Jeffries v. Lynch (217 F. Supp. 3d 214, 2016)

MEMORANDUM OPINION

Beryl A. Howell, Chief Judge

The plaintiff, Timothy Jeffries, is an African-American male and an employee of the Bureau of Justice Assistance (“BJA”) within the Department of Justice (“DOJ”). Compl. ¶ 6, ECF No. 1. He asserts a multitude of claims against the defendant, United States Attorney General Loretta Lynch, in her official capacity, alleging discrimination on the basis of his race and sex, and retaliation, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 Ü.S.C. §§ 2000e-1-2000e-17. Compl. ¶¶ 44, 47. These claims arise, out of the plaintiffs non-selection for seven BJA positions for which he applied between 2011 and 2014, as well as the alleged denial of cash and time-off awards in 2011 and 2012. See generally Compl.

The plaintiff paints a picture of an agency marked by factionalism, with Caucasian, middle-age mothers, whom the plaintiff calls collectively the “mommies group,” on one side and African-American men on the other. From DOJ’s perspective, the plaintiff is a “prolific complainer,” Def.’s Reply Supp. Def.’s Mot. J. Pleadings or Summ. J. (“Def.’s Reply”) at 1, ECF No. 16, who “routinely applie[s] for positions for which he [is] not the- most qualified” and then brings an EEO complaint, Mem. Supp. Def.’s Mot. J. on the Pleadings or Summ. J. (“Def.’s Mem.”) at 1, ECF No. 7-1.

Before discovery commenced in this lawsuit, DOJ moved for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c), or, alternatively, for summary judgment pursuant to Federal Rule of Civil Procedure 56(a), see Def.’s Mot. J. on the Pleadings or Summ. J. (“Def.’s Mot.”), ECF No. 7, prompting the plaintiff to move for relief under Federal Rule of Civil Procedure .56(d), see Pl.’s Mot. Relief Under Rule 56(d) (“Pl.’s Mot.”), ECF No. 10. For the reasons set forth below, DOJ’s motion for summary-judgment is granted, and the plaintiffs motion is denied.

I. BACKGROUND

The plaintiff has been an employee of the Office of Justice Programs (“OJP”) in DOJ since 2000. Compl. ¶ 6. He is currently employed as a Policy Advisor, a GS-13 position, in the Substance Abuse and Mental Health Division (“SAMH”) of the BJA, which is housed within OJP. Id. ¶ 4. A brief recitation of the allegations underlying each of the plaintiffs claims is set out below.

A. The Plaintiffs Previous EEO Activity and Priority Consideration Letter

In 2006, the plaintiff was passed over for a GS-14 Program Analyst position in the BJA. Compl. ¶ 15; PL’s Opp’n, Ex. 1 (“Jef-fries Decl.”) ¶ 10, ECF No. 9-3. According to the plaintiff, “[his] application ... had been given the highest score among all of the applicants,” but “[he] was neither interviewed nor selected.” Compl. ¶ 15; Jef-fries Decl. ¶ 10. DOJ offered the position to a Caucasian female applicant, who ultimately turned down the offer. Jeffries Decl. ¶ 10. The plaintiff submitted an application when the vacancy was re-advertised in 2007, but he was not given an interview. Id. Ruby Qazilbash, an Asian female, was selected for the position. Id. Acknowledging that the plaintiff had mistakenly not been interviewed for the position, on July 30, 2007, DOJ gave the plaintiff a priority consideration letter “for the next open position similar and in the same geographical area to the one which proper consideration was missed.” PL’s Opp’n, Ex. 9, ECF No. 9-5. The letter further indicated that the plaintiff would be considered for any such position before issuing public notice of the vacancy and that he would be notified in writing when he had received priority consideration for a position. Id.

“For four years after [he] received the priority consideration letter, [the plaintiff] was never notified that [his priority consideration letter] had been used.” Jeffries Decl. ¶ 11. Consequently, in late January 2011, the plaintiff inquired with the Deputy Director of OJP Human Resources (“HR”), Jennifer McCarthy, as to the status of the letter. Id. Initially, Ms. McCarthy was unable to locate the letter, but in late February 2011, after the plaintiff furnished a copy and stated that he would contact his attorney, Ms. McCarthy found HR’s copy. Id.

B. The Plaintiffs Non-Selections and Award Denials at Issue in This Case

The plaintiffs instant claims arise out of seven non-selections occurring from 2011 to 2014, and alleged denials of cash and time-off awards in 2011 and 2012, which non-selections and awards denials are described below.

1. First Non-Selection in Spring 2011

In March 2011, DOJ announced two vacancies for GS-14 Supervisory Grants Program Manager positions within the BJA. Id. ¶ 12. After seeing the vacancy announcements, the plaintiff asked Ms. McCarthy why HR had not used his priority consideration letter for the open positions. Id. Ms. McCarthy agreed to allow the plaintiff to utilize the letter for the recent openings. Id.-, Def.’s Statement of Material Facts (“Def.’s SMF”) ¶¶ 10-14, ECF No. 7-2. The plaintiff submitted a résumé as well as his “knowledge, skills, and abilities” (“KSAs”), as requested by HR. Jeffries Decl. ¶ 13. On May 11, 2011, the plaintiff was interviewed by a three-person panel consisting of Jonathan Faley (Caucasian male), Tammy Reid (African-American female), and Edison Aponte (Hispanic male), each of whom had been named as a “responsible management official” in his previous EEO complaints. Id.; Def.’s SMF ¶ 15. At the end of his interview, the plaintiff “asked the panelists if they felt [he] was qualified for the position and when a decision would be made,” to which the panel responded that other candidates would have to be interviewed before a decision could be reached. Jeffries Decl. ¶ 15.

The panel did not recommend the plaintiff for an interview with the selecting official, id. ¶ 14; Defs SMF ¶ 16, and DOJ subsequently notified the plaintiff by letter that he was not selected for the position because he had failed to: (1) “demonstrate what experience or skills set ha[d] prepared [him] for staff supervision and oversight of a grant management team;” (2) “explain or identify work methods, organizational structures and management processes or other procedures to resolve issues;” (3) “address complex issues that impacted grant programs or facets of large complex projects and programs;” and (4) “interpret any participation in management operation or planning meetings to discuss program or project milestones and activities,” Def.’s Mot., Ex. 2, ECF No. 7-3. DOJ ultimately hired two candidates who were unanimously recommended by the interview panel to fill the two positions: Naydine Fulton-Jones (African-American female) and Esmerelda Womack (Caucasian female). Compl. ¶ 24; Defi’s SMF ¶ 25. Neither Ms. Fulton-Jones nor Ms. Womack had prior EEO activity. Compl. ¶ 24.

2. Second Non-Selection in Late 2011/Early 2012

In the fall of 2011, the plaintiff applied for a GS-13/14 level position as Special Assistant to the Deputy Director in the BJA Policy Office. Compl. ¶ 26; Def.’s SMF ¶ 30; Def.’s Mot., Ex. 57, ECF No. 7-4. The vacancy announcement describes the Special Assistant’s responsibilities as, inter alia, preparing, writing, and reviewing a wide variety of written materials; collecting and assembling key documents and reports; facilitating administrative processes and handling special projects; tracking Policy Office performance; attending briefings; preparing correspondence; developing and maintaining relationships with internal and external stakeholders; and researching and analyzing problems and issues. Def.’s Mot., Ex. 57.

