Fritzsche v. Albuquerque Mun. School Dist.

• Decision Date: 25 March 2002
• Docket Number: No. CIV.01-50 BB/WWD.,CIV.01-50 BB/WWD.
• Citation: 194 F.Supp.2d 1194
• Parties: Elizabeth FRITZSCHE, Plaintiff, v. ALBUQUERQUE MUNICIPAL SCHOOL DISTRICT, a/k/a ALBUQUERQUE PUBLIC SCHOOLS, et al., Defendants.
• Court: U.S. District Court — District of New Mexico

194 F.Supp.2d 1194

Elizabeth FRITZSCHE, Plaintiff, v. ALBUQUERQUE MUNICIPAL SCHOOL DISTRICT, a/k/a ALBUQUERQUE PUBLIC SCHOOLS, et al., Defendants.

No. CIV.01-50 BB/WWD.

United States District Court, D. New Mexico.

March 25, 2002.

COPYRIGHT MATERIAL OMITTED

David L. Norvell, Albuquerque, NM, for Plaintiff.

Christopher M. Moody, Albuquerque, NM, Danny W. Jarrett, Albuquerque, NM, Anthony G. Scariano, Albuquerque, NM, for Allison.

Arthur D. Melendres, Albuquerque, NM, George R. McFall, Albuquerque, NM, Max J. Madrid, Albuquerque, NM, Michaelle A. Hernandez, Albuquerque, NM, for defendants.

MEMORANDUM OPINION

BLACK, District Judge.

THIS MATTER comes before the Court on the defendants' amended motion to dismiss and motion for summary judgment (Doc. 42) on the plaintiff's complaint (Doc. 1), wherein the plaintiff, a Caucasian female, claims the defendants committed reverse racial discrimination against her by hiring an allegedly less-qualified African-American male for a specific teaching position. The Court has examined the parties' submissions and the relevant legal authorities, and, for the reasons set forth below, finds that the defendants are entitled to summary judgment and, therefore, plaintiff's complaint will be DISMISSED with prejudice.

I. FACTUAL BACKGROUND

Plaintiff Elizabeth Fritzsche ("Plaintiff"), a Caucasian female, received a Bachelor of Fine Arts degree in 1977 from the University of New Mexico ("University"), where she majored in studio arts and minored in English and art history. See Plaintiff's exhibit A at 3, ll. 19-23; Plaintiff's complaint at 5, ¶ 12. Plaintiff received her teacher certification from the University in 1983 with an endorsement in art. See Plaintiff's exhibit A at 4, ll. 1-13. She received an endorsement in English in 1984. Four years later, she received a masters degree from the University with a major in art education and a minor in studio art.

In 1983, Plaintiff performed the student teacher work necessary to obtain her teacher certification. See id. at 5, ll. 9-24. Upon receiving her teacher certification, Plaintiff accepted a teaching employment with Bernalillo Public Schools in Bernalillo, New Mexico. From 1984 to 1993, she was employed by Bernalillo Public Schools, teaching classes in fine arts, presiding over the Indian Club, coaching the volleyball team, and acting as a class sponsor.

In 1995, Plaintiff left Bernalillo Public Schools and began her employment with Defendant Albuquerque Public Schools ("APS") in Albuquerque, New Mexico. See Plaintiff's complaint at 5-6, ¶ 14. During the 1995 school year, she worked at Sandia High School with teaching assignments in Ceramics 1, 2, and 3; Painting & Drawing 1 and 2; and Independent Study. During the 1996 school year, she worked at Cibola High School with teaching assignments in Art 1. During the 1997-2000 school years, she worked at Rio Grande High School ("Rio Grande") with teaching assignments in Art 1 and 2; and Ceramics 1, 2, and 3.

In November 1999, Plaintiff learned that La Cueva High School ("La Cueva"), which is a part of the APS school system, needed a person to teach Ceramics and Art 1 after the winter break. See Plaintiff's exhibit A at 16-17. Plaintiff was interested in the position because in her prior teaching experiences she had worked with students that, relative to the students at La Cueva, she believed had "lower test scores, lower math skills, [and] lower reading comprehension skills." Id. at 29, ll. 12-19. She felt that the higher proportion of special education students at Rio Grande kept her from working with students who "could handle some glaze chemistry or some reading in art history and criticism." Defendants' exhibit A at 31, ll. 9-11; see Plaintiff's exhibit A at 29, ll. 9-24. "Desiring to achieve a measure of professional growth," Plaintiff contacted La Cueva's principal, Defendant JoAnn Coffee ("Principal"), to express her interest in the employment. See Plaintiff's complaint at 6, ¶ 16. The Principal informed Plaintiff later that afternoon that she was selected for an interview with La Cueva's interview committee.

