Simpson/Walton] recall having typed anything for this? If not, it probably has not been started. (Id.) On June 29, 2004, Proctor informed Bur-zachechi of additional problems with the HUD/COPC grant resulting from Johnson’s incomplete work. (Defs.’ Ex. 52.) Specifically, Proctor stated: [Johnson] did, indeed, talk to the persons contacted [at the various community organizations] about possible inclusion in the HUD grant proposal. However, the conversations went not much further. None, except INROADS had discussed budgetary requirements. * * * They had not come up with an action plan, a curriculum or other documents relating to the proposed activity. They cannot issue a letter of support, from the local office. Time is too short to craft an expiation [sic] of the program, send it to their national headquarters and get it back, in a timely fashion, for inclusion in the proposal. Both the IBEW and Mellon indicated that they had not been asked to put together any papers relative to curriculum, costs or guaranteed acceptance. * * * So, it appears that much of what [Johnson] presented, as a solid program, was largely crafted from conversations. At this point I do not feel that we have the time to create a viable, fundable program out of these uncordinated [sic] bits and pieces. (Id.) Proctor concluded by indicating his belief that Johnson may try to blame him, as well as Mosley and Will Thompkins. (Id.) As a result, Burzachechi passed the information along to Shader and Sutin for inclusion in Johnson’s file and to inform them that she would be returning early from her vacation in order to attend to the problems. (Id.) Burzaehechi additionally wrote to Shader: As you’re aware, the situation with Sheila Johnson’s behavior is escalating. I’ve forwarded several e-mail messages to Human Resources to be added to her file. Due to the progressive nature of this problem and the fact that Sheila is part of a protected class, I’d like to schedule a meeting with you and [counsel] to insure that we are protected. (Johnson Aff. Ex. 85.) Also on June 29, 2004, Burzaehechi received an email sent to Johnson and Burzaehechi from Melissa Denardo, coordinator of CCAC’s survivability and information assurance program, regarding another issue — a situation involving reimbursement of airfare for participants in a CCAC workshop, which Johnson was assigned to resolve on June 4, 2004. (Supplemental Affidavit of Sheila Johnson (“Johnson Suppl. Aff.”) Ex. S-5.) Bur-zachechi responded: I’m sorry about the state of this situation. [Johnson] failed to provide me with an update of the status of this project and she is away on vacation until Friday, July 9. I am copying Natasha Simpson[/Walton] and Kathy Weir on this message in order to elicit their assistance in resolving this issue. I will also be available to help in any way I can. Again, I’m sorry that we’ve failed to resolve this issue. (Id.) On July 9, 2004, in response to Bur-zachechi’s email on June 25, 2004 regarding reports of incomplete work on the part of Johnson and disapproval of Johnson’s early departure from the June 24, 2004 meeting, Johnson wrote to Burzaehechi, “I now know that I was wrong and you can be assured that this situation will not occur in the future.” (Defs.’ Ex. 53.) With regard to Burzaehechi’s statement that Johnson exhibited a “failure to follow-up with request to begin process to negotiate with the federal government for indirect costs,” Johnson indicated that “[t]his process has begun” and expanded on the details. (Id.) On July 14, 2004, Proctor emailed Johnson. (Defs.’ Ex. 54.) The email listed his criticisms of her work on HUD/COPC: he had indicated to Johnson that Mosley was not to write the proposal; the proposal would be built around what Johnson had already created over the last year; Johnson had indicated that the proposal could be submitted electronically, which proved incorrect and cost the staff valuable time; no formal advisory committee had been created per HUD’s requirements; demographic information, which Proctor believed should be readily available in any grants office, was not available; and no negotiated Indirect Cost Factor was included, which Proctor again thought should be readily available at any grants office. (Id.) With regard to the lack of an Indirect Cost Factor, which would cause the grant proposal to lose award points, Proctor felt that “CCAC should have had this in 1966. The fact that it was never done is an indication of the lack of understanding of governmental grant procedures.” (Id.) Proctor indicated concerns about