Davis v. Pittsburgh Pub. Sch.

• Decision Date: 13 March 2013
• Docket Number: Civil Action No. 10–782.
• Parties: Emily DAVIS, Plaintiff, v. PITTSBURGH PUBLIC SCHOOLS, Pittsburgh Federation of Teachers, Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

930 F.Supp.2d 570

Emily DAVIS, Plaintiff,

v.PITTSBURGH PUBLIC SCHOOLS, Pittsburgh Federation of Teachers, Defendants.

Civil Action No. 10–782.

United States District Court,

W.D. Pennsylvania.

March 13, 2013.

Edward A. Olds, Pittsburgh, PA, for Plaintiff.

Brian P. Gabriel, Campbell Durrant Beatty Palombo & Miller, P.C., John A. Bacharach, Lisa G. Michel, Bacharach and Michel, Pittsburgh, PA, for Defendants.

MEMORANDUM OPINION

CONTI, District Judge.

I. Introduction

Pending before the court is a motion for summary judgment (ECF No. 41) filed by defendant Pittsburgh Public Schools (“PPS” or the “district”) and a motion for summary judgment (ECF No. 44) filed by defendant Pittsburgh Federation of Teachers (“PFT” or collectively with PPS, “defendants”). Plaintiff Emily Davis (“Davis” or “plaintiff”) initiated this action on June 8, 2010 by filing a four-count complaint alleging: (1) race and gender discrimination under Title VII of the Civil Rights Act of 1963, 42 U.S.C. § 2000e et seq. (“Title VII”) against PPS (count one); (2) age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (the “ADEA”) against PPS and PFT (count two); (3) race and gender discrimination under 42 U.S.C. §§ 1981 and 1983 against PPS and PFT (count three); and (4) age, race, and gender discrimination under the Pennsylvania Human Relations Act, 43 PA. STAT. § 951 et seq. (“PHRA”) against PPS and PFT (count four). (ECF No. 1.) On September 2, 2010, PPS filed an answer to the complaint. (ECF No. 9.) On September 3, 2010, PFT filed an answer to the complaint. (ECF No. 10.)

On March 20, 2012, after engaging in discovery, PPS and PFT each filed a motion for summary judgment and a brief in support of that motion (ECF Nos. 41, 44, 45, 46.) PPS and PFT filed a joint concise statement of material facts and appendix thereto on the same day (ECF Nos. 42, 43.) On May 9, 2012, plaintiff filed a brief in opposition to each of defendants' motions for summary judgment. (ECF Nos. 52, 53.) Plaintiff filed a response to defendants' joint concise statement of material facts on the same day. (ECF No. 51.) On June 1, 2012, PFT filed a reply brief to plaintiff's brief in opposition. (ECF No. 58.) On June 4, 2012, PPS filed a response to plaintiff's response to defendants' joint concise statement of material facts. (ECF No. 60.) PPS filed a reply brief to plaintiff's response in opposition on the same day. (ECF No. 61.) On June 5, 2012, the parties filed their combined statement of material facts. (ECF No. 62.)

After an extensive consideration of the parties' submissions and the applicable legal principles, the court concludes that in light of the summary judgment standard of review and based upon the evidence of record, plaintiff cannot prove that a similarly situated employee received more favorable treatment with respect to the elimination of her position as teacher on special assignment or that PPS' reason for her furlough, i.e., compliance with state certification requirements, was pretext for discrimination under state or federal law. The motions for summary judgment filed by PPS and PFT against plaintiff will be GRANTED.

II. Factual Background

The factual background is derived from the undisputed evidence of record and the disputed evidence of record viewed in the light most favorable to the nonmoving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (“The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor.”).

General Background

Plaintiff is an African–American female and was sixty-five years old when the events at issue in this case occurred. (ECF No. 1 ¶¶ 27, 31.) Plaintiff was employed by PPS from 1988 until she was laid off in August 2008. (Combined Statement of Material Facts (“C.S.F.”) (ECF No. 62) ¶ 7; Deposition of Plaintiff (“Pl.'s Dep.”) (ECF No. 43–2) at 8–9.) Davis has not worked since her furlough from PPS in August 2008 and has not applied for any jobs or positions since her furlough. (Pl.'s Dep. (ECF No. 43–2) at 9–10.) On April 4, 2009, Davis signed an Application for Retirement with the Public School Employees' Retirement Systems, with an effective retirement date of June 30, 2009. (Pl.'s Dep. (ECF No. 43–2) at 10–12; ECF No. 43–3 at 2–11.) PPS is a governmental entity which provides free public education to students in the Pittsburgh area. (C.S.F. (ECF No. 62) ¶ 10; ECF No. 1 ¶ 4.) PFT is a labor organization representing teachers and other professional employees who are subject to the collective bargaining agreement between PPS and PFT, Local 400, American Federation of Teachers, AFL–CIO. (C.S.F. (ECF No. 62) ¶ 11; ECF No. 43–1 at 2–10; ECF No. 1 ¶ 5.)

Between 1988 and June 2008, plaintiff worked primarily as a teacher on special assignment and in other positions connected to the central office of PPS. (C.S.F. (ECF No. 62) ¶ 9; Pl.'s Dep. (ECF No. 43–2) at 19–26; ECF No. 43–3 at 19.) Plaintiff last worked for PPS as a staff specialist with respect to business programs for the Career & Technical Education (“CTE”) department in the CTE central office. (C.S.F. (ECF No. 62) ¶ 8; Pl.'s Dep. (ECF No. 43–2) at 43–44; Deposition of Marlene Harris, Aug. 9, 2011 (“Harris' Dep. I”) (ECF No. 43–4) at 31.) That position was eliminated at the end of the 2007–2008 school year. ( Id.)

