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OPINION AND ORDER KELLEY, District Judge. Plaintiff Gregory A. Lewis voluntarily resigned as a deputy sheriff with the Sheriffs Office of the City of Virginia Beach, Virginia (the âSheriffs Officeâ). He subsequently filed this action pro se alleging, among other things, that the Sheriffs Office retaliated against him for filing a discrimination complaint and subjected him to a hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The matter is now before the Court on defendantâs Motion for Summary Judgment. (Docket No. 20.) For the reasons stated below, the *699 Court GRANTS the Motion for Summary-Judgment. I. Factual and Procedural History 1 In January 1998, the Sheriffs Office hired Lewis and appointed him to the rank of Deputy. The Sheriffs Office assigned Lewis to work in the City of Virginia Beach Correctional Center (the âjailâ) as a Jail Officer. Approximately one year later, Lewis was transferred, at his request, to work in the Civil Process Division of the Sheriffs Office. Within three years of beginning his employment with the Sheriffs Office, Lewis received a promotion to the rank of Master Deputy II (MDII), and he was reassigned to the jail for further training. The following year, Lewis was again transferred, at his request, to the Classification Division of the Sheriffs Office. Lewis remained in the Classification Division until he voluntarily resigned his employment with the Sheriffs Office in May 2003. In October 2002, Sergeant David N. Harris, who served as Lewisâ immediate supervisor, and Lieutenant Linda Richie, who served as Sergeant Harrisâ supervisor, recommended Lewis for a part-time position with the City of Virginia Beach Drug Court (the âDrug Courtâ). Lewisâ duties with the Drug Court were in addition to his customary responsibilities in the Sheriffs Office, and he was paid overtime wages for his work in the Drug Court. Lewis served in the Drug Court through the end of the year. Lewis received a score of âExceeds Standardsâ in every area of his performance evaluation for the year 2002. In January 2003, Lewis and a few other deputy sheriffs were present when Sergeant Harris and Deputy J.R. Gibbs discussed a planned hunting trip. During the conversation, Sergeant Harris and Deputy Gibbs described the proper method to hunt bobcat and fox. They stated that these animals are hunted in complete darkness. An audio recording of a wounded animalâs cry is used to lure the game toward the hunters. As the game approaches, the hunters use a red spotlight to illuminate the animalâs eyes. The hunters aim their rifles at the glowing eyes and shoot. During this conversation, Lewis asked Sergeant Harris and Deputy Gibbs if he could join them on their upcoming hunting trip. Sergeant Harris responded, âYeah, sure you can, do your eyes glow in the dark?â Deputy Gibbs added that he had a fur coat that Lewis could borrow and wear so that Lewis could be âmistaken for game.â 2 At the time, Lewis took no action in response to these comments. One month later, in February 2003, Lieutenant Richie and Sergeant Harris recommended that Lewis become the new entry-level supervisor in charge of the Pretrial/Work Release Office in the Classification Division. Lewis served in this position throughout the remainder of his employment. *700 Approximately two months after the hunting trip discussion, Sergeant Harris subjected Lewis to a âwritten counselingâ as discipline for various violations of standard operating procedures at the Sheriffs Office. Sergeant Harris admonished Lewis for his failure to timely comply with Sergeant Harrisâ directive to provide a typed job description of his current assignment and for his failure to request an extension to complete the task. Sergeant Harris also counseled Lewis for taking leave from work on two occasions without first contacting a supervisor and obtaining permission for the leave through the proper chain of command. In addition to the âwritten counseling,â Lewis received âverbal counselingâ from Lieutenant Richie and Sergeant Harris concerning the above incidents. One week after receiving the âwritten counselingâ described above, Lewis submitted a complaint to the Equal Employment Opportunity (EEO) Coordinator of the Sheriffs Office. He accused Sergeant Harris of engaging in âdiscriminatory actionâ when Sergeant Harris made the comment about Lewisâ eyes glowing in the dark. In his complaint, Lewis stated that he waited âso long to respond to this very serious discrimination (sic) actâ because he really enjoyed his position in the Classification Division, and he was concerned that he âwould be put on the black list and never considered for a position again.