“Mansplaining”

The United States District Court for the District of Columbia (Judge McFadden)  in the main declined to dismiss a discrimination complaint brought against the Architect of the Capitol

Last spring, the Acting Architect of the Capitol fired every male executive on her staff. All four were veterans over the age of forty. Four other executives kept their jobs. But they were women, and three of them were not veterans. Sensing discrimination, the terminated executives sued the Acting Architect, Chere Rexroat. They claim she fired them based on their sex, veteran status, age, and—for one Plaintiff—race. Rexroat has moved to dismiss Plaintiffs’ Amended Complaint. Because the race-based claim is not plausibly pled, the Court will dismiss it. But the others may proceed because Plaintiffs have done enough to take these claims “across the line from conceivable to plausible.”

Trouble began, according to the allegations

In many ways, this case began in November 2020 when the AOC hired a woman named Christine Leonard to serve as Director of Legislative Affairs. Id. ¶ 37. Plaintiffs allege this position carries great influence within the Office, and the person who fills this role “meets daily with the Architect.” Id. ¶ 38. Immediately, Leonard asked her predecessor why the AOC “employed so many military veterans.” Id. ¶ 40. And she asked whether Kraft was sufficiently “with it” mentally to carry out his job. Id. ¶ 41. Her criticisms continued as she settled into her new role. She “regularly and critically pointed out” that the AOC had “too many white male veterans in executive positions.” Id. ¶ 43. She accused Kraft, Baltimore, and O’Donnell of “mansplaining” during meetings. Id. ¶ 44. And she even asked then-Architect Brett Blanton to fire Kraft, although he refused. Id. ¶ 45.

In February 2023, President Biden fired Blanton “over a series of ethical violations involving impersonating a police officer, appropriating a public vehicle for private purposes, [and] giving private tours of the Capitol.” Id. ¶ 48. Upon Blanton’s exit, Rexroat became the Acting Architect. Id. ¶ 29. Leonard then redoubled her campaign to get Plaintiffs fired. She “circulated a list of executives to terminate.” Id. ¶ 47. And Plaintiffs allegedly appeared on this list. Id.

Investigation

In March 2023, the Office of the Inspector General (“OIG”) published a memo implicating 17 AOC employees in Blanton’s misconduct. Id. ¶ 56. Three Plaintiffs (Bahm, O’Donnell, and Baltimore) appeared on that list; Kraft did not. Id. Another SES-level employee named Val Hasberry also appeared on this list. Id. ¶ 72. At the time, Hasberry was the Chief of Security. Id. ¶ 75. She is a black female veteran over forty years old. Id. ¶ 78.

Shortly after OIG published this memo, Rexroat fired Plaintiffs.

Surviving claims

Leonard’s statements and close connection to Rexroat provide circumstantial evidence of sex, age, and veteran discrimination. Because the Court must “draw all inferences in [Plaintiffs’] favor,” it will credit their portrayal of Leonard’s statements at this time. Brown, 774 F.3d at 1020 (cleaned up). But if Plaintiffs wish to use these statements at summary judgment or trial, they will need facts proving “that [Rexroat] was the conduit of [Leonard’s] discriminatory motives—her ‘cat’s paw.’”

…Perhaps Rexroat’s arguments will prove exculpatory. Perhaps Plaintiffs will be unable to prove up their allegations. But right now, Plaintiffs’ allegations support “the reasonable inference that [Rexroat] is liable for the misconduct alleged” in Counts I, II, and III.

Politico reported on allegations  brought by Ms. Leonard

The complaint also includes some new eyebrow-raising allegations. Leonard contends that she saw Blanton drinking alcohol in his office with his wife and a friend before last year’s State of the Union, while he was supposed to be working on one of the biggest security nights of the year. The AOC is on the Capitol Police Board, which oversees the Capitol Police. Blanton did not respond to a request for comment.

Another part of the complaint involves the office of former Speaker Kevin McCarthy; Leonard said his staffers wanted gavels to be crafted from trees on the Capitol grounds for McCarthy to give away as gifts. That would’ve used agency staff time and funding, which she said reported as a violation of the Antideficiency Act to the agency’s general counsel. But Rexroat approved making the gavels regardless, Leonard said.

A former McCarthy aide familiar with the office’s dealings with the AOC said the AOC made such gavels as standard practice for congressional offices and McCarthy’s office did not request any as gifts. Employees did request on one occasion that, if possible and in line with what’s available for sale in the AOC-run Capitol Visitor Center gift shop,  gavels be made from fallen tree limbs on the Capitol campus, the person acknowledged.

(Mike Frisch)