Fallin v. Va. Dep't of Transp.
| Decision Date | 15 February 2022 |
| Docket Number | Civil Action No. 3:21-cv-131 |
| Citation | 585 F.Supp.3d 824 |
| Parties | Malcolm FALLIN, Plaintiff, v. VIRGINIA DEPARTMENT OF TRANSPORTATION, Defendants. |
| Court | U.S. District Court — Eastern District of Virginia |
Judson Ray Peverall, James Broome Thorsen, ThorsenAllen, LLP, Richmond, VA, for Plaintiff.
Ryan Spreague Hardy, Christian Hans Pedersen, Office of the Attorney General, Richmond, VA, for Defendants.
This matter is before the Court on the MOTION FOR SUMMARY JUDGMENT (the "Motion") (ECF No. 28) and accompanying MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF No. 29), filed by Virginia Department of Transportation ("VDOT") against Plaintiff Malcom Fallin. By ORDER (ECF No. 54), the Motion was granted. This Memorandum Opinion sets out the reasons for that decision.
Fallin is an African-American male who is now, and, who was at the time at issue, working as a Transportation Operation II ("T.O. II") with VDOT where he had been employed for over 25 years. ECF No. 1 ¶¶ 1, 2; ECF No. 29 ¶ 1. Fallin began working at VDOT in 1994 as a crew member in the Lottsburg Area Headquarters ("LAHQ"), which is in Northumberland County and part of VDOT's Fredericksburg District. ECF No. 52 ¶ 2. Failin's duties as T.O. II included maintaining and patching roads, mowing, cleaning ditches, and operating equipment such as backhoes and motor graders. Id. ¶ 3.
The T.O. III position requires the employee to engage in "emergency response, requiring work in and outside normal work hours during emergency operations." ECF No. 1 ¶ 12. According to the job application, the minimum qualifications to work as a T.O. III include:
(a) considerable knowledge of highway maintenance and construction practices and procedures; (b) considerable skill in operating and maintaining light, medium, and heavy-duty equipment used in highway maintenance construction; (c) basic recordkeeping and computer skills; (d) ability to plan, schedule, and complete work assignments; (e) ability to train and lead the work of others; (f) ability to perform manual labor including frequent lifting up to 50 pounds and to use hand and power tools; (g) ability to read, interpret, and apply work zone safety and traffic control manuals; (h) ability to obtain CDL and DOT medical card within 6 months of employment and maintain thereafter; (i) ability to work inclement weather, accidents, and emergency / disaster response; and (j) valid driver's license.
Preferred qualifications to work as a T.O. III include:
(a) experience leading the work of and training others; (b) experience supporting emergency operations such as snow removal, storm damage and accident clean up; (c) experience using computers to read email and record data; (d) experience preparing reports and keeping records; and (e) high school diploma or GED preferred; equivalent experience or training may substitute.
In 2008, Fallin applied for, and was offered, the position of T.O. III, but he declined to accept it. From 2016 to 2019, Fallin applied three times to be promoted from T.O. II to T.O. III. Id. ¶ 1. The only application at issue in this case is the one that Fallin filed in 2019. The other circumstances of the applications are discussed because Fallin refers to them in his argument that VDOT's legitimate nondiscriminatory reason for promoting someone else in 2019 was pretext for racial discrimination.
In 2008, Fallin applied for and was offered a promotion to Inmate Crew Leader, a T.O. III position. ECF No. 52 ¶ 7.1 The parties agree that the initial offer included a proposed salary increase of 10 percent that was increased to 12 percent after negotiations occurred between Fallin and Rob Miller, a Maintenance Transportation Officer who was involved in the hiring decision. ECF No. 52 ¶ 6.2 The parties also agree that Fallin unsuccessfully negotiated for a salary increase of 15 percent and that he ultimately rejected the position. ECF No. 52 ¶ 9.3 Notwithstanding Failin's grievances, both parties confirm that he ultimately refused the promotion twice.
Since 2012, VDOT has maintained a year-long training program for Fredericksburg District crew members called the Maintenance Supervisor Training Program ("MSTP"). ECF No. 52 ¶ 12. The program has two features: a classroom portion covering relevant curriculum and an on-site training portion where participants receive hands-on instruction on VDOT systems and fieldwork. Id. ¶ 13.