The interview panel, consisting of Patrick McCreary (Caucasian male), Ellen Williams (African-American female), and Ruby Qazilbash (Asian female), rated the plaintiff sixth out of the eight interviewees. Def.’s SMF ¶ 32; Def.’s Mot., Ex. 17, ECF No. 7-3. In a letter dated December 8, 2011, the panel unanimously recommended the ultimate selectee, Cornelia Sorensen-Sigworth (Caucasian female) for the position, and BJA Director Denise O’Donnell concurred. Def.’s SMF ¶ 33; Def.’s Mot., Ex. 17.

Mr. McCreary and Ms. Williams did not know about the plaintiffs prior EEO complaints. Def.’s SMF ¶ 37; Pl.’s Opp’n at 31. Ms. Qazilbash was first made aware of the plaintiffs protected activity in 2008 and received notice on July 1, 2011, of a pre-complaint or complaint filed by the plaintiff. Def.’s Mot., Ex. 18 at 3, ECF No. 7-3.

3. Third Non-Selection in Early 2013

Toward the end of 2012, the plaintiff applied for several vacancies within the BJA. First, the plaintiff unsuccessfully applied for the GS-14 position of Senior Policy Advisor for Evidence Integration opening. Def.’s SMF ¶ 40. The position’s job duties were described as managing and directing quality improvement programs; analyzing the effectiveness of programs; designing and maintaining methods to implement the Government Performance and Results Act; planning and directing a variety of service functions such as communication, procurement of administrative supplies, printing, property and space management, records management, mail service, facilities maintenance, and transportation; and researching and analyzing problems. Def.’s Mot., Ex. 58, ECF No. 7-4.

A panel consisting of Edison Aponte, Elizabeth Griffith, and either Becky Rose or Kristina Rose interviewed six candidates. Def.’s Mot., Ex. 19, ECF No. 7-3. Kristina Rose conducted the plaintiffs interview. Def.’s SMF ¶ 42. There was “strong consensus” among the panelists that “Ed Banks and Kristen Kracke were clearly the top candidates” and these individuals were recommended for a second interview. Def.’s Mot., Ex. 19. As between Mr. Banks and Ms. Kracke, the panel recommended Mr. Banks (African-American male) because he “ha[d] already been doing an outstanding job and working at a level that exceeded] his [ ] grade and role and its [sic] good to promote staff from within where possible.” Id. Mr. Banks was ultimately chosen for the job in 2013. Compl. ¶ 28; Def.’s SMF ¶ 45. The panelists each stated that the plaintiff was not as qualified as, nor did he interview as well as, either Mr. Banks or Ms. Kracke. Def.’s SMF ¶¶ 46-49. Indeed, on a five-point scale, the panelists rated Mr. Banks a 5.0, Ms. Kracke a 4.8, and the plaintiff a 1.6. Id. ¶ 50.

Ms. Rose was not aware of the plaintiffs prior protected activity at the time of the interview. Def.’s SMF ¶ 51. The other two interviewers became aware of the plaintiffs protected activity in 2007. Id. ¶¶ 52-53. Ms. Griffith was also involved in the plaintiffs September 2011 complaint. Id. ¶ 53.

4. Fourth Non-Selection in Early 2013

The plaintiff applied for the GS-14 position of Administrative Services and Logistics Director in late 2012, Def.’s Mot., Ex. 25, ECF No. 7-3, and was notified of his non-selection in January 2013, Def.’s SMF ¶ 55. The vacancy announcement for the position states that the job responsibilities include performing tasks related to the administrative management of the organization, such as interpreting administrative policies, developing and implementing organizational policies, defining administrative requirements, and providing advice to management on related issues; providing administrative and technical supervision necessary for accomplishing the work of the unit; performing administrative and human resource management functions; and installing, troubleshooting, and maintaining hardware and software to ensure the functionality of systems. Id. ¶ 56.

The plaintiff and one other candidate, Michelle Martin (Caucasian female), Def.’s SMF ¶ 59, were interviewed by a panel consisting of Shanetta Cutlar (African-American female), Hope Janke (Caucasian female), and Kristen Mahoney (Caucasian female), id. ¶ 57. The panel did not recommend the plaintiff for a second-round interview, and Ms. Martin—who received higher interview scores from each of the panelists—was ultimately selected for the position. Id. ¶¶ 57, 59-60. All three panelists explained that Ms. Martin was more qualified than the plaintiff, who lacked experience with procurement and contracts and was not as experienced in human resources or technological support. Id. ¶¶ 61-64. Ms. Martin had no prior EEO activity. Pl.’s SMF ¶ 7.

Ms. Mahoney learned of the plaintiffs EEO activity “sometime after she started at BJA in July of 2012.” Def.’s SMF ¶ 92. The parties and the record are silent as to whether the other two interviewers were aware of the plaintiffs protected activity.

5. Fifth Non-Selection in Early 2013

The plaintiff applied for another GS-14 position, Supervisory Grants Management Specialist, in November of 2012. Def.’s SMF ¶ 65; Def.’s Mot., Ex. 60, ECF No. 7-4. The vacancy announcement describes the job duties for this position as including reviewing, analyzing, and tracking awar-dee compliance with the terms, of the grant; overseeing risk assessments, financial reviews, and audits of grant awardees; providing training to staff, management, program officials, awardees, and others; overseeing a variety, of pre- and post-award tasks including designing solicitations, reviewing applications, conducting financial reviews of applicants, and negotiating the terms of grant awards; evaluating the effectiveness of grants; and supervising employees performing work at the GS-7 through GS-13 level. Def.’s Mot., Ex. 60.

A panel consisting of Edison Aponte, Jonathan Faley, and Kellie Dressier interviewed four candidates for the position between December 19, 2012, and January 4, 2013. Def.’s SMF ¶¶ 67-68. The plaintiff was the lowest-scoring candidate. Id. ¶ 71. The panel recommended Cory Randolph (African-American male) and Brenda Worthington (Caucasian female) for second-round interviews with Denise O’Donnell and Kristen Mahoney, and both candidates were offered a position in early 2013. Id. ¶¶ 69-70. The interviewers noted that the plaintiff struggled to answer interview questions compared to the other candidates. Id. ¶¶ 72-74.

Ms. Dressier was not aware of the plaintiffs prior protected activity when she interviewed him. Id. ¶ 76. Mr. Aponte’s most recent participation in the plaintiffs EEO activity prior to this non-selection occurred on August 23, 2012, when an EEO investigator interviewed Mr. Aponte. Id. ¶ 77. As noted, Mr. Aponte also was aware that he had been named in one of the plaintiffs EEO complaints. Id. Mr. Faley had most recently been involved in the plaintiffs EEO conduct when he signed a statement for an EEO investigator on August 24, 2012, though he had first learned of the plaintiffs protected activity over a year before that. Id. ¶ 78. Ms. O’Donnell became aware of the plaintiffs EEO activity shortly after June 2011, id. ¶ 91, and, as previously noted, Ms. Mahoney became aware of his EEO activity at some point after she started at the BJA in July of 2012, id. ¶ 92.

