Allison v. Wash. Metro. Area Transit Auth.
Allison v. Wash. Metro. Area Transit Auth.
Opinion of the Court
Before the Court is Defendant's Motion for Summary Judgment. Upon consideration of the entire record in this case, and in light of my obligation to draw "all justifiable inferences" in favor of the non-moving party, Anderson v. Liberty Lobby, Inc. ,
I. BACKGROUND
Plaintiff Jerry Allison, an African-American man, alleges that Defendant Washington Metropolitan Area Transit Authority (WMATA) failed to promote him to Warehouse Manager because of his race, thus violating Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2. He further contends that after he filed discrimination complaints, WMATA retaliated by burdening him with unfair responsibilities, placing him on a Performance Improvement Plan, giving him poor performance evaluations, and ultimately terminating his employment, in violation of 42 U.S.C. § 2000e-3. Second Am. Compl. 7-8. Following discovery, WMATA filed a Motion for Summary Judgment.
II. LEGAL STANDARDS
"Title VII of the Civil Rights Act makes it unlawful for an employer to 'fail or refuse to hire... any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.' " Brady v. Office of Sergeant at Arms ,
A motion for summary judgment will only be granted if "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). At this stage, "[c]redibility determinations, [and] the weighing of the evidence" are not a judge's role. Anderson ,
[W]here an employee has suffered an adverse employment action and an employer has asserted a legitimate, non-discriminatory reason for the decision, the district court need not-and should not -decide whether the plaintiff actually made out a prima facie case under McDonnell Douglas . Rather, in considering an employer's motion for summary judgment...the district court must resolve one central question: Has the employee produced sufficient evidence for a reasonable jury to find that the employer's *6asserted non-discriminatory reason was not the actual reason and that the employer intentionally discriminated against the employee on the basis of race, color, religion, sex, or national origin?
Brady ,
III. ANALYSIS
Mindful of these standards, I conclude that judgment as a matter of law is not appropriate at this juncture, because at least two material factual disputes preclude summary judgment.
The first genuine dispute of material fact is whether Tara Wasiak, a Caucasian woman who was the incoming Director of Storerooms and Material Logistics, was at least partially motivated by racial bias when the decision was made to hire Timothy St. John, a white male, rather than Mr. Allison, who is African-American. On this point, WMATA points to Mr. Allison's so-so performance during the first round of interviews, after which Vyron Johnson-an African-American man who at the time served as the hiring manager, Mr. Allison's second-line supervisor, and the Director of Storerooms and Material Logistics-told Mr. Allison, "Jerry, that wasn't your best interview," and his poor performance in the second round, when he scored the lowest of three candidates. Mot. Summ. J. 7, WMATA's St. Mat. Facts. However, a reasonable jury could potentially find that Mr. Allison was better-qualified for the Warehouse Manager role that Mr. St. John: although Mr. St. John had extensive experience in logistics and a bachelor's degree, Mr. Allison had extensive experience in the specific field of warehouse management for transit authorities, and had even served as WMATA's acting Warehouse Manager. Mot. Summ. J. ECF # 20-27, 20-28. Even more importantly, I cannot say as a matter of law that a reasonable jury could not draw an inference of discrimination from the optics of the hiring process. After the two African-American members of the hiring panel (Mr. Johnson and Raphael "Ray" Alfred, an African-American man) prepared and signed Mr. Allison's selection letter, the panel's only white member did not sign the letter and thereby select Mr. Allison, then the highest-scoring interviewee. Instead, Ms. Wasiak waited until Mr. Johnson retired, whereupon she became the hiring manager, and opened the interview process to outside candidates. After interviewing these candidates with a two-member panel-in violation of a WMATA policy requiring consistent panels, Opp. Ex. J-Ms. Wasiak ultimately selected Mr. St. John. Although Ms. Wasiak has a track record of hiring minority candidates, a reasonable jury could draw an adverse inference from the fact that Ms. Wasiak denies knowledge of the selection memo that both Mr. Johnson and Mr. Alfred remember, compare Opp. Ex. G 48:09-11 with Opp. Ex. E 34:19-35:05 and Opp. Ex. R at 24:10-13, and from the fact that another WMATA employee has filed race, religion, age, and national origin discrimination claims against Ms. *7Wasiak. Mot. for Leave to File, Exs. AB, AC.0F
The second genuine dispute of material fact is whether WMATA's actions in assigning Mr. Allison the Midlife Overhaul Program, giving him negative performance reviews, placing him in a Performance Improvement Plan (PIP), and ultimately terminating him were motivated by a desire to retaliate for his discrimination claims. "To prove retaliation, the plaintiff generally must establish that he or she suffered (i) a materially adverse action (ii) because he or she had brought or threatened to bring a discrimination claim." Baloch v. Kempthorne ,
In particular, it is unclear at this stage whether Mr. St. John and/or Ms. Wasiak were aware of Mr. Allison's pending EEO complaints at the time of the assignment of the Midlife Overhaul Program. Mr. Allison testified that when he spoke with Mr. St. John about the EEOC complaint, Mr. St. John said that "he was already aware," Opp. Ex. B at 130:15-131:9, and that the only justification Mr. St. John gave for the assignment at the time, was that "Tara [Wasiak] supports me giving this to you." Id. at 129:18-21. Although significant evidence supports a nondiscriminatory interpretation of Mr. Allison's treatment, "a factfinder could infer intentional discrimination" on the evidence presented. See Aka ,
IV. CONCLUSION
For these reasons, WMATA's Motion for Summary Judgment is hereby DENIED.
SO ORDERED.
Upon consideration of Plaintiff's Motion for Leave to File a Supplement Brief in Opposition to Defendant's Motion for Summary Judgment, and For Sanctions, the motion is GRANTED in part and DENIED in part. I GRANT Plaintiff leave to file its supplemental brief, and will consider the arguments made therein. Plaintiff's request for sanctions is DENIED, without prejudice to him re-raising the issue through a motion in limine at the appropriate time.
Accordingly, the record consists of the docket, the Second Amended Complaint, WMATA's Answer thereto, WMATA's Motion for Summary Judgement and Statement of Material Facts Not in Dispute, Plaintiff's Opposition and Statement of Material Facts in Dispute, WMATA's Reply, Plaintiff's Motion for Leave to File a Supplemental Brief in Opposition to Defendant's Motion for Summary Judgment and For Sanctions, the memorandum in support thereof, the Supplemental Brief itself, WMATA's Opposition to that motion, Plaintiff's Reply, and the exhibits attached to all of the above-mentioned filings.
Reference
- Full Case Name
- Jerry ALLISON v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
- Cited By
- 3 cases
- Status
- Published