â The following day, Chief Deputy Richard T. Schoonover met with Lewis and the EEO Coordinator and advised Lewis that the Professional Standards Office would investigate Lewisâ complaint. When Lewis voiced concerns about possible retaliation, Chief Deputy Schoonover advised him that the Sheriffs Office âwould not tolerate retaliation of any kindâ and that Lewis should report any actions he believed to be retaliatory to either the EEO Coordinator or to Chief Deputy Schoonover. The following week, Lewis informed Lieutenant Richie that Deputy James Slee had been disrespectful to him. According to Lewis, he was in the courtroom as part of his Pretrial Services duties. When he asked Deputy Slee to hand certain paperwork to the judge, Deputy Slee replied, âI didnât know your legs were broken.â (Lewis Dep. 45.) Although Deputy Slee later apologized, Lewis regarded his apology as insincere. Lewis sought Lieutenant Richieâs advice on whether he should submit a Personal Conduct Report against Deputy Slee. Lieutenant Richie advised Lewis that she would work within Deputy Sleeâs chain of command by speaking to Deputy Sleeâs supervisor (who later admonished Deputy Slee through a âverbal counselingâ). Without notifying Lieutenant Richie, Lewis decided to submit a written report against Deputy Slee. As a result, Deputy Slee received a âverbal counselingâ and a Personal Conduct Report for the same incident. Following the Deputy Slee incident, Lieutenant Richie sent a detailed memorandum on March 25, 2003 to Captain Dave Van Nice outlining her concerns about Lewisâ âinability to function within the chain of command,â his âdemonstrated ... lack of concern to effectively deal with others,â and his âimproper leadership tactics.â Lieutenant Richie informed Captain Van Nice of Lewisâ âwritten counselingsâ for his failure to obtain approval prior to taking leave from work and for his failure to timely complete an assigned task. She also informed him of the incident involving Deputy Slee. Lieutenant Richie further advised Captain Van Nice that during Lewisâ service on the Drug Court, Lewis âbegan arriving to work a few minutes late.â According to Lieutenant Richie, Lewis became angry when Sergeant Harris admonished him for *701 being tardy and he received a âwritten counselingâ for his belligerence. Lieutenant Richie stated that Lewisâ âdaily job assignments were changed and the number of personnel he was assigned to supervise was reducedâ in an attempt to develop him into âa more effective supervisor.â As recounted in the March 25 memorandum, Lewisâ work performance had improved between November 2002 and January 2003. Lieutenant Richie stated that although Lewisâ âproductivity remained questionable,â he took more of a âproactiveâ role in the Classification Divisionâs decision-making process. When Lewis was made the new entry-level supervisor in charge of the Pretrial/Work Release Office, Lieutenant Richie thought that it would have been an âexcellentâ opportunity for Lewis to âassume more of a leadership role while increasing his autonomy.â Lieutenant Richie concluded her March 25 memorandum by stating that it was in Lewisâ best interest to transfer him to another division of the Sheriffs Office. Lieutenant Richie explained: Although none of these single incidents are of a serious nature, combined they demonstrate a pattern of conduct less than that expected of a supervisor. I have made every attempt available as a leader to develop and encourage MDII Lewis to become a more productive supervisor. I must be able to place complete trust and confidence in my supervisors .... MDII Lewis has violated my trust and has failed to demonstrate his ability to function within this chain of command. I [feel] that the best opportunity for MDII Lewis to reach his full potential is to transfer him to a position where he is able to work side by side with his peers to learn the intricacies of being a team player as well as a supervisor. At the time Lieutenant Richie sent this memorandum, she was not aware that Lewis had made a written complaint against Sergeant Harris for discrimination. (Richie Affidavit ¶¶ 10, 12.) After receiving a report of an internal investigation into Lewisâ complaint against Sergeant Harris, Chief Deputy Schoonover classified Lewisâ allegation as âINCONCLUSIVE.â Nonetheless, Sergeant Harris was removed from Lewisâ chain of command on March 31, 2003, and Lieutenant Richie was made Lewisâ immediate supervisor. Both Sergeant Harris and Deputy Gibbs received âwritten counselingsâ admonishing them to be sensitive to others, to avoid offensive comments, and to maintain attitudes of professionalism at all times in the workplace. One week after Sergeant Harris was removed from Lewisâ chain of command, Lewis, at his request, met with Sheriff Paul Lanteigne and Chief Deputy Mark G. Mustin. According to Lewis, he advised Sheriff Lanteigne and Chief Deputy Mus-tin of his concern that Lieutenant Richie was retaliating against him for making his complaint against Sergeant Harris. 