Cherri Banks (“Banks”), William Cook, Jr. (“W. Cook”), and Eunice Anderson (“Anderson”) worked in the CTE central office with plaintiff. (Deposition of Cherri Banks (“Banks' Dep.”) (ECF No. 43–8) at 8.)

Banks served as a staff specialist with respect to family consumer sciences during the same time plaintiff served as a staff specialist for business programs. (Banks' Dep. (ECF No. 43–8) at 9.)

Banks, who was born in 1952, is an African–American female. (Declaration of Susan Dobies–Sinicki (“Dobies–Sinicki's Decl.”) (ECF No. 43–6) ¶ 7.) Banks retired in June 2010. (C.S.F. (ECF No. 62) ¶ 24; Banks' Dep. (ECF No. 43–8) at 4, 6.) The last position she held in the CTE central office was as a curriculum coordinator. (C.S.F. (ECF No. 62) ¶ 26; Banks Dep. (ECF No. 43–8) at 4, 8.) W. Cook served as a staff specialist with respect to trade and industry from July 1, 2001 until he transferred to the CTE supervisor position effective August 28, 2008. (C.S.F. (ECF No. 62) ¶ 30; Dobies–Sinicki's Decl. (ECF No. 43–6) ¶ 9.) W. Cook was born in 1951 and is a white male. (Dobies–Sinicki's Decl. (ECF No. 43–6) ¶ 8.) W. Cook retired on April 4, 2011.( Id.) As staff specialists, plaintiff, Banks, and W. Cook had the same job description. (Pl.'s Dep. (ECF No. 43–2) at 44–45.) Plaintiff, Banks, and W. Cook created their job descriptions in 2006. ( Id.)

Anderson served as the director of CTE during the time period at issue in this case until her retirement. (C.S.F. (ECF No. 62) ¶ 27; Banks' Dep. (ECF No. 43–8) at 4, 8.) Anderson, who was born in 1947, is an African–American female. (Dobies–Sinicki's Decl. (ECF No. 43–6) ¶ 6.)

Dr. Julia Stewart (“Stewart”), who was born in 1943, is a white female. ( Id. at ¶ 4.) Stewart was employed by PPS as the executive director of CTE for approximately two and one-half years, from 2007–2009. (C.S.F. (ECF No. 62) ¶¶ 12, 13; Dobies–Sinicki's Decl. (ECF No. 43–6) ¶ 4; Deposition of Julia Stewart (“Stewart's Dep.”) (ECF No. 43–5) at 5; Harris' Dep. I (ECF No. 43–4) at 29.) Davis testified that the longest conversation she had with Stewart was when Stewart first became executive director of CTE and they went to lunch, at which time the subject of age came up and Davis learned that Stewart and she were only a few months apart in age. (Pl.'s Dep. (ECF No. 43–2) at 47–48.) Plaintiff testified that upon learning they were close in age, Stewart asked her if she had plans on retiring soon. ( Id. at 47.) Plaintiff testified that she told Stewart she did not have plans on retiring soon because she needed to work a longer period of time. ( Id.)

Prior to her employment with PPS, Stewart was employed by the McKeesport Area School District for twenty-seven years, most recently as its director of CTE. (C.S.F. (ECF No. 62) ¶ 14; Stewart's Dep. (ECF No. 43–5) at 5.) In 2007, Stewart was contacted by PPS to assist the CTE department of PPS with respect to the upcoming Pennsylvania Department of Education (“PDE”) chapter 339 audit (a “339 audit”). (C.S.F. (ECF No. 62) ¶ 15; Stewart's Dep. (ECF No. 43–5) at 5–8.)

Chapter 339 contains CTE policies with respect to how a CTE program should operate in high schools and CTE centers in Pennsylvania. (Banks' Dep. (ECF No. 43–8) at 9.) A 339 audit is an audit of a district's CTE department and programs. (Stewart's Dep. (ECF No. 43–5) at 10–11.) A 339 audit concerns certification issues, i.e., whether CTE employees were certified to do the jobs they were doing, and CTE program content, i.e., whether the district's programs were in compliance with PDE standards. ( Id. at 29.) When Stewart began working for PPS, she directed her attention toward the CTE department's compliance with chapter 339. (C.S.F. (ECF No. 62) ¶ 47; Stewart's Dep. (ECF No. 43–5) at 8–9.)

The PDE issues Certification Staffing Policies (“CSPGs”) to determine the validity of teacher certification in academic areas. (Deposition of Karen Turner (“Turner's Dep.”) (ECF No. 43–14) at 7–10.) CSPGs are policy documents issued by the PDE that describe the scope of each certificate, meaning the courses that may be taught by a person holding that particular certification. ( Id. at 10.) One CSPG may cover various certifications issued in different years with respect to the same area of coverage. Certifications issued in different years may have different scopes of coverage. ( Id. at 16–17.)

The PDE also issues codes for Classification of Instruction Programs (“CIPs”) that correspond with specific approved programs taught in the schools. ( Id. at 7–10.) A CIP code is a document containing information about specific courses offered by a...