Brett Steele v. James Mattis
Opinion
*945 The Department of Defense hired Dr. Brett Steele to teach at the National Defense University's College of International Security Affairs. During his probationary first year of instruction, the College decided to terminate his contract. Dr. Steele filed suit, asserting that his contract was ended because of his age. The district court granted summary judgment to the Department of Defense. Because the Department has failed to provide a consistent and sufficient explanation for Dr. Steele's discharge, and because Dr. Steele has come forward with evidence that a supervisor directly involved in the decisionmaking process made repeated discriminatory remarks, we reverse the district court's grant of summary judgment and remand for further proceedings.
I
A
As applied to the federal government, the Age Discrimination in Employment Act of 1967 (ADEA),
To establish a disparate treatment claim under the ADEA, a plaintiff can rely on direct evidence of discriminatory intent, as well as indirect evidence from which a discriminatory motive for the employment decision could be inferred. For the latter, a plaintiff can state a
prima facie
case of age discrimination in a termination decision by coming forward with evidence showing that he (i) was 40 or older, and so falls within the ADEA's protective reach; (ii) was otherwise qualified for the position in which he was working; (iii) was terminated; and (iv) was replaced by someone younger.
Paquin v. Federal Nat'l Mortgage Ass'n
,
*946 B
In August 2010, the Department of Defense hired Dr. Brett Steele to serve as an associate professor at the National Defense University's College of International Security Affairs. The College is a Department component that offers educational programs for professionals on interagency and international security matters. Dr. Steele was 47 years old when he was hired. The Department hired him for a three-year term, but the first year was probationary.
Halfway through his probationary year, a dispute arose between Dr. Steele and his supervisors, including Dean Querine Hanlon and Dr. Alejandra Bolanos, over Dr. Steele's teaching methods and curriculum decisions. In particular, the supervisors expressed concern that he strayed from the required syllabus and used an "unapproved concept" in teaching one of his subjects.
Steele v. Carter
,
Around that same time, the College was hit with budgetary cuts. After its request for a waiver of the funding losses was denied, the College decided that it would have to terminate three faculty positions, and that it would choose them only from among its six probationary faculty. In May 2011, the College made the decision to terminate Dr. Steele, Dr. Art Westneat, and Seth Malaguerra, effective three months later at the end of the summer semester. According to Dr. Steele, he was never informed of the reason for his termination. Dr. Steele later resigned on the eve of his termination date to avoid "getting the horrible black mark of being terminated from a Government position" and in the hope of obtaining other employment opportunities in the future. J.A. 729.
According to evidence put forward by Dr. Steele, Dr. Bolanos had made comments directly to him stating that young colleagues "are such a breath of fresh air," "eager to please," and the "kind of * * * people who are making [the College] marvelous," while older employees are "stubborn" and "difficult to work with." J.A. 264, 881. Dr. Steele further alleged that Dr. Bolanos told him that the College had become "much better" because "all these younger people" were hired. J.A. 173. Dr. Bolanos denied making those statements.
Steele
,
During the Fall semester, three other faculty members took over Dr. Steele's teaching responsibilities. One of them was under 40 years of age at the time; the other two were over 40. Shortly after his termination, the College hired two new associate professors, both of whom were under the age of 40. They each taught different subjects than Dr. Steele had. Within a year of Dr. Steele's discharge, the College brought on board a third younger professor who took over the teaching of most of Dr. Steele's courses. J.A. 171-172, 798.
C
In July 2011, Dr. Steele filed an informal equal employment opportunity complaint with the Department alleging that he was being improperly terminated because of his age. When that complaint was not resolved favorably, Dr. Steele filed a formal complaint with the Department of Defense's equal employment opportunity office in November 2011. Eighteen months later, the Department denied his complaint.
*947 Dr. Steele then filed suit in the United States District Court for the District of Columbia, alleging unlawful age discrimination, retaliation for exercising his statutory rights, a hostile work environment based on his age, and constructive discharge, all in violation of the ADEA.