3 Lewis declined Chief Deputy Mustinâs offer to transfer Lewis out of the Classification Division. A few days later, Lieutenant Richie filed a Personal Conduct Report against Lewis for an April 9, 2003 incident involving Bri *702 an Denicourt, an inmate in the Work Release Program. That morning, the inmate reported to his employer for work at a construction site. After the employer informed the inmate that his services would not be needed that day due to inclement weather, the inmate failed to notify the Sheriffs Office and simply went to a friendâs house. The inmate did not report back to the jail until later that evening. For over eight hours, the inmateâs whereabouts were unknown to the Sheriffs Office. At approximately 9:00 a.m. on the morning of April 9, Lewis was notified by his subordinates that the inmate was not at his place of employment and that he could not be located. In response, Lewis merely instructed his subordinates in the Work Release Program âto take the same actions they had taken the last time this situation arose.â However, Lewis failed to notify a supervisor, the Watch Commander, or the Emergency Response Team that the inmate could not be located. These failures to notify were a direct violation of the standard operating procedures of the Sheriffs Office. Lewis also failed to have the inmate subjected to a urine test upon his return to the jail. Lieutenant Richie informed Lewis that she had submitted to Chief Deputy Mustin a Personal Conduct Report concerning Lewisâ failures in the Denicourt Work Release incident. She also informed Lewis that Chief Deputy Mustin had decided to transfer Lewis out of the Classification Division âon the next movement order.â On May 15, 2003, Lewis filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). On that same date, Chief Deputy Schoonover submitted a âFinal Reviewâ of the Personal Conduct Report and concluded that Lewisâ job performance was âunsatisfactoryâ when Lewis âfailed to take proper action when it was reported to him that a work release inmate was not at his place of employment.â Chief Deputy Schoonoverâs Report was to serve as a documentation for a âcounselingâ of Lewis. However, as described below, Lewis resigned his employment before Lieutenant Richie had the opportunity to counsel him with the Report. Lewis was also involved in another incident in the Work Release/Electronic Home Monitoring (EHM) section of the Classification Division. 4 An inmate, former boxing champion Pernell âSweetpeaâ Whitaker, was improperly placed in the EHM Program in direct violation of a court order. Chief Deputy Schoonover concluded that Lewis had âfailed to supervise a subordinate who improperly enrolled [the] inmate in the EHM Program.â Lewis had explained to Chief Deputy Mustin that âhe failed to review the documentation on the EHM placement of an inmateâ because âhe was never toldâ that he was responsible for the EHM section. Following these incidents, Chief Deputy Schoonover and Chief Deputy Mustin directed that Lewis be reassigned to the jail effective June 1, 2003. Chief Deputy Mus-tin decided to transfer Lewis from his position as the Pretrial Services/Work Release supervisor after learning that Lewis had âfail[ed] to act in locating and returning a work release inmate who had not reported to his work assignment.â (Mustin Affidavit ¶ 7.) Although the transfer did not affect Lewisâs job status, rank, wages, and benefits, he perceived the transfer to be a demotion. (Lewis Dep. 22.) On May 20, 2003, Captain Van Nice sent a memorandum to Chief Deputy Mustin recommending that Lewis be demoted to the rank of Deputy. Captain Van Nice, *703 citing in particular the EHM incident involving inmate Whitaker, concluded that âLewis has shirked his responsibilities [as] a supervisor and has been unwilling to accept constructive criticism with any kind of grace.â Captain Van Nice further stated, âI donât believe [Lewis] knows the first thing about leadership and he seems unwilling to learn the skill.â Captain Van Nice also stated his opinion that Lewis was âuntrainable and uncoaehableâ and that he had âbeen given more opportunities to fit in and develop his leadership skills than anyone elseâ that Captain Van Nice could recall. The following day, May 21, 2003, Chief Deputy Mustin advised Chief Deputy Schoonover via memorandum that he concurred with Captain Van Niceâs recommendation to demote Lewis to the rank of Deputy. Citing the Whitaker EHM incident and the Denicourt Work Release incident, Chief Deputy Mustin concluded that âLewis has failed to perform in the manner expected of a supervisor in the Virginia Beach Sheriffs Office.