Johnson’s role in general: Another problem appears to center ar-ould [sic] a lack of understanding as to what, speciffically [sic], your role is. Some think you are a proposal writer, some think you are a grant manager and others are simply confused, as evidenced by the fact that people, outside the grants office, assured me that you had information that did not even exist. I don’t know if you have a job description, but if not, one needs to be developed in keeping with best practices in proposal writing. If one does exist, it needs to be carefully examined. If you are not a proposal writer, that information needs to get out. Given all that I encountered, it is no surprise that not many people agree to write proposals, especially since there seems to be no incentive to do so. (Id.) Proctor complained to Sutin about Johnson’s performance. (Sutin Dep. 82, 87-88.) In July 2004, Johnson requested permission to attend a conference at which, “if afforded the opportunity to do so,” she was to speak, but Burzachechi denied the request. (Burzachechi Dep. at 203; Johnson Aff. Ex. 81.) Burzachechi emailed Johnson: The cost of the conference versus the benefit is one concern. I also have reservations about permitting you to be out of the office so much of July when you’ve made it clear that this is your busiest time. Following your two week vacation (6/25-7/8) with another three days (7/14-7/16) away from the office concerns me. I would rather that you use this time to develop goals and objectives and your plan for contracts and grants for the coming year. (Id.) During Burzachechi’s deposition, she elaborated on her reasons for not permitting Johnson to attend the conference: Q. Do you think that having employees who represent CCAC speak at a national conference is detrimental to CCAC? A. If it impinges upon their ability to conduct their regular work responsibilities, yes, I do. Q. And would you say that speaking at a conference would impinge on her ability to do her regular work? A. At that time when she was floundering in her position, yes, I do. (Burzachechi Dep. at 204.) When asked to expand on what she meant by “floundering,” Burzachechi said that the difficulties that Johnson was having were indicated on her performance appraisal. (Id. at 204-205.) In the comments on Johnson’s performance appraisal, Burzachechi noted: Objective #2 [listed by Johnson as “[b]uild national linkages via the Council for Resource Development to showcase CCAC’s Contracts and Grants ‘Best Practices’ in order to increase chances of CCAC receiving federal grant awards ...”] is not an appropriate objective, but is part of individual professional development .... Iam concerned that [Johnson] fails to comprehend the position’s primary responsibility to actively identify and pursue new and recurring grants and to creatively expand the existing program. I am also concerned that [Johnson] places far too much of her time on “external” functions when the position is largely an internal resource and support for the college. (Defs.’ Ex. 55.) Burzachechi’s Performance Evaluation of Johnson On June 7, 2004, Burzachechi wrote to Sutin that, although Johnson had performed well on one assignment, Burzache-chi had reservations about Johnson’s performance and reliability. (Sutin Dep. Ex. 40.) Burzachechi met with Sutin and reported that Johnson also had a habit of being unavailable during afternoon hours. (Sutin Dep. Ex. 40; Sutin Dep. at 170.) Johnson’s 2004 monthly calendars listed appointments and meetings during afternoon hours. (Johnson Aff. Ex. 99b.) By email dated July 21, 2004, Shader notified CCAC administrators that a “3% increase on the midpoint of the range was approved for Administrators.” (Johnson Aff. Ex. 86a.) Shader indicated that the increase would be included in the employee’s July 30, 2004 paycheck. (Id.) On July 26, 2004, Burzachechi notified Sutin and Shader about Johnson’s performance. (Johnson Aff. Ex. 87.) In the communication, Burzachechi attached a copy of Johnson’s July 30, 2004 APA. (Id.) Burzachechi explained that Johnson received a performance review indicating that she was performing below expectations. (Id.) Bur-zachechi questioned whether Johnson should receive the administrative increase in her July 30, 2004 paycheck. (Id.) In response to Burzachechi’s email, Sutin explained that Burzachechi could “hold open the option of a six month review, with pay increase subject to improved and fully satisfactory performance.” (Johnson Aff. Ex. 88.) By email dated July 27, 2004, Shader advised Joe Miller (“Miller”), personnel generalist, that he should make an appropriate adjustment to Johnson’s paycheck based on her performance review. (Id.) On July 28, 2004, Miller contacted Johnson about her administrative increase. (Defs.’ Ex. 57.) Miller informed Johnson that he had recently received information indicating that Johnson’s job performance was below expectations. (Id.) Miller advised Johnson that Burzachechi “may hold open the option of a six month review with pay increase subject to improved and fully satisfactory performance. Based on this information, your pay will be adjusted in August and you will not be receiving the July 1, 2004 administrative increase.” (Id.) As a result, on July 28, 2004, Jill Schütz, director of payroll, informed Johnson that the “Payroll Department processed a July Administrative increase for you and we were subsequently notified not to process the raise. Since the July payroll has already been processed, you have been overpaid for the month of July. We will make an adjustment to your August pay.” (Defs.’Ex. 58.) On August 3, 2004, Burzachechi finalized an APA for Johnson. (Defs.’ Ex. 55.) In this APA, Burzachechi rated Johnson’s performance at a rate of 2.0 out of 5.0. (Defs.’ Exs. 55-56.) A rating of 2.0 fell within the “below expectations” category. (Defs.’ Ex. 55.) After meeting with Johnson about her performance rating, Bur-zachechi agreed to increase the rating from 2.0 to 2.1. (Defs.’ Ex. 56.) In an email dated August 5, 2004, Bur-zachechi informed Shader about her meeting with Johnson, which related to Johnson’s performance review. (Id.) Bur-zachechi informed Shader about the meeting: I discussed my decision to hold back the administrative increase for further review on October 1. On that date if [Johnson] is able to demonstrate significant improvement toward achieving her stated goals and objectives, I will consider awarding the 3% administrative pay increase to her, retroactive to July 1st. (Id.) (emphasis in original). In a memorandum dated August 6, 2004, Burzachechi memorialized her conversations with Johnson relating to Johnson’s latest performance review. (Defs.’ Ex. 59.) In that memorandum, Burzachechi restated her concerns regarding Johnson’s performance and set forth a remediation plan for Johnson. (Id.) In response to Burzachechi’s performance review, on August 5, 2004, Johnson sent Burzachechi an email requesting clarification relating to the performance review process. (Defs.’ Ex. 62.) Johnson indicated that Burzachechi’s suggested three-month review period was in contradiction to the college’s policy relating to employment reviews. (Id. 62.) On the same day, Burzachechi responded that Johnson would be reviewed again in six months and requested Johnson to meet with her the following week to discuss the remediation plan. (Id.) On August 6, 2004, Johnson sent an email to Shader questioning why her salary was being adjusted to withdraw her raise when Johnson had an ongoing appeal pending. (Johnson Aff. Ex. 89.) Notwithstanding Johnson’s performance review, in an email dated August 6, 2004, Burzachechi approved eight vacation days for Johnson. (Defs.’ Ex. 60; J.S. ¶ 98.) Johnson Appeals Burzachechi’s Performance Review On August 6, 2004, Johnson notified Burzachechi that she intended to appeal Burzachechi’s APA. (Defs.’ Ex. 62.) Johnson informed Burzachechi that she would not sign the APA form. (Id.) In an email dated August 9, 2004, Sutin wrote to Johnson and Shader regarding Johnson’s performance evaluation appeal. (Defs.’ Ex. 63.) In that email, Sutin indicated that he had received Johnson’s appeal and requested Shader to arrange a meeting about the issue. (Id.) Sutin explained that the purpose of the meeting was to provide Johnson with an opportunity to “present [her] case for reconsideration of [her] performance rating.” (Id.) By email dated August 16, 2004, Shader informed Johnson that Sutin would meet with Johnson about her performance review on August 17, 2004. (Defs.’ Ex. 66.) Shader explained that Johnson should come to the meeting prepared to explain why the APA was not valid. (Id.) Shader also requested that Johnson bring copies of any documentation that supported Johnson’s appeal. (Id.) Shader explained the appeals procedure: Any person who feels that his/her periodic performance appraisal is not valid may appeal the results to the next higher level of supervision. That supervisor shall review the appraisal with both the appellant and his/her supervisor and record his/her decision with Human Resources. (Id. 66.) Medical Leave Begins On August 17, 2004, Johnson sent an email to Shader, copying Sutin and Bur-zachechi: Due to job related stress, my doctor (Dr. Khan) made the decision to remove me from work for at least 30 days. I was unable to attend today’s meeting due to my doctor’s appointment. When my doctor releases me, I will contact you regarding either rescheduling today’s meeting if Dr. Sutin needs more information or obtaining information regarding the current status of my Performance Appraisal Appeal. (Defs.’ Ex. 68.) Johnson indicated that the stress manifested itself in the forms of elevated blood pressure, skin irritations, bladder problems, and anxiety. (Johnson Dep. at 112.) Also on August 17, 2004, Johnson contacted Voci to determine if there were any forms that she needed to complete for workers’ compensation or disability, requesting that any such forms be mailed to her home. (Defs.’ Ex. 70.) Pri- or to August 17, 2004, neither Burzachechi nor Weir was aware that Johnson was affected by work-related stress. (J.S. ¶¶ 111, 112.) After thirty days, Johnson felt that mentally she could return to her position on a full-time basis, but that she was never physically able to return to work. (Johnson Dep. at 138-40.) At some point after Johnson began her leave, Simpson/Walton reported to Bur-zachechi that files were missing from Johnson’s office. (Deposition of Natasha Walton (“Walton Dep.”) at 122-26.) Simpson/Walton called Johnson and left her a message indicating that files were missing from her office. (Walton Dep. at 126.) Johnson did not return Simpson/Walton’s telephone call. (Id.) Because of the missing files and Johnson’s previous concerns about the security of the office, Burzachechi had the office locks changed. (Burzachechi Dep. at 249.) Bur-zachechi indicated to Shader concern that Johnson had after-hours access to the office. (Deposition of Jeanne Shader (“Shader Dep.”) Ex. S-10.) Additionally, Johnson’s email access was restricted shortly after she went on leave. (Bur-zachechi Dep. at 238-39.) College policy, in effect before Johnson’s leave on August 17, 2004, was to deny email access to employees on medical leave. (Defs.’ Exs. 91, 93; Deposition of Carol Voci (“Voci Dep.”) at 86-88.) On August 23, 2004, Voci sent a letter to Johnson indicating that human resources had received information from Johnson’s doctor regarding her leave and that, because Johnson’s leave was due to an occupational injury/disease, Johnson would need to apply for workers’ compensation. (Defs.’ Ex. 71.) The letter directed Johnson to contact Randy Gaab (“Gaab”), director of safety and risk management, to process the claim. (Id. 71.) On August 26, 2004, Johnson received several forms from CCAC regarding workers’ compensation claims. (Defs.’ Ex. 72.) According to Voci, when an employee is denied workers’ compensation, CCAC does not award short-term disability benefits. (Voci Dep. at 27-28.) Voci commented that, although she was not certain of a standard, she had a belief that workers’ compensation claims for stress-related injuries are almost always denied. (Id. at 30.) On August 27, 2004, CCAC advised Johnson that, in order to return to work, she was required to submit a “full medical release”, i.e., that she could return to her position with no limitations. (Defs.’ Ex. 73.) Also on August 27, 2004, Johnson faxed to Gaab questions regarding the workers’ compensation forms. (Defs.’ Ex. 74.) Johnson had originally called Gaab on August 26, 2004, but she left only a voice-mail message for him. (Id.) In the facsimile, she refers to her injury as “a stress job related injury based upon race discrimination over time.” (Id.) Johnson’s workers’ compensation claim was denied. (Johnson Aff. Ex. 94.) On October 11, 2004, Johnson requested from Gaab a “detailed description of the college’s short and long-term disability program” and asked for any necessary forms. (Defs.’ Ex. 75.) On October 20, 2004, Voci sent to Johnson a letter including a summary of the short-term disability coverage, forms, and instructions. (Defs.’ Ex. 76.) The summary of the coverage stated: Administrators shall be allowed short-term disability leave with pay beginning with the eighth calendar day of a continuous non-work related sickness or injury up to ninety calendar days of continuous sickness or injury. The employee shall provide a signed statement from a licensed physician or licensed health practitioner describing the disability and the expected length of absence. (Id.) (emphasis added). The summary further advised that an employee may be eligible for longterm disability if the leave extends beyond 90 days, but because the outside provider may take six to eight weeks to process a claim, it is advisable to apply before the end of the second month of short-term leave. (Johnson Dep. Ex. 95.) Johnson did not apply for long-term disability benefits from CCAC. (Defs.’ Ex. 95 at 10.) Prior to August 27, 2004, CCAC did not supply, nor did Johnson request, any forms or information about FMLA leave. (Id. at 8.) On October 25, 2004, Voci sent a letter to Johnson: When you were first absent from work, you anticipated returning to work shortly. With the receipt of [a letter from Johnson’s psychologist on October 4, 2004 stating Johnson would be absent from work until November 9, 2004], we have determined that all subsequent time that you are absent for the condition described in the October 4 letter shall be designated as [FMLA] leave, effective as of the date of this letter. * * * By beginning to run FMLA leave, the College is neither endorsing your claim for worker’s [sic] compensation leave nor agreeing that the alleged medical condition(s) forming the basis of your worker’s [sic] compensation claim exists. * * * You may be asked to provide additional information so that the College can better assess you condition and entitlement to FMLA leave. * * * If you do not believe that FMLA leave should apply or if you have any questions, please call Carol Voci ... Otherwise the College will assume that you understand that you are also on FMLA leave and agree with this treatment. (Defs.’ Ex. 77) (emphasis added). Included with the letter was CCAC’s Guidelines to the Family and Medical Leave Act Policy (“FMLA Policy”), which Voci referred to as “material setting forth your FMLA rights in more detail.” (Id.) Subsection (A)(1) of Section TV of the FMLA Policy, “Procedures for Requesting Leave,” stated that “[i]n all cases, employees will be asked to complete a ‘Request for FMLA Leave’ form.” (Id.) Johnson responded, on October 28, 2004, that she did not request FMLA leave: “I don’t know how [CCAC] thought I had applied for FMLA also. I haven’t even completed a FMLA application.” (Defs.’ Ex. 78.) On November 8, 2004, Voci sent a letter to Johnson stating that, because Johnson’s physician certified her condition as an occupational injury or disease, the Pennsylvania Workers’ Compensation Act makes it clear that workers’ compensation is an employee’s exclusive remedy, and therefore her short-term disability request was denied. (Defs.’Ex. 79.) According to section (I)(B) of the FMLA Policy, Johnson’s FMLA leave, which began October 25, 2004 per the letter from Voci, entitled her to twelve weeks of unpaid leave in a twelve-month period, with the 12 months calculated from the first day of leave. (Defs.’ Ex. 77.) Section (I)(E) of the policy, “Intermittent Leave,” allows for employees taking leave for personal illness to do so on an intermittent basis or “by reducing the employee’s scheduled work hours, if the employee provides certification from the health care provider ... that leave must be taken in that manner.” (Id.) Section (VII)(G) of the FMLA Policy, “Failure to Return to Work,” stated in full that “[e]mployees who fail to return to work after FMLA leave shall be treated as having voluntarily terminated their employment.” (Id.) Between August 1, 2004 and January 31, 2005, Johnson never requested intermittent leave or to return on a part-time or reduced-schedule basis. (Defs.’ Ex. 95 at 6-7.) Johnson stated in her deposition that the only request she made was for an extension under FMLA. (Johnson Dep. vol. I at 145.) On December 21, 2004, Johnson wrote to Voci requesting an extension of her current leave based upon the FMLA, CCAC’s FMLA Policy, and as an accommodation under the ADA. (Defs.’ Ex. 81.) Voci responded that Johnson’s leave would end on Sunday, January 16, 2005 and that at least two weeks’ advanced notice was required before returning to work. (Defs.’ Ex. 82.) On January 18, 2005, Shader sent a letter to Johnson indicating that, because Johnson had not reported to work by January 18, 2005, her employment with CCAC was “brought to a closure effective January 17, 2005.” (Defs.’Ex. 84.) Plaintiff was able to retain her part-time employment as an online instructor for the University of Phoenix and as minister of music for her church. (J.S. ¶ 147.) Plaintiff asserts that she was able to maintain employment with the University of Phoenix because it was an on-line teaching position and plaintiff was able to use the restroom at any time. (Johnson Aff. ¶ 153.) At CCAC, there was only one restroom facility for women on the floor where Johnson worked. (J.S. ¶ 147.) That restroom had only two stalls and was used by students. (Id.) With respect to her condition at the time of her deposition, plaintiff stated that the “intensity of the bladder problems diminished over time but peaked when [she was] confronted with work related maters even with medication.” (Johnson Aff. ¶ 125.) Similarly Situated Individuals Johnson alleges that seven Caucasian administrators at CCAC, who are similarly situated, were more favorably treated. The individuals are Mary Jo Magnone (“Magnone”), Sam Mangieri (“Mangieri”), Charles Martoni (“Martoni”), Alice Sheets (“Sheets”), Maureen Stradley (“Stradley”), Margaret Betlyn “(Betlyn”) and Todd. (J.S. ¶ 149.) Of these individuals, Johnson believed that Sheets was approved for a workers’ compensation claim. (Johnson Dep. at 158.) Johnson did not know whether Magnone, Mangieri, Martoni, Stradley, Betlyn, or Todd had applied for or had received workers’ compensation. (Id. 154-60.) Aside from employees whose workers’ compensation claims were granted, there were no employees at CCAC who had been off for a medical condition and returned on a part-time basis. (Voci Dep. at 30-31.) Magnone and Betlyn applied for and received short-term and long-term disability benefits. (J.S. ¶¶ 150, 155.) Mangieri and Martoni applied for and received short-term disability benefits. (Id. ¶¶ 151, 152.) Sheets received short-term disability and workers’ compensation benefits. (Id. ¶ 153.) Stradley never took any extended medical or FMLA leave. (L. Johnson Aff. ¶ 10.) Todd received medical benefits from workers’ compensation, but was not absent from work long enough to receive other workers’ compensation benefits. (Id. ¶ 12.) Johnson’s Black Caucus Involvement Sometime in the early 1990s, Johnson became a member of the CCAC Black Caucus. (Johnson Dep. at 99.) In May 2003, the Black Caucus wrote to CCAC’s interim president, questioning the search process for the new president of the college. (Proctor Dep. at 26-28, Ex. 2.) In August 2003, Sutin became the president of CCAC. (J.S. ¶ 17.) As a membership chair and an elected officer of the Black Caucus, Johnson planned a presentation to Sutin to discuss the selection processes for promoting administrators. (Id. ¶ 183.) Johnson presented on the issue of CCAC’s employment and promotion of African-Americans. (Johnson Aff. ¶ 21.) In her presentation, Johnson also addressed the processes used to hire or to promote administrators. (Id.) During the search for the vice president position, Sutin received a number of concerns about the search process. (Sutin Dep. at 58-60.) Specifically, the Black Caucus raised issues about the equity and inclusion of African-American employees. (Id.) Sutin learned that several people were lobbying for individuals to receive promotions. (Id.) As a result, Sutin suspended the search on September 11, 2003 so that the process could be reviewed. (Id.) Blocksidge’s friend was a candidate for the vice president position. (Johnson Aff. ¶ 23.) Another employee told Johnson that Blocksidge blamed Johnson for the suspension of the vice president search. (Id.) On December 18, 2003, the Black Caucus sent a letter to Sutin complaining about the lack of appointments and upgrades for African-Americans. (Sutin Dep. Ex. 29.) The letter addressed the lack of African-American input in the college’s decision-making process. (Id.) With respect to Shader, Johnson believed that Shader knew that she was a member of the Black Caucus because emails regarding Black Caucus events were sent through the CCAC email system. (Johnson Dep. at 99-103.) Johnson also believed that Shader knew that she was a member of the Black Caucus because Shader was involved in the compilation of an accreditation report, which contained information related to the Black Caucus. (Id.) Johnson did not know whether the accreditation report contained the names of Black Caucus members. (Id.) Shader averred that she was not aware that Johnson was a member of the Black Caucus until the filing of this lawsuit. (Affidavit of Jeanne Shader (“Shader Aff.”) ¶ 4.) With respect to Burzachechi, Johnson remembers telling Burzachechi that she had to go to a “caucus meeting.” (Johnson Dep. at 103-05.) Johnson also sent Black Caucus email correspondence to Sutin and believed that Burzachechi had access to Sutin’s email. (Id.) Burzachechi averred that she was not aware that Johnson was a member of the Black Caucus until the filing of this lawsuit. (Affidavit of Nanci-lee Bur