The district court granted summary judgment for the government. The district court first concluded that Dr. Steele failed to provide any direct evidence of age discrimination, concluding that the comments Dr. Bolanos made were just "stray remarks," and were not relevant because Dr. Bolanos did not make the actual termination decision. The court also found insufficient indirect evidence of age discrimination, concluding that the government had offered a legitimate, lawful explanation for Dr. Steele's termination-budgetary cuts-and that Dr. Steele had failed to show that the government's explanation was pretextual. Finally, the district court dismissed Dr. Steele's claims of retaliation and hostile work environment on the ground that they were unsupported by relevant evidence. 1
II
We have jurisdiction to review the district court's final judgment under
Looking at the record as a whole, the district court erred in holding that, as a matter of law, no reasonable jury could disbelieve the government's proffered explanation for the discharge and rule in Dr. Steele's favor. Dr. Steele came forward with evidence both discrediting the government's asserted basis for its decision and supporting a reasonable inference of discriminatory motivation. That is not to say that Dr. Steele will necessarily prevail. At the summary judgment stage, we hold only that Dr. Steele has created genuinely disputed facts that are material to the question of whether age was the true reason for his discharge. Which side of that factual dispute is correct is for a jury to decide.
A
The district court held, and the Department does not dispute, that Dr. Steele made out a
prima facie
case of age discrimination.
Steele
,
*948
Given that the government met its burden of coming forward with a nondiscriminatory reason for the discharge, we "skip ahead to the third step in the test" and ask whether the plaintiff has come forward with a sufficient evidentiary basis on which a reasonable juror could find that age discrimination caused or was a factor in the discharge.
Wheeler v.Georgetown Univ. Hosp.
,
B
When confronted with evidence of a legitimate nondiscriminatory reason for the employer's challenged action, the plaintiff, as part of his ultimate burden of persuasion, must come forward with evidence that would allow a jury to credit his evidence of age discrimination and discredit the employer's seemingly nondiscriminatory motivation. That may be done either "indirectly by showing the employer's reason is pretextual or directly by showing that it was more likely than not that the employer was motivated by discrimination."
Forman v. Small
,
First
, the district court committed legal error at the outset by holding that the College was "to be given heightened deference," so that Dr. Steele faced an "even heavier burden of showing pretext than usual."
Steele
,
Deference may well be appropriate when the question before the court turns on the merits of an academic disagreement or a plaintiff's substantive qualifications for the position.
See, e.g.
,
Fisher v. University of Texas
, --- U.S. ----,
It is not clear that the College in this case rested its termination decision on such a "genuinely academic decision."
Ewing
,
Second , a reasonable juror could disbelieve the College's stated budgetary rationale because it was both insufficient and inconsistent. It was insufficient because, while the budget reductions seemingly necessitated the termination of three faculty members, that does not explain why Dr. Steele was one of those whose job was chosen for the chopping block. In other words, the College came forward with a legitimate, nondiscriminatory rationale for firing someone , but not for firing Dr. Steele rather than another probationary faculty member.
In the absence of an individualized explanation for why or how Dr. Steele was chosen, jurors could sensibly conclude that the College's story comes up short. To jurors, the College's proffered rationale could ring especially hollow when combined with the refusal of the Dean and other supervisors to tell Dr. Steele at the time of his termination why he had been targeted. See J.A. 153, 255, 607-608, 747. If the budget made the College do it, why hide that reason from Dr. Steele?
What is more, Dr. Steele identified two probationary employees who were substantially younger than he was-Hans Ucko and Paul Miller-who were untouched by the budget cuts. While, as the district court noted, Ucko and Miller had different backgrounds and experience than Dr. Steele,
Steele
,
In addition, the record shows that "[l]ast minute reductions across [the College] enabled the hiring of two faculty members" who were significantly younger than Dr. Steele, and well under 40 years of age. J.A. 146. On top of all that, the instructor later selected to teach most of the courses Dr. Steele had taught was also materially younger than Dr. Steele. J.A. 171-172, 798.
The College was also inconsistent in its explanations. While officials kept their lips
*950
sealed at the time of the discharge decision, during the equal employment opportunity grievance process, evidence surfaced indicating that Dr. Steele might have been fired because of his performance, not due to budget cuts. The Chancellor referred to Dr. Steele as a "very irresponsible professor,"
Steele
,
Given all of that, a reasonable jury could conclude that the College's explanation for Dr. Steele's termination has been a moving target, evolving from unexplained silence, to performance-based complaints, to an insistence that the budget and definitely not Dr. Steele's performance issues drove the decision, even though the budget cuts alone cannot explain why Dr. Steele himself was fired. 2 Those inconsistencies and insufficiencies, especially when combined with Dr. Steele's replacement by a younger worker, could spark reasonable disbelief.