â Lewis was not informed of the recommendations of Chief Deputy Mustin and Captain Van Nice to demote him. On May 28, 2003, Lewis submitted his letter of resignation to the Sheriffs Office, effective May 30, 2003. Lewis resigned his employment before any action was taken or any decision was made concerning the recommendations to demote him. After receiving a Right to Sue Letter from the EEOC, Lewis filed the instant action. (Docket No. 1.) Lewis alleges in his Complaint that the Sheriffs Office discriminated against him on the basis of his race and retaliated against him for his opposition to an unlawful employment practice, in violation of Title VII of the Civil Rights Act. 5 Specifically, Lewis claims that Lieutenant Richie âstarted to harass, retaliate, and create a hostile work environmentâ for Lewis after he filed his EEO complaint against Sergeant Harris. Lewis seeks, among other things, $5,000,000 in damages. II. Principles of Summary Judgment The standards courts apply in their consideration of motions for summary judgment are well-established. Summary judgment is appropriate only when âthe pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.â Fed. R.Civ.P. 56(c); see also Hunt v. Cromartie, 526 U.S. 541, 549 , 119 S.Ct. 1545 , 143 L.Ed.2d 731 (1999); Celotex Corp. v. Catrett, 477 U.S. 317, 322 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Seabulk Offshore, Ltd. v. Am. Home Assurance Co., 377 F.3d 408 , 418 (4th Cir.2004); Walton v. Greenbrier Ford, Inc., 370 F.3d 446, 449 (4th Cir.2004). An otherwise proper summary judgment motion will not be defeated by a mere factual dispute between the parties unless the dispute concerns a âgenuine issue of material fact.â Anderson, 477 U.S. at 247-48 , 106 S.Ct. 2505 ; Bouchat v. Baltimore Ravens Football Club, Inc., 346 F.3d 514, 519 (4th Cir.2003). A âmaterial factâ is a fact that might affect the outcome of a partyâs case. See Anderson, 477 U.S. at 248 , 106 S.Ct. 2505 ; JKC Holding Co. v. Wash. Sports Ventures, Inc., 264 F.3d 459 , 465 (4th Cir.2001); Commerce Funding Corp. v. Worldwide Sec. Servs. Corp., 249 F.3d 204, 209 (4th Cir.2001). Whether a *704 fact is considered to be âmaterialâ is determined by the substantive law, and â[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly- preclude the entry of summary judgment.â Anderson, 477 U.S. at 248 , 106 S.Ct. 2505 ; see also Hooven-Lewis v. Caldera, 249 F.3d 259, 265 (4th Cir.2001). A âgenuineâ issue concerning a âmaterialâ fact arises when the evidence is sufficient to allow a reasonable jury to return a verdict in the nonmoving partyâs favor. Anderson, 477 U.S. at 248 , 106 S.Ct. 2505 ; Commerce Funding Corp., 249 F.3d at 209-10 ; Brinkley v. Harbour Recreation Club, 180 F.3d 598, 614 (4th Cir.1999). Summary judgment shall be granted if the nonmoving party âfails to make a showing sufficient -to establish the existence of an element essential to that partyâs case, and on which that party will bear the burden of proof at trial.â Celotex Corp., 477 U.S. at 322 , 106 S.Ct. 2548 ; see also Hooven-Lewis, 249 F.3d at 265 ; Johnson v. Pearson, 316 F.Supp.2d 307, 313 (E.D.Va.2004). The moving party has the initial burden to show the absence of an essential element of the nonmoving partyâs case and to demonstrate that the moving party is entitled to judgment as a matter of law. Honor v. Booz-Allen & Hamilton, Inc., 383 F.3d 180, 185 (4th Cir.2004); McLean v. Patten Communities, Inc., 332 F.3d 714, 718 (4th Cir.2003); see Celotex Corp., 477 U.S. at 322-25 , 106 S.Ct. 2548 . When the moving party has met its burden to show that the evidence is insufficient to support the nonmoving partyâs case, the burden then shifts to the nĂłnmoving party to present specific facts demonstrating that there is a genuine issue for trial. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87 , 106 S.Ct. 1348 , 89 L.Ed.2d 538 (1986); Honor, 383 F.3d at 185 ; McLean, 332 F.3d at 718-19 . In meeting this burden, the nonmoving party must âgo beyond the pleadingsâ and present affidavits or designate specific facts in depositions, answers to interrogatories, and admissions on file to establish a genuine issue of material fact. Celotex Corp., 477 U, 106 S.Ct. 2548 .S. at 324; see also M & M Med. Supplies & Serv., Inc. v. Pleasant Valley Hosp., Inc., 981 F.2d 160, 163 (4th Cir.1993); Parker v. Westat, Inc., 301 F.Supp.2d 537, 540 (E.D.Va.2004). However, the nonmoving party must rely on more than conclusory allegations, âmere speculation,â the âbuilding of one inference upon another,â the âmere existence of a scintilla of evidence,â or the appearance of âsome metaphysical doubtâ concerning a material fact. See Anderson, 477 U.S. at 252 , 106 S.Ct. 2505 ; Matsushita, 475 U.S. at 586 , 106 S.Ct. 1348 ; Thompson v. Potomac Elec. Power Co., 312 F.3d 645, 649 (4th Cir.2002); Stone v. Liberty Mut. Ins. Co., 105 F.3d 188, 191 (4th Cir.1997); Tao of Sys. Integration, Inc. v. Analytical Servs. & Materials, Inc., 330 F.Supp.2d 668, 671 (E.D.Va.2004). The evidence presented must be such that a reasonable jury could find in favor of the nonmoving party. Anderson, 477 U.S. at 252 , 106 S.Ct. 2505 ; Retail Servs., Inc. v. Freebies Publâg, 364 F.3d 535 , 542 (4th Cir.2004); Tao of Sys. Integration, Inc., 330 F.Supp.2d at 671 . Summary judgment is not a âdisfavored procedural shortcut.