Plaintiff interviewed for the teaching employment at La Cueva the following day. The committee that interviewed Plaintiff consisted of the Principal and one of La Cueva's assistant principals, Defendant Gloria Olds ("Assistant Principal"). See Defendants' exhibit A at 18, ll. 21-25. The format of the interview consisted of four essential core questions, which were listed on an interview sheet entitled "Interview Questions," plus any spontaneous questions that might arise in response to the candidate's answers. See Defendants' exhibit B at 22, ll. 4-21; see also Plaintiff's exhibit E, sub-exhibit 2. Each interviewer graded the candidate's responses on the interview sheet. The completed interview sheets were given to the Principal immediately after each interview. See Defendants' exhibit B at 22, ll. 23-25. In addition to asking questions of Plaintiff, the interview committee considered Plaintiff's curriculum vitae and viewed picture slides of her artwork. See id. at 38, ll. 12-25; see also Defendants' exhibit C at 31, ll. 22-25.

James Mitchell, an African-American male, also interviewed for the teaching employment at La Cueva. Mr. Mitchell did not have his teacher certification at the time of his interview but was scheduled to (and did in fact) receive his certification before the employment commenced. See Defendants' exhibit B at 50, ll. 20-25. The committee that interviewed Mr. Mitchell consisted of the Principal, the Assistant Principal, and another assistant principal, Sammy Soto. See Defendants' exhibit C at 17, ll. 21-25. The format of Mr. Mitchell's interview was the same as Plaintiff's. During the course of his interview, Mr. Mitchell stated that he was involved with the Black Student Union at the University and that he was interested in working with the black students at La Cueva. See Defendants' exhibit B at 28-29. It is unclear whether Mr. Mitchell made those statements on his own initiative or whether he made them in response to a question posed by Mr. Soto. See id.; Defendants' exhibit C at 40-41; Defendants' exhibit D at 18, ll. 6-25. In addition to asking questions, the interview committee considered Mr. Mitchell's resume and viewed picture slides of his artwork. See Defendants' exhibit C at 32, ll. 7-9; Plaintiff's exhibit B at 15, ll. 9-25.

After the interview process was completed, the Principal, with the help of the Assistant Principal and Mr. Soto, assessed the candidates for the open position. See Defendants' exhibit C at 16-17. Factors used in assessing each candidate were the candidate's credentials, the candidate's interview, the students with whom the candidate would be working, and an overall consideration of who would work best with a diverse and changing group of students. See id. at 33, ll. 10-17. The Principal, along with the other members of the interview committee, deemed the most important factor to be each candidate's ability to work with the students enrolled in Ceramics and Art 1, not the candidate's experience or art portfolio, because the students in that class were special education and at-risk students who lacked serious interest in art and needed a great deal of discipline. See id. at 34, ll. 13-18; Defendant's exhibit B at 16, ll. 9-16; Plaintiff's exhibit F at 26, ll. 1-10.

The members of the interview committee unanimously opined that Mr. Mitchell would be the best person for the job based on his superior interview, his innovative ideas, his organizational skills, and his perceived ability to discipline the students enrolled in Ceramics and Art 1. See Defendants' exhibit C at 16-17 and 35-37. In contrast, the members of the interview committee opined that Plaintiff would not be the best person for the job because she seemed to be interested in working with advanced students, not the youth enrolled in Ceramics and Art 1. See id. at 34, ll. 19-24; Defendants' exhibit B at 25-26. Thus, while Plaintiff had a great deal of teaching experience and a superior art portfolio, the interview committee believed that Mr Mitchell had a superior ability and desire to work with the students enrolled in Ceramics and Art 1. Based on the foregoing assessments, the Principal, who was the sole decision-maker regarding which candidate to hire for the open position, decided to hire Mr. Mitchell. See Defendants' exhibit C at 16-17.

The Principal informed a staffing specialist in APS's human resources department, Defendant Guy Seiler ("Staffer"), of her decision to hire Mr. Mitchell. See id. at 18, ll. 9-15. Neither the human resources department nor the Staffer had anything to do with the Principal's hiring decision. See id. at 17-18. Their responsibility in this matter was limited to extending an offer of employment to Mr. Mitchell, the person selected by the Principal.

Plaintiff subsequently learned that the Principal had selected Mr. Mitchell for the open position. See Defendants' exhibit A at 41, ll. 3-7. She also learned that during his interview, Mr. Mitchell stated that he was interested in working with the black student population at La Cueva. Plaintiff was told that the interview committee allegedly asked Mr. Mitchell, "If we hire you, will you be willing to lead a Black Student Union for La Cueva?" Id. at 51, ll. 1-10; Plaintiff's complaint at 7, ¶ 21. Based on her opinion that she had superior qualifications and the fact that the interview committee never asked her if she would lead the Black Student Union for La Cueva, Plaintiff formed the belief that she had been denied the teaching position because of her race. See Plaintiff's complaint at 8, ¶¶ 25-27.

In April 2000, Plaintiff accepted a higher-paying teaching employment at the Albuquerque Academy. See Defendants' exhibit A at 78-80. In May 2000, Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"). See id. at 10, ¶ 33. In July...