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Stern v. Shulkin

Financial Distress From Job's Loss Not Irreparable Harm Warranting Preliminary Injunction

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   Plaintiff commenced this action on January 17, 2018, alleging violations of the Rehabilitation Act and Title VII of the Civil Rights Act of 1964. See Dkt. No. 1. Plaintiff later obtained counsel and filed a second amended complaint. See Dkt. No. 21. In her second amended complaint, Plaintiff alleges that Defendant subjected her to discrimination on the basis of her sex and disability and retaliated against her for engaging in protected activities, in violation of Title VII and the Rehabilitation Act. See id. at 1. Plaintiff has filed a motion for a preliminary injunction. See Dkt. No. 41. Specifically, Plaintiff seeks to prevent the execution of a Proposed Removal Action issued by the Bureau of Veteran’s Affairs (the “VA”) and to prohibit certain former and current supervisors from entering Plaintiff’s home at any time during the pendency of this action.1 See Dkt. No. 41-1 at 1. Oral argument on the motion was held on Tuesday, December 10, 2019. For the following reasons, Plaintiff’s motion is denied. II. BACKGROUND Plaintiff has been an employee of the VA since 2012. See Dkt. No. 41-1 at 8. The complaint alleges repeated discrimination based upon Plaintiff’s gender and disability, and retaliation for engaging in protected activities. See Dkt. No. 21. In September 2017, Plaintiff filed a formal EEOC discrimination complaint with the VA’s Office of Resolution Management (the “ORM”) alleging a hostile work environment.2 See Dkt. No. 21 at

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