6. Sixth Non-Selection in Early 2013

Also in late 2012, the plaintiff applied for a GS-14 position as Senior Policy Advisor for Byrne Criminal Justice Innovation/Building Neighborhood Capacity Programs. Def.’s SMF ¶ 79. The job duties for that position entail analyzing data, with the goal of enhancing the use of research and data by staff and its stakeholders and partners; overseeing program planning, coordination of solicitations, project deliv-erables, and implementation of complex research projects related to research evidence; providing technical expertise to BJA staff and leadership; and coordinating projects with research agencies. Id. ¶ 80. Of fifteen applicants, thirteen were initially interviewed by one of two panels: a panel comprised of Rebecca Rose (Caucasian female), Clarence Banks (African-American male), and David Adams (Caucasian male), which interviewed both the plaintiff and the selectee; and another panel comprised of Cornelia Sorensen-Sigworth (Caucasian female), Jane Hodgdon (female of unknown race), and Shanetta Cutlar (African-American female). Id. ¶¶ 81-82.

The plaintiff was ranked fourth of the thirteen candidates. Id. ¶ 85. The first-round panels recommended that only the top two candidates from each panel move on to a second-round interview. Id. ¶ 86. Instead, the panel of second round interviewers—Denise O’Donnell, Elizabeth Griffin, and Kristen Mahoney (all Caucasian females)—chose to interview the top six candidates, which included the plaintiff. Id. Ultimately, in 2013, id. ¶ 93, the second-round panel selected Alissa Huntoon (Caucasian female) for the position, noting that she had “lengthy experience with law enforcement, overseeing projects that can be critical to the core projects of BCJI and BNCP” as well as strong communication skills, project-management skills, and experience representing OJP in high-level meetings. Id. ¶¶ 87, 89 (internal quotation marks omitted).

Of the three second-round interviewers, Ms. Griffith first became aware of the plaintiffs protected activity around 2007; Ms. O’Donnell first became aware of the plaintiffs protected activity shortly after June 2011; and Ms. Mahoney became aware of his protected activity at some time after she started at the BJA in July 2012. Id. ¶¶ 90-92. Both Ms. Griffith and Ms. O’Donnell had been named as responsible management officials in several of the plaintiffs EEO cases. Pl.’s SMF ¶ 9(a).

7. Seventh Non-Selection in Summer 2014

The plaintiff applied for a GS-14 position as a Senior Policy Advisor for Health and Criminal Justice in April 2014 and was not selected for the position. Def.’s SMF ¶ 94; Def.’s Mot., Ex. 44, ECF No. 7-4. The Senior Policy Advisor’s job duties include overseeing efforts to improve state, local, and tribal justice system responses to people with behavioral problems, increasing access to health care for justice-involved individuals, developing policy initiatives aimed at improving recidivism and health outcomes for justice-involved individuals, and coordinating with other agencies. Def.’s Mot., Ex. 62, ECF No. 7-4. The first-round interview panel consisted of Cornelia Sorensen-Sigworth (Caucasian female), Anna Johnson (female of unknown race), and Michael Dever (Caucasian male). Def.’s SMF ¶ 96. Based on the panel’s recommendations, Ms. Qazilbash wrote a memorandum detailing the top five candidates for a second-round interview with Ms. O’Donnell, Ms. Mahoney, and Ms. Qazilbash. Id. ¶ 97. The plaintiff was among the top five candidates. Id. Danica Binkley (Caucasian female) was selected for the position after the second-round interviews. Id.

Ms. O’Donnell had been named in the plaintiffs previous EEO complaints. Def.’s Mot., Ex. 41 at 2, ECF No. 7-4. Ms. Maho-ney had been made aware of the plaintiffs previous EEO activity by Ms. Qazilbash, Def.’s Mot., Ex. 42 at 2, ECF No. 7-4, who had been named as a responsible management official in numerous of the plaintiffs previous EEO complaints, Def.’s Mot., Ex. 43 at 1, ECF No. 7-4.

8. Time-Off and Cash Awards Denied in 2011 and 2012

The plaintiff alleges that he was “denied certain awards that his coworkers received,” including “a time-off award in 2011, a performance cash award in 2011, and [a] ... time-off award[ ] for 2012.” Compl. ¶ 42. The plaintiff avers that he “discovered through a response to a[] FOIA request that [he] was the only member of the Justice Systems Team supervised by [Ms.] Qazilbash ... who [did not] receive a special act time-off award for FY 2011.” Jeffries Deck ¶ 27. He further states that, “[t]o the best of [his] knowledge, [he] did not receive a performance cash award for FY 2011, although [he] was supposed to.” Id. ¶ 28. Finally, “[according to documents [he] received from a [FOIA] request,” the plaintiff avers that he “did not receive a time-off award for the first quarter of FY 2012,” even though some of his coworkers did receive such an award, and his award covering the first two quarters of FY 2012 “was only for six hours instead of the 10 hours that [his] female GS-13 coworkers received.” Id. ¶ 29.

II. LEGAL STANDARDS

A. Federal Rule of Civil Procedure 12(c)

Federal Rule of Civil Procedure 12(c) authorizes a party to move for judgment on the pleadings at any time “after the pleadings are closed—but early enough not to delay trial.” Fed. R. Civ. P. 12(c). “In considering a motion for judgment on the pleadings, the Court should ‘accept as true the allegations in the opponent’s pleadings’ and ‘accord the benefit of all reasonable inferences to the non-moving party.’ ” Stewart v. Evans, 275 F.3d 1126, 1132 (D.C. Cir. 2002) (quoting Haynesworth v. Miller, 820 F.2d 1245, 1249 n.11 (D.C. Cir. 1987)); Hohri v. United States, 782 F.2d 227, 241 (D.C. Cir. 1986) (explaining that, in reviewing a grant of a Rule 12(c) motion to dismiss, “allegations of the complaint should be construed favorably to the pleader”) (internal quotation marks omitted), rev’d on other grounds, 482 U.S. 64, 107 S.Ct. 2246, 96 L.Ed.2d 51 (1987). The movant is entitled to judgment under Rule 12(c) by demonstrating that “no material fact is in dispute and that it is ‘enti-tied to judgment as a matter of law.’” Peters v. Natl R.R. Passenger Corp., 966 F.2d 1483, 1486 (D.C. Cir. 1992) (citation omitted).

When, however, resolution of a motion for judgment on the pleadings relies upon material outside the pleadings, “the motion must be treated as one for summary judgment under Rule 66,” so long as the parties have been afforded “reasonable opportunity to present all the material that is pertinent to the motion.” Fed. R. Civ. P. 12(d); see also Weisberg v. U. S. Dep’t of Justice, 543 F.2d 308, 310 n.5 (D.C. Cir. 1976) (finding that consideration of “affidavits outside the pleadings” required treating a dismissal under Rule 12(c) as a grant of summary judgment in favor of the defendant, raising the question, under Rule 66(a), “whether a genuine issue as to any material fact remains to be resolved”).