Third
, on top of the variability in explanations for the termination, Dr. Steele came forward with direct evidence of age discrimination on the part of a potentially influential participant in the termination decision. Dr. Steele alleges that his first-level supervisor, Dr. Bolanos made a number of statements disparaging older workers and favoring younger ones. Specifically, according to Dr. Steele, Dr. Bolanos told him that older employees are "stubborn," "difficult to work with," and "cantankerous." J.A. 259, 264, 709. Dr. Bolanos also allegedly "pointed to a particular older person as a case study in why it's not good to have lots of older employees at [the College]." J.A. 261. At the same time, Dr. Bolanos effused that "young people are such a breath of fresh air," "eager to please," "work hard," are "enthusiastic," and are the "kind of young people who are making [the College] marvelous." J.A. 264, 709. Dr. Bolanos also told Dr. Steele that the College had become "much better" because "all these younger people" were hired. J.A. 173. To be sure, Dr. Bolanos denied making those statements. J.A. 882. But at the summary judgment stage, that "he said, she said" credibility determination must be resolved in favor of Dr. Steele. So we, like the district court, assume that Dr. Bolanos made those statements for purposes of resolving this appeal.
See
Steele
,
The College backhands those comments as "stray remark[s]" and "unrelated" to Dr. Steele's termination because Dr. Bolanos did not have a "role in making the removal decision." Government Br. at 31. The district court agreed.
Steele
,
To start, the law is settled that an employer's liability for the discriminatory acts of its agents goes beyond the final decisionmaker-the person actually making the hiring or firing decision. The actions of a discriminatory supervisor that feed into and causally influence the decisionmaker's ultimate determination may also be the proximate cause of an adverse employment action.
*951
Staub v. Proctor Hospital
,
Dr. Bolanos was Dr. Steele's immediate supervisor, J.A. 13, and admits to being present at the meeting and "in those discussions" where the decision to terminate Dr. Steele was made. J.A. 745 (Dr. Bolanos testifying that "there was feedback given to my leadership * * * with several concerns" about Dr. Steele, "and at some point, there was a decision made that maybe Dr. Steele was possibly not the best match for the organization. I basically was present in those discussions."). Dr. Bolanos went on to acknowledge that, regarding Dr. Steele's termination, she "was involved, not necessarily in decision, but yes, in discussion of issues that may be connected to that, yes."
Nor can Dr. Bolanos's offensive remarks about older workers be brushed off as "stray" and immaterial. Quite the opposite, a few months before the first adverse reports on Dr. Steele's work, Dr. Bolanos allegedly gave voice to the very type of "arbitrary" stereotypes and prejudices about older workers' abilities that Congress enacted the ADEA to halt.
See
* * * * *
The question at this procedural juncture is not which of the competing explanations for Dr. Steele's termination is correct. A reasonable jury might well credit the College's budgetary or competence rationales if proven, or even find that performance issues informed the decision of which probationary professors to let go during the budgetary winnowing. Nor is the question *952 of whose factual evidence is more credible-Dr. Steele's or the College's-before us. Our task at the summary judgment stage is more humble than that. We ask only whether, taking all of the evidence together, it would as a matter of law be irrational for jurors to disbelieve the College's assorted rationales and to credit Dr. Steele's version of events. Looking at the record as a whole and construing the evidence, reasonable inferences, and credibility judgments in Dr. Steele's favor, we hold that a reasonable jury could credit Dr. Steele's version of events given, inter alia , the evidence that Dr. Steele used to support his prima facie case, the gaps and variations in the College's proffered explanation for the firing, Steele's ultimate replacement by a younger employee, the hiring of several other younger faculty members within the same year as Steele's budgetary termination, and the comments overtly hostile to older employees made by Dr. Steele's front-line supervisor who was directly involved in discussions about his termination.
For that reason, we reverse the district court's grant of summary judgment and remand for further proceedings consistent with this opinion.
So ordered.
Dr. Steele has not challenged the dismissal of his retaliation or hostile work environment claims on appeal.
By page 31 of its brief in this court, the Department has come to describe the termination decision as based on both "budgetary considerations and the qualifications of the competing candidates."
See also
Forman
,
The phrase "cat's paw" derives from an Aesop fable in which "a monkey induces a cat by flattery to extract roasting chestnuts from the fire" and, "[a]fter the cat has done so, burning its paws in the process, the monkey makes off with the chestnuts and leaves the cat with nothing."
Staub
,
Reference
- Full Case Name
- Brett STEELE, Appellant v. James MATTIS, Secretary of Defense, Appellee
- Cited By
- 25 cases
- Status
- Published