Johnson v. Unified Government of Athens-Clarke County
Johnson v. Unified Government of Athens-Clarke County
Opinion of the Court
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Plaintiff Lamar Johnson, proceeding pro se, brings this employment discrimination action contending his former employer, Defendant Unified Government of Athens-Clarke County (the County), discharged him based on his age in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (ADEA). Before the Court is Defendant’s Motion for Summary Judgment. Having fully considered this
LEGAL STANDARD
Under Rule 56 of the Federal Rules of Civil Procedure, the Court must grant summary judgment “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.”
The moving party “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact” and that entitle it to a judgment as a matter of law.
Because Plaintiff is proceeding pro se, the Court must afford him wide latitude when construing his pleadings and papers.
BACKGROUND
For over 35 years, Plaintiff worked for Defendant as a computer operator in its Computer Information Services (CIS) De
After Plaintiff graduated from high school in 1974, he immediately entered the Army and served as a medic. After his discharge from the Army in 1975, Plaintiff attended Athens Technical College for one year where he obtained a certificate as a computer technician. In 1976, Defendant hired Plaintiff as a computer operator in its CIS department.
As a Computer Operator II, Plaintiffs main responsibilities involved the physical removal, replacement, categorization, restoration, and maintenance of the back-up tapes that stored electronic information from various governmental departments, including the police department, voter registration department, and tax assessor’s office.
Every year the County must pass an operating budget. In November 2011, the County began formulating an operating budget for the 2013 fiscal year (FY13). On November 11, 2011, Government Manager Alan Reddish sent a memorandum to all department directors directing them to prepare budget requests for FY13. All departments, including the CIS department where Plaintiff worked, were required to provide a target budget which would equal the department’s previous year’s budget, as well as a separate budget proposal identifying service reductions equal to 5% of the department’s total target budget, including personnel and non-personnel costs.
As requested, CIS Department Director Lanny Robinson submitted a budget proposal containing a 5% reduction. Robinson listed Plaintiffs Computer Operator II position as one of the items to be eliminated because Plaintiffs main job responsibilities were becoming obsolete. Robinson stated,
At that point, [Defendant] was in the process of changing from the existing system where [Plaintiff] would physically install and remove tapes on a daily basis. Instead, a new system was being installed which was being digitized so that the electronically stored information was being moved off site automatically. That system, when fully implemented, would eliminate the need for*1339 the labor required in order to install and remove backup tapes on a daily basis.16
In his budget submission, Robinson outlined how eliminating Plaintiffs position would impact the delivery of governmental services. Certain duties would have to be assumed by other positions. The PC Technician would assume the duties of receiving computer equipment and maintaining the main and remote computer rooms. The Security and Recovery Analyst would assume the duties regarding the physical rotation and preparation of backup tapes in remote locations where an automatic backup system was not feasible. Ultimately, however, Plaintiffs main duties would be eliminated, and Robinson believed eliminating Plaintiffs position and an agreement with Microsoft “were the only realistic options to submit a reduced budget without cutting services to a totally unacceptable level.”
After receiving all of the government departments’ budgetary submissions, the County Manager prepared a proposed balanced budget to the Mayor. The Manager initially proposed no reductions in expenditures but did propose an increase in the millage rate to balance the budget. The Mayor did not want an increase in the millage rate. The Mayor’s final recommended budget to the Athens-Clarke County Commission (the Commission) included certain cuts, but the elimination of Plaintiffs Computer Operator II position was not one of them. Ultimately, however, the Commission adopted a recommended budget eliminating Plaintiffs position, along with several others.
At the end of May 2012, CIS Department Director Robinson met with Plaintiff and informed him his position would likely be abolished by the County Commissioners.
On June 26, 2012, Plaintiff applied for a Systems Analyst I position in the CIS Department. This position included designing, modifying, and writing database extraction programs, managing software usage, and training users.
Defendant did not hire Plaintiff for a Systems Analyst I position. Instead, in July 2012, Defendant hired Patti Henry and Julia Dalton. Henry held a bachelor’s degree in Information Systems from Georgia State University and had approximately 19 years’ experience working with computer software, including work as a programmer and analyst.
On July 2, 2012, Plaintiff applied for a Records Technician position with the Police Department. This position required two years of general office experience involving records management and administration experience. The Police Department, however, cancelled the posting shortly after the job was posted, and no one was employed to fill the position at that time.