B. Federal Rule of Civil Procedure 56(a)

Federal Rule of Civil Procedure 56 provides that summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The moving party bears the burden to demonstrate the “absence of a genuine issue of material fact” in dispute, Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), while the nonmov-ing party must present specific facts supported by materials in the record that would be admissible at trial and that could enable a reasonable jury to find in its favor, see Anderson v. Liberty Lobby, Inc. (“Liberty Lobby”), 477 U.S. 242, 256-57, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Allen v. Johnson, 795 F.3d 34, 38 (D.C. Cir. 2015) (noting that, on summary judgment, the appropriate inquiry is “whether, on the evidence so viewed, a reasonable jury could return a verdict for the nonmov-ing party”) (internal quotation marks omitted); see also Fed. R. Civ. P. 56(c), (e)(2)-(3).

“Evaluating whether evidence offered at summary judgment is sufficient to send a case to the jury is as much art as science.” Estate of Parsons v. Palestinian Auth., 651 F.3d 118, 123 (D.C. Cir. 2011). This evaluation is guided by the related principles that “courts may not resolve genuine disputes of fact in favor of the party seeking summary judgment,” Tolan v. Cotton, — U.S. —, 134 S.Ct. 1861, 1866, 188 L.Ed.2d 895 (2014) (per curiam), and “[t]he evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor,” id. at 1863 (quoting Liberty Lobby, 477 U.S. at 255, 106 S.Ct. 2505 (alteration in original)). Courts must avoid making “credibility determinations or weighting] the evidence,” since “[credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge.” Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 150-51, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) (internal quotation marks omitted); see also Burley v. Nat’l Passenger Rail Corp., 801 F.3d 290, 295-96 (D.C. Cir. 2015). In addition, for a factual dispute to be “genuine,” the nonmoving party must establish more than “[t]he mere existence of a scintilla of evidence in support of [its] position,” Liberty Lobby, 477 U.S. at 252, 106 S.Ct. 2505, and cannot rely on “mere allegations” or conclusory statements, see Equal Rights Ctr. v. Post Props., 633 F.3d 1136, 1141 n.3 (D.C. Cir. 2011); Veitch v. England, 471 F.3d 124, 134 (D.C. Cir. 2006); Greene v. Dalton, 164 F.3d 671, 675 (D.C. Cir. 1999); Harding v. Gray, 9 F.3d 150, 154 (D.C. Cir. 1993); accord Fed. R. Civ. P. 56(e). If “opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.” Lash v. Lemke, 786 F.3d 1, 6 (D.C. Cir. 2015) (quoting Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007)). The Court is only required to consider the materials explicitly cited by the parties, but may on its own accord consider “other materials in the record.” Fed. R. Civ. P. 56(c)(3).

C. Federal Rule of Civil Procedure 56(d)

Federal Rule of Civil Procedure 56(d) “establishes a mechanism for non-movants who lack the facts they need to seek an opportunity to gather more information before responding to a motion for summary judgment.” Grimes v. Dist. of Columbia, 794 F.3d 83, 92 (D.C. Cir. 2015); see also Crawford-El v. Britton, 523 U.S. 574, 599 n.20, 118 S.Ct. 1584, 140 L.Ed.2d 759 (1998) (noting that, under Rule 56(d)’s predecessor provision, a district judge “ha[s] discretion to postpone ruling on a defendant’s summary judgment motion if the plaintiff needs additional discovery to explore ‘facts essential to justify the party’s opposition’ ” (quoting the former Rule 56(f))).

To obtain relief under Rule 56(d) and thereby forestall summary judgment, “the movant must submit an affidavit which ‘states with sufficient particularity why additional discovery is necessary.’” Convertino v. U.S. Dep’t of Justice, 684 F,3d 93, 99 (D.C. Cir. 2012) (quoting Ikossi v. Dep’t of Navy, 516 F,3d 1037, 1045 (D.C. Cir. 2008)). Based on the language of the rule, which requires the nonmovant to show by affidavit or declaration “specific reasons” why “it cannot present facts essential to justify its opposition,” Fed. R. Civ. P. 56(d), the D.C. Circuit has outlined “three criteria” that must be satisfied. Cannon v. Dist. of Columbia, 717 F.3d 200, 207-09 (D.C. Cir. 2013) (citing Convertino, 684 F.3d at 99). First, the affidavit must “outline the particular facts [the movant] intends to discover and describe why those facts are necessary to the litigation.” Convertino, 684 F.3d at 99. Second, the affidavit “must explain why [the mov-ant] could not produce the facts in opposition to the motion for summary judgment.” Id, at 99-100 (internal quotation marks omitted). Finally, the affidavit “must show the information is in fact discoverable.” Id. at 100 (citation omitted). A district court should carefully scrutinize a Rule 56(d) affidavit to ensure that it meets the three Convertino criteria. See U.S. ex rel Folliard, 764 F.3d at 26-27; see also SEIU Nat’l Indus. Pension Fund v. Castle Hill Health Care Providers, LLC, 312 F.R.D. 678, 684 (D.D.C. 2015) (“Folliard thus directs trial courts to scrutinize Rule 56(d) motions and not to reflexively grant them.”). While dicta in Convertino suggested that “Rule 56(d) requests] should be granted more often than not,” the D.C. Circuit has since clarified that this is “incorrect.” See U.S. ex rel Folliard, 764 F.3d at 26. Instead, under this standard, “boilerplate” language or vague assertions will not do. Id. at 29 (affirming the district court’s conclusion that a “boilerplate discovery request” is insufficient to obtain additional discovery under Rule 56(d)); see also Morales v. Humphrey, 309 F.R.D. 44, 48 (D.D.C. 2015) (“Rule 56(d), moreover, may not be used to defeat a motion for summary judgment when there is ‘mere speculation’ of evidence not yet discovered.” (quoting 11 Moore’s Federal Practice, ¶ 56.102 (Matthew Bender 3d Ed.))).

III. DISCUSSION

DOJ produced over 17,000 pages of documents in response to the plaintiffs various discovery requests in the proceedings before the EEOC. Def.’s Mem. at 3 n.3. Both parties have submitted hundreds of pages of documents and declarations from the underlying administrative proceedings to support their positions, and the parties rely on these evidentiary materials throughout their filings. Thus, while well cognizant that the plaintiff has had no opportunity to depose any of his many colleagues whom he claims were involved in the alleged discriminatory and retaliatory activity, see PL’s Mot. at 1-3, DOJ’s pending motion will be converted to a motion for summary judgment. Set against that standard, the plaintiffs claims of age and sex discrimination, and retaliation, in connection with seven non-selections and the alleged denial of cash and time-off awards during the three year period of 2011 to 2014, Compl. ¶ 1, 44, 47, will be examined to assess whether he has raised a genuine issue of material fact for trial such that “a reasonable jury could return a verdict for [him],” Liberty Lobby, 477 U.S. at 248, 106 S.Ct. 2505, and if not, whether he has explained what specific additional discovery he seeks and how such discovery would advance his case, see Convertino, 684 F.3d at 99. At the outset, the applicable statutory framework is addressed.