The parties dispute what skills are primarily taught during the MSTP and whether additional computer training at the employee's local headquarters is outside the purview of the formal MSTP.4 The parties also dispute whether the purpose of the MSTP is to make employees more competitive for promotions to supervisory-level positions.5 Those disputes are not material because the parties agree that completion of the program is not a requirement and that participation in the MSTP does not guarantee a promotion nor does failure to participate in or complete the MSTP automatically exclude a promotion.6
In 2014, Fallin applied to participate in the MSTP, and the application was approved by Todd Vanlandingham, the VDOT Superintendent of Northumberland County.7 Fallin completed the classroom component of the MSTP and was placed at the Brookvale Area Headquarters where Chris Basye supervised his on-site training. ECF No. 52 ¶ 17. Both parties agree that Fallin did not complete on-site training, but they offer different reasons why he failed to do so.8
Apparently Fallin did not have time to devote to the on-site training so he met with Basye and David Brown, the residency engineer for the Northern Neck residency. According to Fallin, Brown said he would talk to Vanlandingham "to make sure that [Fallin] g[o]t in the office and g[o]t training."9 The parties agree that Fallin and Vanlandingham met thereafter and that Vanlandingham informed Fallin that he could receive extra training in Lottsburg.10
Fallin says that Vanlandingham never scheduled the training but concedes that he never pursued the matter of additional training with Vanlandingham. Fallin also agrees that he never asked Vanlandingham to schedule computer training several days in advance before the work schedule was made.11
In March 2016, a Maintenance Crew Leader position, classified as T.O. III, became available for the first time at the LAHQ. ECF No. 52 ¶ 20. This position oversees work crews but has no actual managerial authority. Id. ¶ 20; ECF No. 29 ¶ 20 (referencing Fallin Dep., ECF No. 29-33 at 17:20-18:7). Daniel Brown, the residency engineer, was in charge of the application process. Joan Spangler, the Senior Human Resource Consultant, assisted Brown in filling the vacancy. ECF No. 52 ¶ 21. The minimum qualifications for the listed position included "considerable knowledge of highway maintenance and construction practices and procedures[,]" and "skill in the use of computers and software applications." Id. ¶ 22.
Two Caucasian and two African-American applicants, including Fallin, were selected to interview for this position. ECF No. 52 ¶ 23. The interview panel consisted of Spangler (Caucasian), Tracey Stewart (Caucasian), Keith Washington (African-American), and David Brown (Caucasian). Id. ¶ 24. The panel unanimously selected Michael Bryant, a Caucasian male, to fill the position based on his supervisory experience and "because he demonstrated his experience operating heavy equipment, building rural roads, and performing highway maintenance, paving, mowing, snow removal, and emergency operations." ECF No. 29 ¶¶ 26-28.
In March 2017, Bryant was promoted from T.O. III to Supervisor at LAHQ. Fallin, Michael Moss, and four others were selected to interview for the T.O. III position vacated by Bryant's promotion. Two of the applicants were African-American and four were Caucasian. ECF No. 52 ¶¶ 26-27. Three Caucasian individuals, including Vanlandingham, and one African-American individual comprised the interview panel. Id. ¶ 29; see also Fallin Dep., ECF No. 29-33 at 98:11. The panelists attest that both Fallin and Moss were qualified, but unanimously agreed that Moss was better suited for the position because he was already employed as Maintenance Crew Leader T.O. III at another location. ECF No. 29 ¶¶ 33, 37, 39. The panel considered that Moss offered "very detailed, very precise" answers to the interview questions, whereas Failin's responses were "incomplete," and "did not demonstrate the higher level of leadership and technical experience needed to accomplish the duties of [the T.O. III] position." Id. ¶¶ 37-38. Vanlandingham shared with Fallin that he did not get the promotion because he did not interview well. Fallin concedes that he did not ask any follow-up questions. Id. ¶ 40 (referencing Fallin Dep., ECF No. 29-33 at 108:20); ECF No. 52 ¶ 31.
In July 2019, Moss was promoted from T.O. III to Supervisor at Brookvale Area Headquarters, creating another T.O. III vacancy. ECF No. 52 ¶ 32. Similar to the job requirements listed in 2016 and 2017, the 2019 position required the applicant to have construction and equipment experience, as well as recordkeeping and computer skills. Id. ¶ 33.
Fallin was one of three applicants interviewed and the only African-American. Id. ¶ 35. Spangler, Vanlandingham, and Keith Johnson, the Superintendent of King George County who is African-American, were on the interview panel. Id. ¶ 36. The panelists relied on an interview questionnaire form to record each candidate's responses during the interview as well as the interviewers’ reactions to the responses and to the interview as a whole. This form contained checkboxes that rated the candidate's answer as "Exceeds Requirements," ...
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