In September, CIS Department Director Robinson again met with Plaintiff and informed him the abolishment of his Computer Operator II position was being postponed until December 31, 2012. Robinson mentioned several County departments he thought had open positions where Plaintiff would “be a good fit,” including the Leisure Services Department and the Finance Department.
On December 19, 2012, Plaintiff applied for two positions: Program Specialist in the Department of Leisure Services and Systems Analyst'll in the CIS Department. The Program Specialist is responsible for developing, supervising, and evaluating programs, instructing classes for the Department of Leisure Services.
The Systems Analyst II position included designing, modifying, and configuring hardware and software usage, and training operators and users.
After Plaintiffs Computer Operator II position was officially abolished on December 31, 2012, and Plaintiff was not rehired with the County, Plaintiff filed suit claiming Defendant unlawfully discriminated against him based on his age, in violation of ADEA. The County brings the current Motion seeking summary judgment on Plaintiffs claims.
DISCUSSION
Plaintiff brings two claims under the ADEA: (1) Defendant unlawfully eliminated his position based on his age, and (2) Defendant failed to employ him in an alternative position because of his age. The ADEA’s purpose is “to promote employment of older persons based on their ability rather than age,”
A plaintiff may support a claim under the ADEA through either direct or circumstantial evidence.
First, a plaintiff must establish a prima facie case of age discrimination.
If Plaintiff establishes a prima fa-cie case, the burden of production shifts to the employer “to articulate a legitimate, nondiscriminatory reason for the challenged employment action.”
Here, even assuming Plaintiff could establish a prima facie case of age discrimination on both of his claims, the record contains no evidence of pretext to
No evidence shows Defendant intended to abolish Plaintiffs position because of his age. On the contrary, the evidence establishes the elimination was the result of a thoughtful process by multiple participants for budgetary reasons. Due to the anticipation of the decline in property tax revenues and other financial concerns, department directors were directed to submit proposed departmental budgets with reductions of 5%. In accordance with this directive, the CIS Department Director recommended the elimination of the Computer Operator II position because the position’s main responsibility—to physically install and remove computer backup tapes on a daily basis—was becoming unnecessary, as Clarke County was in the process of digitizing its computer backup system so that electronically stored information would be automatically moved off site. The Director felt this elimination was the only realistic option without cutting services to an unacceptable level. Although the Mayor and the County Manager submitted budgets to the County Commission that did not eliminate the Computer Operator II position, the Commission ultimately adopted a FY13 budget that eliminated Plaintiffs position and several others.
As to Defendant’s failure to rehire him, the evidence establishes Defendant’s decision was based on the qualifications of the applicants. The ADEA “does not mandate that employers establish an interdepartmental transfer program during the course of an RIF, ... or impose any added burden on employers to transfer or rehire laid-off workers in the protected age group as a matter of course.”
Moreover, Plaintiff fails to establish Defendant had any discriminatory intent in not rehiring him. The record reflects no evidence Defendant consciously refused to consider retaining or relocating Plaintiff because of his age. On the contrary, the evidence shows Defendant aided Plaintiff in trying to find alternative employment. On June 5, 2012, Jeff Hale from the Human Resources Department sent an email identifying five employees, including Plaintiff, who were in need of alternative employment within the County because of medical circumstances or job abolishment, stating: “If you should see applications from them, or are contacted directly, please let me know so we can assist them
While the Court is certainly sympathetic to Plaintiffs ■ situation, there is simply no evidence showing the elimination of his position or the decision not to hire him was based on his age. Indeed, the evidence shows Defendant’s decisions were legitimately based on financial concerns over the FY13 Clarke County budget and the qualification requirements for the open positions. Unfortunately, the reality of the rapidly changing and developing technological world we live in is that certain job positions become unnecessary. Local governments must make difficult decisions based on limited budgets, and unfortunately Plaintiff was a casualty in that decision-making process because his primary responsibility—installing and replacing backup tapes for electronically stored information—was being replaced by a digitized and automated system, and he did not have the qualifications or experience necessary for the open positions requiring more advanced technological skills. This Court does not sit as a “super-personnel department,” and it does not review the wisdom of an employer’s business decisions.
CONCLUSION
For the reasons set forth above, Defendant’s Motion for Summary Judgment [Doc. 27] is GRANTED.
SO ORDERED.
. Fed. R. Civ. P. 56(a); see 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, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
. See id. at 249-52, 106 S.Ct. 2505.
. Welch v. Celotex Corp., 951 F.2d 1235, 1237 (11th Cir. 1992).
. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548 (internal quotation marks omitted).
. See Fed. R. Civ. P. 56(e); see also Celotex Corp., 477 U.S. at 324-26, 106 S.Ct. 2548.
. See Avirgan v. Hull, 932 F.2d 1572, 1577 (11th Cir. 1991).
. Fed. R. Civ. P. 56(a).
. See SEC v. Elliott, 953 F.2d 1560, 1582 (11th Cir. 1992); see also Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972) (holding pro se complaint "to less stringent standards than formal pleadings drafted by lawyers”).
. See Wayne v. Jarvis, 197 F.3d 1098, 1104 (11th Cir. 1999).
. Peterson v. Atlanta Hous. Auth., 998 F.2d 904, 912 (11th Cir. 1993) (noting lack of any reference in complaint to actual injury and inherent vagueness in pleading terms like "due process” without further elaboration).
. At the time Plaintiff was hired, the government of Athens-Clarke County was not consolidated. Thus, Plaintiff worked for Clarke County until the consolidation.
. PI. Depo., pp. 34-36 [Doc. 33].
. Id. at pp. 65-68.
. Memorandum from Alan Reddish dated Nov. 18, 2011 [Doc. 31, p. 10],
. Robinson declaration, ¶6, p. 10 [Doc. 31, p. 29],
. Id.
. PL Depo., pp. 41-42.
. Job Abolishment Notice, dated June 7, 2012 [Doc. 31, p. 33].
. PL Depo., pp. 54-55.
. Id. at 55-56.
. Id. at 56, 60.
. Job Posting Systems Analyst I Computer Information Services [Doc. 31, pp. 45-48].
. Id. at pp. 46-47.
. Id. at p. 46.
. Application for Employment, Patti Henry [Doc. 31, pp. 67-76],
. Application for Employment, Julia Dalton [Doc. 31, pp. 78-88].
. Application for Employment, Ryan Lan-dreth [Doc. 31, pp. 89-100].
. PL Depo., pp. 47-48.
. Job Abolishment Notice-Change, dated September 24, 2012 [Doc. 31, p. 34].
. Job Posting Program Specialist Leisure Services, [Doc. 31, pp. 56-61],
. Id.
. Id. at pp. 115-136.
. Job Posting Systems Analyst II Computer Information Services [Doc. 31, pp. 49-55].
. Id. atp. 53.
. Id.
. Application for Employment, Matt Billings [Doc. 31, pp. 101-114],
. 29 U.S.C. § 621(b).
. See id. at § 623(a)(l)-(2), 631(a).
. See Mora v. Jackson Mem’l Found., Inc., 597 F.3d 1201, 1204 (11th Cir. 2010).
. Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 177-78, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009).
. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668; See Sims v. MVM, Inc., 704 F.3d 1327, 1332-33 (11th Cir. 2013) (explaining how the burden-shifting framework for circumstantial evidence remains consistent with the Supreme Court’s decision in Gross).
. See Chapman v. AI Transp., 229 F.3d 1012, 1024 (11th Cir. 2000).
. Chapman, 229 F.3d at 1024.
. Mauter v. Hardy Corp., 825 F.2d 1554, 1557 (11th Cir. 1987) (citation omitted).
. Jones v. BE & K Eng’g Co., 146 Fed.Appx. 356, 359 (11th Cir. 2005) (citing Smith v. J. Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003)).
. Id.
. Chapman, 229 F.3d at 1024.
. Brooks v. Cnty. Com’n of Jefferson Cnty., Ala., 446 F.3d 1160, 1163 (11th Cir. 2006) (internal quotation marks and citation omitted.).
. Dulaney v. Miami-Dade Cnty., 481 Fed.Appx. 486, 489 (11th Cir. 2012).
. Id. (internal quotation marks and citation omitted).
. Id. (citation omitted).
. Id. (citation omitted).
.Id. (citation omitted).
. Smith, 352 F.3d at 1344 (citation omitted).
. Id. at 1344-45 (internal quotation marks and citation omitted).
.PI. Depo., pp. 65-68
. Email from Jeffrey Hale dated June 5, 2012 [Doc. 31, p. 138],
. See Chapman, 229 F.3d at 1030 (internal quotation marks and citation omitted).
. Rojas v. Florida, 285 F.3d 1339, 1342 (11th Cir. 2002) (internal quotation marks and citation omitted).
Reference
- Full Case Name
- Lamar JOHNSON v. UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY
- Status
- Published