A. Statutory Framework

“Title VII prohibits the federal government from discriminating in employment on grounds of race or sex, and from retaliating against employees for engaging in activity protected by Title VII.” Montgomery v. Chao, 546 F.3d 703, 706 (D.C. Cir. 2008) (internal citations omitted). In this case, the plaintiff alleges all three varieties of Title VII claims. The standards governing discrimination and retaliation claims are discussed below.

1. Title VII Discrimination Claims

Under Title VII, “the two essential elements of a discrimination claim are that (i) the plaintiff suffered an adverse employment action (ii) because of the plaintiffs race, color, religion, sex, [or] national origin.” Baloch v. Kempthorne, 550 F.3d 1191, 1196 (D.C. Cir. 2008); accord Brady v. Office of Sergeant at Arms, 520 F.3d 490, 493 (D.C. Cir. 2008). Where a plaintiff presents no direct evidence of discrimination, the Court’s analysis of circumstantial evidence follows the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). “A plaintiff establishes a prima facie case of discrimination by showing that [he]: 1) is a member of a protected class; 2) suffered an adverse employment action; and that 3) the unfavorable action gives rise to an inference of discrimination.” Nurriddin v. Bolden, 818 F.3d 751, 758 n.6 (D.C. Cir. 2016). If the plaintiff establishes a prima fade case, the burden then shifts to the employer “to articulate some legitimate, nondiscriminatory reason” for its actions. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817.

While this framework generally requires the plaintiff to bear the initial burden of making out a prima fane case of discrimination, the D.C. Circuit has clarified that courts “need not—and should not—decide whether the plaintiff actually made out a prima facie case under McDonnell Douglas,” where (1) “an employee has suffered an adverse employment action” and (2) “an employer has asserted a legitimate, non-discriminatory reason for the decision.” Brady, 520 F.3d at 494 (emphasis in original). “Where an employer offers clear and reasonably specific nondiscriminatory reasons for the adverse employment action, the court need not decide whether the plaintiff has made out a prima fade case, and proceeds to the ultimate question of discrimination vel non.” Royall v. Nat’l Ass’n of Letter Carriers, AFL-CIO, 548 F.3d 137, 144 (D.C. Cir. 2008) (internal quotation marks, alteration, and citation omitted).

2. Title VII Retaliation Claims

“To prove retaliation, a plaintiff must show that ‘(1) [he] engaged in protected activity; (2) he was subject^ to an adverse employment action; and (3) there was a causal link between the protected activity and the adverse action.’ ” Baird v. Gotbaum, 792 F.3d 166, 168 (D.C. Cir. 2015) (alteration in original) (quoting Hairston v. Vance-Cooks, 773 F.3d 266, 275 (D.C. Cir. 2014)). As with disparate treatment claims under Title VII, allegations of retaliation that are based on circumstantial evidence are subject to the McDonnell Douglas three-step burden-shifting framework outlined above. To briefly recapitulate, under this framework, where an employer offers a legitimate, nondiscriminatory reason for its challenged action, the court must assume the plaintiff has made out a prima fade case of retaliation and “proceed to the question of retaliation vel non,” which can be resolved “in favor of the employer based either upon the employee’s failure to rebut its explanation or upon the employee’s failure to prove an element of [his] case,” Taylor v. Solis, 571 F.3d 1313, 1320 n.4 (D.C. Cir. 2009); see also Hernandez v. Pritzker, 741 F.3d 129, 133 (D.C. Cir. 2013) (noting that “the ‘central question’ ... is whether [the plaintiff] has produced sufficient evidence for a reasonable jury to find those reasons were but pretexts for retaliation” (quoting McGrath v. Clinton, 666 F.3d 1377, 1383 (D.C. Cir. 2012))). Focus on this “one central inquiry” is appropriate because a legitimate nondiscriminatory reason for the employer’s actions breaks the necessary “but-for causation” link between the protected activity and the adverse employment action. See Univ. of Tex. Sw. Med. Ctr. v. Nassar, — U.S. —, 133 S.Ct. 2517, 2528, 2533, 186 L.Ed.2d 503 (2013); Adeyemi v. Dist. of Columbia, 525 F.3d 1222, 1226 (D.C. Cir. 2008).

B. The Plaintiffs Non-Selection Claims

The plaintiff raises discrimination and retaliation claims for each of his seven non-selections. As will be discussed, DOJ has offered a legitimate, non-discriminatory reason for each non-selection. Thus, the plaintiffs burden as to both his discrimination and retaliation claims is to show that DOJ’s explanation is pretextual. Accordingly, the plaintiffs discrimination and retaliation claims for each non-selection are addressed in tandem.

1. First Non-Selection

The plaintiff claims that DOJ discriminated against him on the basis of his race and sex, and retaliated against him, in selecting Naydine Fulton-Jones (African-American female) and Esmerelda Womack (Caucasian female) for the Supervisory Grants Program Manager position in 2011. Compl. ¶ 24. The plaintiffs complaint states that his qualifications were “superior” to those of the Caucasian women selected, without actually comparing their relative qualifications. Id. ¶ 25.

DOJ asserts that the plaintiff was not selected for the position because he lacked the requisite qualifications and interviewed poorly. Indeed, each of the panelists attests that the plaintiff lacked the necessary professionalism, leadership skills, and communication skills for the job and that his shortcomings were brought into sharp relief during his interview. See Def.’s Mot., Ex. 8 (“Aponte Aff.”) at 4, ECF No. 7-3 (“The panel members unanimously felt that [the plaintiff! lacked the qualifications and qualifying experience for the position.... On the other hand, the selectees demonstrated qualifying experience and knowledge, and demonstrated an ability to fulfill the requirements of the job.”); Def.’s Mot., Ex. 9 (“Reid Aff.”) at 5, ECF No. 7-3 (“[The plaintiffs] entire interview was solely focused on his work with the Drug Court Program and this just did not translate into the full range of skills needed to manage state policy advis-ors .... [The plaintiff] just does not possess strong leadership skills. During the interview, I discovered that his oral communications skills were lacking.”); Def.’s Mot., Ex. 6 (“Faley Aff.”) at 5, ECF No. 7-3 (“The interview panel discussed [the plaintiffs] qualifications and responses to the interview questions and informed the selecting official that [the plaintiff] was not suitable for the position because he did not adequately articulate the qualities, skills, and knowledge that would prepare him for the position, such as explaining ... what experience ... ha[s] prepared him for staff supervision.”).