â Celotex Corp., 477 U.S. at 327 , 106 S.Ct. 2548 ; Sibley v. Lutheran Hosp. of Md., Inc., 871 F.2d 479 , 483 n. 9 (4th Cir.1989); Brown v. Mitchell, 327 F.Supp.2d 615, 628 (E.D.Va.2004). Rather, the summary judgment procedure is properly regarded as an âintegral partâ' of the Federal Rules of Civil Procedure, which are designed to obtain a just, expeditious, and inexpensive resolution of every civil matter. Celotex Corp., 477 U.S. at 327 , 106 S.Ct. 2548 ; Sibley, 871 F.2d at 483 n. 9; Graham v. Pactiv Corp. Benefits *705 Comm., 301 F.Supp.2d 483, 491-92 (E.D.Va.2004). A court âmust take special careâ when considering a summary judgment motion in an employment discrimination case because the employerâs âmotive is often the critical issue.â Beall v. Abbott Labs., 130 F.3d 614, 619 (4th Cir.1997); Evans v. Techs. Applications & Serv. Co., 80 F.3d 954, 958 (4th Cir.1996); Ballinger v. N.C. Agric. Extension Serv., 815 F.2d 1001, 1005 (4th Cir.1987). Nevertheless, summary judgment remains an appropriate disposition when the plaintiff is unable to prevail on his or her discrimination claims as a matter of law. Beall, 130 F.3d at 619 ; Evans, 80 F.3d at 958-59 . III. Analysis A plaintiff proceeding under Title VII of the Civil Rights Act of 1964 may prove his case in one of two ways. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 318 (4th Cir.2005); Hill v. Lockheed Martin Logistics Mgmt., Inc., 354 F.3d 277 , 284 (4th Cir.2004); Equal Employment Opportunity Commân v. Clay Printing Co., 955 F.2d 936, 940 (4th Cir.1992); Goldberg v. B. Green & Co., 836 F.2d 845, 847-48 (4th Cir.1988). First, he or she may establish a claim for discrimination âunder the ordinary standards of proof by direct or indirect evidence relevant to and sufficiently probative of the issue.â Clay Printing Co., 955 F.2d at 940 ; see also Diamond, 416 F.3d at 318 ; Hill, 354 F.3d at 284; Goldberg, 836 F.2d at 847 . Alternatively, he or she may proceed under the burden-shifting framework established by the United States Supreme Court in McDonnell Douglas Corporation v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). See Diamond, 416 F.3d at 318 ; Hill, 354 F.3d at 285; Clay Printing Co., 955 F.2d at 940 ; Goldberg, 836 F.2d at 847 . Because Lewis has not presented evidence of discriminatory intent, the Court will examine his claims of discrimination using the McDonnell Douglas burden-shifting framework. See Hill, 354 F.3d at 284-85; Thompson, 312 F.3d at 649 ; Brinkley, 180 F.3d at 606-07 ; El v. Tek Sys., Inc., 311 F.Supp.2d 516, 519 (E.D.Va.2002); Wilder v. Southeastern Pub. Serv. Auth., 869 F.Supp. 409, 413 (E.D.Va.1994). Under the McDonnell Douglas framework, a plaintiff asserting a claim under Title VII has the initial burden to prove a prima facie case of discrimination by a preponderance of the evidence. McDonnell Douglas Corp., 411 U.S. at 802 , 93 S.Ct. 1817 ; see also Raytheon Co. v. Hernandez, 540 U.S. 44, 50 , 124 S.Ct. 513 , 157 L.Ed.2d 357 (2003); St. Maryâs Honor Ctr. v. Hicks, 509 U.S. 502, 506 , 113 S.Ct. 2742 , 125 L.Ed.2d 407 (1993); Mackey v. Shalala, 360 F.3d 463, 468 (4th Cir.2004). Once the plaintiff establishes a prima facie case, the burden shifts to the defendant to articulate a âlegitimate, nondiscriminatory reasonâ for the defendantâs employment action. McDonnell Douglas Corp., 411 U.S. at 802 , 93 S.Ct. 1817 ; see also Raytheon Co., 540 U.S. at 50 , 124 S.Ct. 513 ; St. Maryâs Honor Ctr., 509 U.S. at 506-07 , 113 S.Ct. 2742 ; Mackey, 360 F.3d at 468 . If the defendant meets this burden, then âthe presumption raised by the prima facie case is rebuttedâ and the presumption âdrops from the case.â St. Maryâs Honor Ctr., 509 U.S. at 507 , 113 S.Ct. 2742 (quoting Tex. Depât of Cmty. Affairs v. Burdine, 450 U.S. 248 , 255 and n. 10, 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981)); see also Mackey, 360 F.3d at 468 . The plaintiff then must have a âfull and fair opportunityâ to demonstrate, through the presentation of its own evidence and the cross-examination of the defendantâs witnesses, that the defendantâs proffered reason for its employment decision was not *706 the true reason, but was merely a pretext for discrimination. St. Maryâs Honor Ctr., 509 U.S. at 507-08 , 113 S.Ct. 2742 ; Burdine, 450 U.S. at 253, 255-56 , 101 S.Ct. 1089 ; Hill, 354 F.3d at 285; see Bryant v. Bell Atl. Md., Inc., 288 F.3d 124, 133 (4th Cir.2002). Although the McDonnell Douglas framework shifts the burden of production between the parties, the plaintiff retains the âultimate burdenâ of persuasion. St. Maryâs Honor Ctr., 509 U.S. at 508 , 113 S.Ct. 2742 ; Burdine, 450 U.S. at 253 , 101 S.Ct. 1089 ; see Hill, 354 F.3d at 285. A. Retaliation To establish his prima facie case of retaliation, Lewis must prove that: (i) he engaged in a protected activity; (ii) he suffered an âadverse employment actionâ; and (in) a causal connection existed between the protected activity and the asserted adverse