Zhang v. Lockheed Martin Corporation

Filing 67

MEMORANDUM. Signed by Judge J. Frederick Motz on 3/11/2016. (c/m 3/11/2016 nd2s, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

EMILY ZHANG

v.
LOCKHEED MARTIN CORP., ET AL.

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Civil No. - JFM-13-3898

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MEMORANDUM

Plaintiff has brought this pro se action for employment discrimination.
been completed, and defendants have filed a motion for summary judgment.

Discovery has
The motion will be

granted.
The record makes clear that plaintiff is a highly intelligent woman. Further, the record
makes clear that she was subjected to an extremely unfortunate conversation, which might
reasonably be considered to involve sexual harassment, with Donna Deng. Deng apologized to
plaintiff for what she said during the conversation. Plaintiff nevertheless remained hurt and
upset. However, Deng was an employee of Booz Allen Hamilton which was working with
defendant Lockheed Martin under what was known as the "FAME" contract with the General
Services Administration, and was not under the control of Lockheed Martin. Plaintiff
complained about the incident and thereafter she was discharged. However, the record makes
clear that the discharge was the result of budget reductions to the FAME contract that resulted in
numerous Lockheed Martin employees being laid off. In connection with the layoff, plaintiff
was compared with Trun Tran who had the same job code as plaintiff. When plaintiff was
measured against Tran, her rating was lower than his, resulting in her layoff. Thus, although
plaintiffs

position was understandable, she has no claim.
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It is also to be noted that plaintiffs claims against the individual defendants fail. Under

42 U.S.c. Sl981 only supervisors may be held liable, and supervisors "'cannot be liable under
SI981 unless they intentionally cause [an employer] to infringe the rights secured by [that]
section.'"

Tibbs v. Baltimore City Police Dep't, 2012 WL 3655564, at *6 (D. Md. Aug. 23,

2012). Here, there is no evidence that plaintiff's supervisors participated in the decision to layoff
plaintiff.
A separate order granting defendants' motion is being entered herewith.

Date:

11'///1
J. rederick Motz
nited States District Judge

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