The panelists’ affidavits are consistent with their interview notes, which indicate, inter alia, that the plaintiff did not dress appropriately for his interview, Pl.’s Opp’n, Ex. 16 at 422 (noting lack of suit jacket), 433 (same), ECF No. 9-8; that he was unable to meaningfully respond to multiple questions, and in particular those questions about supervisory skills, id. at 424, 426-27, 433-34; that he “never really talked about grants,” id. at 427; and that he repeatedly referenced the same exam-pie in answering the interviewers’ questions, id. at 433. Furthermore, Tracey Trautman noted in her affidavit that the plaintiff “voluntarily provided the interview panel with a writing sample that contained grammatical, spelling and punctuation errors, which demonstrated a lack of good writing skills.” Def.’s Mot., Ex. 4 at 6, EOF No. 7-3.

The plaintiffs effort to show that DOJ’s rationale for his non-selection is pretextual fails. First, the plaintiff points to an email exchange between Tracey Trautman and Jonathan Faley in which they speculate as to how their colleagues would react upon hearing that the plaintiff was selected for a promotion. See PL’s Opp’n, Ex. 19, EOF No. 9-8. This email chain, which even the plaintiff characterizes as a “joke,” Pl.’s Opp’n at 29, occurred in March 2013, two years after the non-selection at issue here. More importantly, however, there is no evidence that would permit a jury to conclude that the authors’ attitudes toward the plaintiff were rooted in his race, sex, or protected activity. The email chain merely states that when other colleagues were jokingly told that the plaintiff was selected for the position, their faces were “priceless,” and one of 'the interview panelists, Ms. Reid, “kept say[ing] ‘what’” in an increasingly loud and agitated tone. Pl.’s Opp’n, Ex. 19. Considering the plaintiffs interview performance, Ms. Reid’s consternation upon hearing that the plaintiff was selected to fill the position is not surprising.

Second, the plaintiff attempts to show pretext by pointing to what he views as differences between his interview and other candidates’ interviews. Pl.’s Opp’n at 19. At the outset, it is worth noting the incoherence of this position: the plaintiff insists that he was entitled to a specialized and independent evaluation in advance of other candidates due to his priority consideration letter but then takes issue with minor differences between his interview process and the interview process for other applicants. The plaintiff first highlights that the interviewers’ notes from his interview were on paper rather than a rating and scoring sheet like that used for the other applicants. Id. The interviewers’ many pages of extremely thorough notes cataloguing the plaintiffs’ response to each question, as well the interviewers’ overall impressions, however, make clear that their assessment was not “entirely subjective” as the plaintiff contends. See Pl.’s Opp’n, Ex. 16. The plaintiff also points out that he was asked one fewer question than the other candidates, though the plaintiff does not explain how such fact demonstrates pretext. See PL’s Opp’n at 19. The record shows that the plaintiff was asked 14 questions and other applicants were asked 15 questions, including the 14 questions that the plaintiff was asked. See Pl.’s Opp’n, Ex. 16; Pl.’s Opp’n, Ex, 20, EOF Nos. 9-9, 9-10. The addition of a single interview question posed to other candidates is not sufficient to show any irregularity, let alone pretext.

Third, the plaintiff argues that the reasons given for his non-selection in the letter notifying him of his non-selection are “vague” and that three of the four reasons were “not directly tied to a question ... asked by the panelists.” PL’s Opp’n at 23. The letter states that the plaintiff was hot selected because: (1) he did not demonstrate the skills and experience. he had that would prepare him for a supervisory role; (2) he did not explain the methods or processes he uses to resolve issues; (3) he did not address complex grant management issues; and (4) he did not discuss program or project milestones. See Pl.’s Opp’n, Ex. 26, EOF No. 9-11. The plaintiff cites no authority for the proposition that an employer’s failure to provide exceptionally specific reasons for a non-selection can permit an inference of pretext, and the Court is aware of none. In any event, as discussed above, the broader reasons noted in the rejection letter are amply supported in the panelists’ detailed interview notes.

Next, the plaintiff notes that one of the ultimate selectees, Esmerelda Womack, “had no prior supervisory experience, did not serve as Acting Branch Chief like [the plaintiff], and in fact had taken over his responsibilities in the Program Office after he had transferred to the Policy Office in 2008.” Pl.’s Opp’n at 25. Even if Ms. Wom-ack had no previous supervisory experience, the panelists’ notes make clear that she spoke at length during her interview about how she had mentored BJA staff, providing multiple examples. See Pl.’s Opp’n, Ex. 20 at 507. Moreover, according to the panelists, it was not the plaintiffs supervisory experience, or lack thereof, that doomed his application but rather his inability to articulate how any of his experience had prepared him for the Supervisory Grants Program Manager role during his interview. By contrast, as reflected in the interviewers’ notes, Ms. Womack cited numerous examples of her experience helping staff at the BJA and articulated a vision as to how she would lead and supervise if offered the position. See, e.g., id. at 499-513.

Finally, the plaintiff points to a statement by BJA attorney Maureen Dimi-no that Kim Ball, a division supervisor, had commented that the plaintiff “‘only’ had his job in the policy office of BJA because he was black and filed an EEOC complaint.” Pl.’s Opp’n, Ex. 32, EOF No. 9-12. This comment, even if made, does not create a genuine issue of material fact as to whether the real motivation for the plaintiffs non-selection for the Supervisory Grants Program Manager position was discrimination or retaliation because the plaintiff does not allege that Ms. Ball had any role in the decision not to hire him.

In sum, then, the undisputed evidence bolsters the interviewers’ conclusion that the plaintiff was unable to explain his qualifications during his interview, dressed unprofessionally for the interview, and submitted a writing sample riddled with errors. No reasonable jury could infer that DOJ’s explanation as to why the plaintiff was not selected for the Supervisory Grants Management position was pretex-tual. The defendant is entitled to summary judgment as to the plaintiffs discrimination and retaliation claims arising out of his first non-selection.

2. Second Non-Selection

The plaintiff asserts that he applied for and was not selected for the Special Assistant position due to his race, sex, and protected activity when DOJ selected Cornelia Sorensen-Sigworth, a Caucasian female with no EEO activity, to fill the vacancy. See Compl. ¶ 26. DOJ contends that Ms. Sorensen-Sigworth was selected for the Special Assistant position because she “was deemed more qualified by the interview panel and performed better in the interview process.” Def.’s Mem. at 22. The plaintiff does not dispute that he scored seventh out of the eight applicants on his interview and came in sixth out of eight overall. Id. at 22-23. Indeed, the plaintiffs overall score was 76.09, significantly lower than Ms. Sorensen-Sigworth’s score of 96.70. Id. at 23. The panelists observed that Ms. Sorensen-Sigworth brought “years of experience developing and implementing national policy and programs to th[e] position as she ha[d] worked a number of years for both the National Institute of Justice and BJA’s Policy Office.” Def.’s Mot., Ex. 17 at 2. Furthermore, the panelists concluded that Ms. Sorensen-Sigworth was “positioned to make a seamless transition to th[e] new role supporting the Policy Office Deputy Director and leadership team.” Id One of the panelists, Ms. Williams, concluded that Ms. Sorenson-Sigworth “was more qualified than [the plaintiff] ... [because] [s]he was a lead writer of solicitations, prepared guidance for congressional responses, authored and edited an on-line ‘Gaming Paper[,]’ ... and ‘created’ a proposal to initiate a Fellowship Program,” among other things. Def.’s Mot., Ex. 16 (“Williams Aff.”) at 4-5, EOF No. 7-3.