action. See Honor, 383 F.3d at 188 ; Mackey v. Shalala, 360 F.3d 463, 469 (4th Cir.2004); King v. Rumsfeld, 328 F.3d 145, 150-51 (4th Cir.2003); Giang v. Potter, 369 F.Supp.2d 763, 769 (E.D.Va.2005). To establish the existence of the second element, i.e., âadverse employment action,â Lewis must prove that the Sheriffs Office committed a discriminatory act that adversely affected the terms, conditions, or benefits of his employment. See James v. Booz-Allen & Hamilton, Inc., 368 F.3d 371, 375 (4th Cir.2004); Thompson, 312 F.3d at 650-51 ; Von Gunten v. Maryland, 243 F.3d 858, 866 (4th Cir.2001). Lewisâ claim for retaliation fails because there is no evidence in the record that he suffered any adverse effect on the terms, conditions, or benefits of his employment. The principal retaliatory act that Lewis identifies is his planned transfer from the Classification Division to the jail. While Lewis may subjectively view this as a demotion, the transfer would have no impact on Lewisâ rank, salary, or employment benefits. Moreover, reassignments and transfers are a routine part of the normal operations of the Sheriffs Office. Lewis was transferred several times throughout his employment to various divisions of the Sheriffs Office, including the jail. For example, when Lewis was first promoted to the rank of Master Deputy II, he was immediately reassigned to the jail. âThe mere fact that a new job assignment is less appealing to the employee ... does not constitute adverse employment action.â James, 368 F.3d at 376 ; see also Peary v. Goss, 365 F.Supp.2d 713, 722 (E.D.Va.2005). Reassignment to a different job position cannot form the basis for a valid Title VII claim if the plaintiff cannot show that the reassignment had âsome significant detrimental effect.â James, 368 F.3d at 376 ; Boone v. Goldin, 178 F.3d 253, 256 (4th Cir.1999); Peary, 365 F.Supp.2d at 722 . â[Ajbsent any decrease in compensation, job title, level of responsibility, or opportunity for promotion, reassignment to a new position commensurate with oneâs salary level does not constitute an adverse employment action even if the new job does cause some modest stress not present in the old position.â Boone, 178 F.3d at 256-57 ; see also James, 368 F.3d at 376 ; Peary, 365 F.Supp.2d at 722-23 . âCongress did not intend Title VII to provide redress for trivial discomforts endemic to employment.â Boone, 178 F.3d at 256 . Nor may Lewis establish an âadverse employment actionâ by relying on Captain Van Niceâs and Chief Deputy Mustinâs recommendations to demote Lewis in rank. Lewis was not informed of the recommendations to demote him, and he voluntarily resigned from the Sheriffs Office before any action was taken concerning the recommendations. Moreover, there is no evidence that the recommendations necessarily would have been followed. *707 It is entirely possible that Lewis would have received only a âcounselingâ or some other form of admonishment once the Sheriffs Office further investigated the matter. 6 Even if Lewis had established an adverse employment action, his claim would still fail because Lewis is unable to show the third element of his prima facie case, i.e., a causal connection between the protected activity and the alleged adverse action. In order to establish the requisite causal connection, a plaintiff must, at a minimum, show that the relevant decision-maker was aware that the plaintiff had engaged in a protected activity. Constantine v. Rectors & Visitors of George Mason Univ., 411 F.3d 474, 501 (4th Cir.2005); Dowe v. Total Action Against Poverty in Roanoke Valley, 145 F.3d 653, 655 (4th Cir.1998); see Hooven-Lewis, 249 F.3d at 277-78 ; Gibson v. Old Town Trolley Tours of Wash., D.C., Inc., 160 F.3d 177 , 181 (4th Cir.1998). Since âan employer cannot take action because of a factor of which it is unaware, the employerâs knowledge that the plaintiff engaged in a protected activity is absolutely necessary to establish the third element of the prima facie case.â Dowe, 145 F.3d at 657 . Lieutenant Richie averred that she first learned that someone had filed a complaint against Sergeant Harris during the second half of March 2003 when investigators from the Professional Standards Division interviewed other personnel in the Classification Division as part of their investigation into the complaint. (Richie Affidavit ¶ 3.) According to Lieutenant Richie, she did not know of the complaint when she sent Captain Van Nice the March 25, 2003 memorandum recommending that Lewis be transferred to the jail. (Richie Affidavit ¶¶ 10-12.) Lieutenant Richie averred that her recommendation was based solely on Lewisâ âconduct and inability to function within the chain of command in the Classification Division.