In an effort to show that DOJ’s rationale for selecting Ms. Sorensen-Sigworth is pretextual, the plaintiff asserts that Ms. Sorensen-Sigworth “had been given a special assignment immediately prior to her selection to enhance her qualifications for the position, but [the plaintiff] still had superior qualifications to her,” without identifying any such qualifications. Compl. ¶ 27; see also Pl.’s Opp’n at 31. The plaintiff also alleges that the selectee’s supervisor, Pamela Cammarata, “determined the qualifications for th[e] position, drafted the interview questions and the scoring system, selected the interview panelists, and scheduled the interviews.” Pl.’s Opp’n at 31. Even assuming these allegations to be true, they do not create a genuine issue of material fact as to whether DOJ’s reason for selecting Ms. Sorensen-Sigworth is pretextual for several reasons.

First, the plaintiffs bald assertion in his complaint that he was more qualified does not create an issue of fact, particularly set against undisputed evidence in the record that belies this assertion. See, e.g., Williams Aff. at 4-5. Second, the fact that Ms. Sorensen-Sigworth received a special assignment might support an inference of pre-selection, but pre-selection does not violate Title VII if premised on the selec-tee’s qualifications rather than some prohibited basis. See Downing v. Tapella, 729 F.Supp.2d 88, 97 (D.D.C. 2010) (“‘[The] plaintiffs pre-selection claim does not advance his case for pretext unless he produces some evidence that discrimination [or retaliation] played a role in the selec-tee’s pre-selection and thus [the] plaintiffs non-selection.’” (quoting Oliver-Simon v. Nicholson, 384 F.Supp.2d 298, 310 (D.D.C. 2005))). The plaintiff has cited no evidence to suggest that even if DOJ had settled on Ms. Sigworth-Sorenson in advance of the interviews such pre-selection was based on race, sex, or protected activity. Here, moreover, the panelists’ affidavits make clear that Ms. Sorensen-Sigworth was selected not only because of her qualifications but also due to her superlative interview performance, especially as compared to the plaintiffs dismal interview performance. See Def.’s Mot., Ex. 17 at 1 (“Ms. Sigworth is the highest ranking candidate for this position based on the combination of her overall scores for her interview, work history, experience, and resume.”).

Finally, regarding the plaintiffs concerns that Ms. Sorenson-Sigworth’s supervisor, Ms. Cammarata, directed the interview process, the undisputed record evidence shows that Ms. Cammarata thought highly of the plaintiff. Indeed, Ms. Cammarata stated in her affidavit that she was “a fan of Tim Jeffries” and sought to be his first-line supervisor in November 2010 so that she “would have the opportunity to work directly with [the plaintiff].” Def.’s Mot., Ex. 47 (“Cammara-ta Aff.”) at 18, ECF No. 7-4. Thus, if anything, Ms. Cammarata’s involvement in the interview process likely redounded to the plaintiffs benefit.

In sum, then, DOJ has supported with evidence its proffered rationale for selecting Ms. Sorensen-Sigworth, and the plaintiff has done nothing to establish that this reason is pretextual. Accordingly, DOJ is entitled to summary judgment as to the plaintiffs discrimination and retaliation claims arising out of the plaintiffs non-selection for the Special Assistant position.

3. Third Non-Selection

In the latter part of 2012, the plaintiff was not selected for the position of Senior Policy Advisor for Evidence Integration. The plaintiff claims that DOJ’s hiring decision was based on the plaintiffs race, sex, and previous EEO activity. Compl. ¶ 28. Again, the plaintiffs complaint summarily asserts that his qualifications were “superior” to those of the se-lectee, Clarence Banks. Id. ¶ 29. DOJ contends that summary judgment is warranted as to the plaintiffs discrimination and retaliation claims arising out of this non-selection because the record shows that Mr. Banks was the more qualified applicant. Def.’s Mem. at 26-27.

As to this non-selection, the record evidence conclusively shows that no reasonable jury could find that DOJ discriminated against the plaintiff based on race or gender in not selecting, him for the Senior Policy Advisor position. For starters, the selectee, Mr. Banks, is an African-American male, and this significantly undercuts the plaintiffs discrimination claims. See, e.g., Murray v. Gilmore, 406 F.3d 708, 715 (D.C. Cir. 2005) (“[A] replacement within the same protected class cuts strongly against any inference of discrimination.”); Burley v. Nat’l Passenger Rail Corp., 33 F.Supp.3d 61, 76 n.15 (D.D.C. 2014),

Beyond that, the vacancy announcement for the Senior Policy Advisor position shows that the position is focused primarily on research and data analysis, Def.’s Mot., Ex. 58, and the applicants’ résumés make clear that Mr. Banks was plainly the more qualified candidate. Mr. Banks holds a PhD in Interdisciplinary Social Science with a focus on Criminal Justice. Defi’s Reply, Ex. 66, ECF No. 16. Prior to beginning work at DOJ, Mr. Banks served as a Senior Research Associate & Evaluation Coordinator at the Michigan Prisoner Reentry Initiative for nearly three years. Id. Prior to that, he worked as a Technical Assistance Coordinator & National Research Team member for six years. Id. Mr. Banks held numerous other research-oriented positions. See id. His résumé lists 13 publications. Id. The plaintiff, in contrast, holds one graduate degree, a Master of Social Work. Def.’s Reply, Ex. 67, ECF No. 16. Furthermore, the plaintiff has far fewer awards than Mr. Banks, lists no publications on his résumé, and has much less research experience. Id.

As a last-ditch effort to show that he was more qualified than Mr. Banks, the plaintiff contends that he “was the only applicant to collaborate with the National Institute of Justice on a joint solicitation to package evidence into useful tools, and he had worked with research partners to select a provider to disseminate research integration to drug court practitioners, which should have been highly relevant to the duties of the position.” Pl.’s Opp’n at 33. The plaintiffs conclusory assertion as to what experience is relevant is of limited value. Even so, the plaintiffs own description of his work with the National Institute of Justice shows that it did not involve research or data analysis—the key responsibility for the position of Senior Policy Advisor for Evidence Integration. See Def.’s Mot., Ex. 21 (“Griffith Aff.”) at 4-6, ECF No. 7-3 (“[The plaintiff] oversaw the grant and collaboration with NIJ [National Institute of Justice], but did not do the research translation work himself. In contrast, the other candidates had both overseen multiple research projects ... and had also conducted their own research and evaluate [sic] projects, and used research and data methods in their programs.”).

Based on the foregoing, a reasonable jury could not conclude that DOJ discriminated or retaliated against the plaintiff in selecting Mr. Banks for the position of Senior Policy Advisor for Evidence Integration. Accordingly, DOJ is entitled to summary judgment as to the plaintiffs claims arising out of the plaintiffs non-selection for the Senior Policy Advisor for Evidence Integration position.

4. Fourth Non-Selection

Next, the plaintiff asserts that DOJ discriminated and retaliated against him when he was not selected to fill the Administrative Services and Logistics Director vacancy. Compl. ¶ 31. Again, the plaintiff claims that he was more qualified than the selectee, Michelle Martin (Caucasian female). Id. ¶¶ 31-32. DOJ contends that Ms. Martin was chosen because she “made a better impression on the interview panel” and was more qualified than the plaintiff, and that the plaintiff cannot produce evidence to show that DOJ’s reason is pretextual. Def.’s Mem. at 28.

DOJ’s argument prevails, as the plaintiff effectively conceded to the interviewers that he did not possess the requisite experience for the job. See Def.’s SMF ¶¶ 61-63. During his interview, the plaintiff was asked whether he was “well versed and experienced in the various areas of the vacancy announcement, specifically, human resources, contracting, procurement, [and] technology support.” Def.’s Mot., Ex. 26 at 2. The plaintiff indicated that he was not particularly experienced in the relevant areas and, according to one interviewer’s notes, stated that he was applying for the job because he “[w]ould like to be the director of an agency and needs the admin[istrative] experience to do this.” Id. Indeed, one of the interviewers, Shanetta Cutlar, recalled in an affidavit that the plaintiff was not selected for the position because “[h]e readily identified that he did not have ... experience in the area,” and that he informed the interviewers that he was “looking to learn how to do the job because he wanted to be better prepared for [another] job.” Def.’s Mot., Ex. 29 (“Cutlar Aff.”) at 3, ECF No. 7-3. By contrast, the interviewers’ notes reflect that Ms. Martin had indirect experience with procurement and contracting, significant experience in technology support, as well as experience with human resources— a response that would clearly instill more confidence than the plaintiff’s response concerning his experience. Defi’s Mot., Ex. 26 at 2, 7, 12, ECF No. 7-3.

In the face of his admission that he did not possess the requisite experience for the Administrative Services and Logistics Director position, the plaintiff feebly endeavors to establish pretext by arguing that the selection process was plagued by a number of irregularities. See PL’s Opp’n at 34-35. In particular, the plaintiff points to (1) “substantial changes to the KSAs for the position before the vacancy” was announced, “which raise[s] the possibility that [the position] was tailored for [the selectee];” (2) “conflicting information on who the third panelist was;” (3) “the fact that both [Ms.] Mahoney’s and [Ms.] O’Donnell’s affidavits are missing from the ROIs and were never produced;” and (4) “the lack of any documentation of how the applications of [the plaintiff] and [Ms.] Martin were specifically scored by HR versus the panelists.” Id. at 34.

The last three alleged “irregularities” are not probative of pretext, as they are not “inconsisten[cies] with established policies” or “violation[s] of protocol.” Perry v. Shinseki, 783 F.Supp.2d 125, 138-40 (D.D.C. 2011). Instead, they are alleged evidentiary gaps identified during after-the-fact administrative proceedings. The alleged alteration of the KSAs prior to the vacancy announcement may under some circumstances be used to demonstrate tailoring, which, in turn, may be used to show pretext. Here, however, the plaintiff does not even attempt to explain how the KSAs were changed with Ms. Martin in mind, ie,, how the modifications match up with her qualifications. Indeed, some changes were so generalized that it is hard to see how they could be tailored to a particular candidate. For example, DOJ deleted “[planned and executed work assignments” from the list of KSAs. PL’s Opp’n, Ex. 51 at 7, EOF No. 9-17. Other changes were so minor as to not represent substantive changes at all. For example, the KSA titled “[cjonveyed information in written form” was deleted, and a KSA titled “[ajbility to communicate in writing” was added. Id. at 4. Yet other KSAs were altered to provide more detail and context. For example, the DOJ changed one KSA from “[a]bility to provide program management advice and assistance” to “[ajbility to provide advice and guidance to senior management on administrative functions within an organization including human resources, contracting, procurement, and technology support.” Id. at 3. In short, the plaintiff has not raised a genuine issue of material fact based on the KSA changes as to preOselection, let alone preOselection based on race, sex, or protected activity. See Porter v. Shah, 606 F.3d 809, 816 (D.C. Cir. 2010) (“[The plaintiff] has not shown that changing the job criteria was ‘so irregular or inconsistent with [the agency’s] established policies as to make its hiring explanation unworthy of belief.’ ” (quoting Simms v. Oklahoma ex rel Dep’t of Mental Health & Substance Abuse Seros., 165 F.3d 1321, 1330 (10th Cir. 1999))). Accordingly, summary judgment is granted in favor of the defendant as to the plaintiffs claims arising out of his non-selection for the Administrative Services and Logistics Director position.

5. Fifth Non-Selection

The plaintiff also alleges that he was discriminated and retaliated against when he was not chosen for the Supervisory Grants Management Specialist opening in 2013. Compl. ¶ 33. DOJ selected Brenda Worthington (Caucasian female) and Cory Randolph (African-American male), neither of whom had any previous EEO activity. Id. DOJ asserts that the selectees were chosen because they interviewed significantly better than the plaintiff. See Def.’s Mot. at 31. DOJ points out that the plaintiff “scored last of the four candidates” who were interviewed and “significantly lower than the two [selectees].” Id. (emphasis in original). Indeed, the plaintiffs cumulative score was 93, just over half the score of Ms. Worthington at 157 and Mr. Randolph at 163. Def.’s Mot., Ex. 31 at 1, ECF No. 7-3.

As the interviewers later recounted by affidavit, they “were looking for two main qualities” in candidates for the Supervisory Grants Management Specialist: “[f]irst, a high level of technical expertise in grants management, because the new hire would manage grants and oversee the assigned grants management staff[, and] [s]econd, ... leadership experience or ability, because this new hire [would] supervise people and need to understand how to allocate work and motivate people.” Pl.’s Opp’n, Ex. 48 (“Trautman Aff.”) at 3, ECF No. 9-16; accord Def.’s Mot., Ex. 28 (“Dressier Aff.”) at 3, ECF No. 7-3; Def.’s Mot., Ex. 32 (“Aponte Aff. II”) at 3, ECF No. 7-3; Def.’s Mot., Ex. 34 (“Faley Aff. II”) at 3, ECF No. 7-3. Ms. Trautman, who conducted second-round interviews for the position along with Ms. O’Donnell, noted that both selectees “had extensive grants management knowledge” and that Ms. Wor-thington had “supervisory experience in a previous position” and that Mr. Randolph “demonstrated a high level of knowledge of leadership, coaching and mentoring techniques based on his work with a nonprofit organization.” Trautman Aff. at 3. In contrast, the interview panelists uniformly explained that the plaintiffs responses to interview questions “did not adequately address the question or all parts of the questions, and some of the examples he cited to support this response did not correspond” to the question asked. Dressier Aff. at 4; see also Aponte Aff. II at 3 (“[The plaintiff] did not demonstrate any of the skill sets we sought. He did not fully answer the questions. He also did not show adequate experience with dealing with employees and being a team lead.”); Faley Aff. II at 4 (“[The plaintiff] did not