â (Richie Affidavit ¶ 12.) Lieutenant Richie did not learn that it was Lewis who had filed the complaint against Sergeant Harris until Sergeant Harris was removed from Lewisâ chain of command on March 31, 2003. (Richie Affidavit ¶ 4.) Lieutenant Richie first learned of the substance of Lewisâ complaint only after Lewis filed his EEOC Charge on May 15, 2003. (Richie Affidavit If 5.) Lewis testified repeatedly in deposition that he did not know whether Lieutenant Richie actually knew of his complaint against Sergeant Harris. (Lewis Dep. 32-34.) Lewis further testified that he merely assumed that Lieutenant Richie was aware of the complaint. (Lewis Dep. 34-35.) During oral argument before this Court, Lewis conceded that, other than the mere âsequence of events,â he did not have any evidence that Lieutenant Richie knew of his complaint at the time of her alleged retaliatory action. Accordingly, the record is âutterly devoid of evidenceâ that Lieutenant Richie âharbored any retaliatory intentâ toward Lewis or that she even knew of Lewisâ complaint against Sergeant Harris until after she had made the recommendation to transfer Lewis. See Gibson, 160 F.3d at 181. In order for the Court to âfind causation on the basis of this bare-boned evidence,â the Court would need to âmove beyond inference and into the realm of mere speculation and conjecture.â See id. (internal quotations omitted). The Court declines to take such a journey. *708 B. Employment Discrimination Lewisâ written submissions and his oral argument to this Court suggest that the focus of his Complaint is retaliation prohibited by Title VII. Lewis does not expressly claim that the Sheriffs Office discriminated against him on the basis of his race. (Docket No. 1.) However, the Court recognizes that Lewis, as a pro se litigant, is to be treated with deference. See Ballard v. Carlson, 882 F.2d 93, 96 (4th Cir.1989); Taylor v. Wal-Mart Stores, Inc., 376 F.Supp.2d 653, 655 (E.D.Va.2005). As such, Lewisâ Complaint is to be liberally construed. See Hill v. Braxton, 277 F.3d 701, 707 (4th Cir.2002); Noble v. Barnett, 24 F.3d 582 , 587 n. 6 (4th Cir.1994); Johnson, 316 F.Supp.2d at 313 ; Levy v. Jensen, 285 F.Supp.2d 710, 713 (E.D.Va.2003). The Court therefore will construe Lewisâ Complaint as having raised a claim for employment discrimination under Title VII. 7 To establish his prima facie case of employment discrimination based on race, Lewis must prove that: (i) he is a member of a protected class; (ii) he suffered an âadverse employment actionâ; and (iii) at the time of the âadverse employment action,â his job performance met his employerâs legitimate expectations. 8 See St. Maryâs Honor Ctr., 509 U.S. at 506 , 113 S.Ct. 2742 ; Hill, 354 F.3d at 285; Brinkley, 180 F.3d at 607 ; see also Wilder, 869 F.Supp. at 413 . For the reasons stated above in the analysis of Lewisâ retaliation claim, Lewis cannot prove that he suffered any legally cognizable âadverse employment action.â C. Hostile Work Environment As with the employment discrimination claim, it is unclear whether Lewis is making a separate and distinct claim for a hostile work environment. However, in light of the deference given to pro se litigants, see Ballard, 882 F.2d at 96 ; Taylor, 376 F.Supp.2d at 655 , and the liberal construction afforded to their pleadings, see Hill, 277 F.3d at 707 ; Noble, 24 F.3d at 587 n. 6; Johnson, 316 F.Supp.2d at 313 ; Levy, 285 F.Supp.2d at 713 , the Court will construe Lewisâ Complaint to raise such a claim. To establish his claim for a racially hostile work environment, Lewis must show that he was subjected to conduct that was: (i) unwelcome; (ii) based on race; and, (iii) sufficiently pervasive or severe to alter the conditions of his employment and *709 create an abusive atmosphere. See Honor, 383 F.3d at 190 ; White v. BFI Waste Servs., LLC, 375 F.3d 288, 296-97 (4th Cir.2004); Spriggs v. Diamond Auto Glass, 242 F.3d 179, 183 (4th Cir.2001). Further, Lewis must also prove that âthere is some basis for imposing liabilityâ on the Sheriffs Office. See Honor, 383 F.3d at 190 ; White, 375 F.3d at 297; Spriggs, 242 F.3d at 184 . The determination whether a hostile work environment has been created includes both objective and subjective components. Anderson v. G.D.C., Inc., 281 F.3d 452, 459 (4th Cir.2002); see Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 , 114 S.Ct. 367 , 126 L.Ed.2d 295 (1993). The work environment must be such that a reasonable person would find it hostile or abusive, and the plaintiff must also âsubjectively perceive the environment to be abusive.â Harris, 510 U.S. at 21 , 114 S.Ct. 367 ; see also Equal Employment Opportunity Commân v. R & R Ventures, 244 F.3d 334, 339 (4th Cir.2001). âIn assessing whether a work environment is objectively hostile, a court must consider âall the circumstances,â including âthe frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employeeâs work performance.â â Anderson, 281 F.3d at 459 (quoting Harris, 510 U.S. at 23 , 114 S.Ct. 367 ); see also R & R Ventures, 244 F.3d at 339 . Lewis cannot successfully assert a racially hostile work environment claim based solely on Sergeant Harrisâ comments concerning Lewisâ eyes âglowingâ in the dark. â[M]erely offensiveâ conduct and âisolated incidentsâ do not serve to create a hostile work environment. See Clark County Sch. Dist. v. Breeden, 532 U.S. 268, 271 , 121 S.Ct. 1508 , 149 L.Ed.2d 509 (2001); Harris, 510 U.S. at 21 , 114 S.Ct. 367 ; Brinkley, 180 F.3d at 608 . âTitle VII was not designed to create a federal remedy for all offensive language and conduct in the workplace.â Hopkins v. Baltimore Gas & Elec. Co., 77 F.3d 745, 754 (4th Cir.1996); see also Brinkley, 180 F.3d at 608 . Lewisâ complaints about being transferred laterally and being disciplined for workplace infractions also do not rise to the level of a hostile work environment. Moreover, there is no evidence that the alleged conduct of which Lewis complains was based on Lewisâ membership in a protected- class. Accordingly, the Sheriffs Office is entitled to summary judgment on Lewisâ hostile work environment claim. TV. Conclusion For the reasons stated above, the Motion for Summary Judgment of the Sheriffs Office is GRANTED. The Clerk is hereby DIRECTED to forward a copy of this Opinion and Order to all counsel of record. IT IS SO ORDERED. 1 . In deciding the Motion for Summary Judgment, the Court must view the facts, and the inferences reasonably drawn from those facts, in the light most favorable to Lewis. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 , 106 S.Ct. 1348 , 89 L.Ed.2d 538 (1986); Smith v. Contâl Cas. Co., 369 F.3d 412, 417 (4th Cir.2004); Nguyen v. CNA Corp., 44 F.3d 234, 237 (4th Cir.1995). 2 . During an internal investigation conducted by the Sheriffâs Office, Deputy Gibbs explained that he was merely "jokingâ when he suggested that Lewis wear a fur coat. Deputy Gibbs further stated that "no one appeared offendedâ during the conversation and that everyone left together later in the shift "laughing and joking.â Lewis did not file a complaint concerning Deputy Gibbsâ comment, and he has not complained about Deputy Gibbsâ comment before this Court. 3 . Both Sheriff Lanteigne and Chief Deputy Mustin deny that Lewis mentioned any concern about possible retaliation from Lieutenant Richie, and maintain that they merely discussed the investigation into Lewisâ complaint against Sergeant Harris and the response of the Sheriffâs Office. (Lanteigne Affidavit ¶¶ 3-5; Mustin Affidavit ¶¶ 3-5.) They both claim that Lewis did not report his allegations against Lieutenant Richie prior to the Sheriff's Officeâs receipt of his Notice of Charge from the Equal Employment Opportunity Commission. (Lanteigne Affidavit ¶ 3; Mustin Affidavit ¶ 3.) 4 . It is unclear in the record whether this incident occurred in April or May 2003. 5 . Lewisâ claims for defamation under Va. Code § 18.2-209 and for violation of the Virginia Human Rights Act, Va.Code §§ 2.2-2639 and -3900, were dismissed by previous Order of this Court. (Docket No. 14.) 6 . Lewis also complains that Lieutenant Richie retaliated against him by denying him permission to attend a seminar. Even if true, this decision did not affect the terms, benefits, or conditions of Lewis' employment. Accordingly, the incident does not constitute an "adverse employment actionâ for purposes of the present proceedings. 7 . The liberal construction applied to a pro se complaint has its limits. Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir.1985); Johnson, 316 F.Supp.2d at 313-14 ; Bracey v. Buchanan, 55 F.Supp.2d 416, 421 (E.D.Va.1999). The Court is not required to "conjure up questions never squarely presentedâ in the complaint. Beaudett, 775 F.2d at 1278 ; see also Levy, 285 F.Supp.2d at 713 ; Bracey, 55 F.Supp.2d at 421 . âDistrict judges are not mind readers. Even in the case of pro se litigants, they cannot be expected to construct full blown claims from sentence fragments.â Beaudett, 775 F.2d at 1278 ; see also Johnson, 316 F.Supp.2d at 313-14 ; Bracey, 55 F.Supp.2d at 421 . 8 . A prima facie case for racial discrimination traditionally includes a fourth factor: whether the plaintiffs job position remained open to, or was filled by, similarly qualified applicants outside of the plaintiff's protected class. See St. Mary's Honor Ctr., 509 U.S. at 506 , 113 S.Ct. 2742 ; Hill, 354 F.3d at 285; Brinkley, 180 F.3d at 607 ; Wilder, 869 F.Supp. at 413 n. 1. However, the proof required for a plaintiff to establish a prima facie case will vary depending on the facts of each case. McDonnell Douglas Corp., 411 U.S. at 802 n. 13, 93 S.Ct. 1817 . As such, âthe prima facie proof required from [the plaintiff] is not necessarily applicable in every respect to differing factual situations.â Id. Because Lewis voluntarily resigned his employment with the Sheriff's Office, the Court need not consider this fourth factor in the present case. See Wilder, 869 F.Supp. at 413 n. 1.
Case Information
- Court
- E.D. Va.
- Decision Date
- January 17, 2006
- Status
- Precedential