Hall v. Flightsafety Intern., Inc.

Decision Date11 July 2000
Docket NumberNo. Civ.A. 98-4026-CM.,Civ.A. 98-4026-CM.
PartiesWilliam E. HALL, Plaintiff, v. FLIGHTSAFETY INTERNATIONAL, INC., Defendant.
CourtU.S. District Court — District of Kansas

William L. Fry, William Fry & Associates, Wichita, KS, for William E Hall, plaintiff.

Wyatt Wright, Boyd A. Byers, Foulston & Siefkin L.L.P., Wichita, KS, for Flight Safety International, Incorporated, defendant.

MEMORANDUM AND ORDER

MURGUIA, District Judge.

Plaintiff William Hall is an employee of defendant FlightSafety International, Inc. Plaintiff in this case claims that defendant discriminated against him on the basis of his race and sex in violation of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e-3 et seq., the Civil Rights Act of 1991, his age in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and his race in violation of 42 U.S.C. § 1981, and as amended 42 U.S.C. § 1981a. This matter is before the court on defendant's motion for summary judgment (Doc. 89) and defendant's motion to limit the time period in which plaintiff may raise allegations of discrimination (Doc. 80). As set forth in more detail below, defendant's motion for summary judgment is granted, and defendant's motion to limit time period is moot.

I. Facts1

Defendant is a corporation involved in the teaching and training of pilots and maintenance technicians to operate and service various aircraft. Plaintiff has been employed by defendant (and its predecessor) since 1986 and currently works as an instructional systems support specialist to facilitate the use of computers and other instructional tools. In that position, plaintiff handles the network computers, video library, and the video stations. Plaintiff has, in the past, also maintained software and written manuals.

A. Plaintiff's Background

Plaintiff, a black male, was born on May 25, 1939. Prior to plaintiff's employment with defendant, he was in the Air Force for twenty-six years. In the Air Force, plaintiff was trained as a mechanic on missile systems and, at times, supervised up to fifty persons. Plaintiff designed training programs for missile and aircraft systems, but plaintiff never designed pilot training programs, nor did he put together any specific manuals for pilot training. In 1982, while in the military, plaintiff received his only education in instructional technology, which consisted of a one-week course in instructional systems design, followed by a one-week course in instructional management. Plaintiff had more than three years of instructional development experience in the military.

Plaintiff obtained an Associate's Degree in 1980 in aviation management and Bachelor's Degree in 1983 in industrial management from Newman College in Wichita, Kansas. Plaintiff took no courses at Newman that dealt with instructional technology. Plaintiff received a Master's Degree in 1984 in human relations and management from Webster University, where he took no courses in instructional technology or design.

Following plaintiff's retirement from the military, he worked for a Hilton hotel as a night manager for eight months. Thereafter, plaintiff worked at Beech Aircraft Corporation as an instructional designer at Beech's pilot training center for seven months, where he gained additional instructional development experience. In 1987, defendant acquired the Beech training center operation where plaintiff worked and, as a result, plaintiff became employed by defendant. Jim Boots became the manager of the training center pursuant to the acquisition.

Plaintiff's initial job was to keep the interactive video system running, which involved primarily computer work, and he was classified as a ground instructor. Plaintiff began helping instructors who were having problems with their computers, a task which ultimately became part of plaintiff's job responsibilities.

Following his work with the interactive video systems, plaintiff assisted a co-worker with the Piaggio (an Italian airplane) training manuals, then worked on piston airplane manuals, and later formatted the Starship manual. For the most part, plaintiff's work on the manuals consisted of performing a desk top publishing function, meaning that he input various materials and data into the computer to create the manuals. At some point, Mr. Boots told plaintiff that plaintiff was not an instructional system designer (ISD).

Plaintiff asked in late 1996 that his title and job description be changed from ground instructor. Mr. Boots sought plaintiff's assistance in formulating a new job description, but plaintiff declined to participate in the process. In the end, Karyn Sissom, plaintiff's supervisor at the time, formulated plaintiff's job description since plaintiff had refused to assist. Plaintiff was given the job description for an Instructional Systems Support Specialist, and plaintiff has since never requested that he be provided with a new job description.

B. The First CIT Position

Defendant created a Center Instructional Technologist (CIT) position in 1995. The CIT is a curriculum development position, the purpose of which is to design training programs and to develop curriculum in light of and in conjunction with accepted human learning theory models. The CIT duties were listed as follows: 1) resident instructional development expert, 2) reports to director of training, 3) develops and maintains training materials, 4) assists DOS in quality control, and 5) coordinates with ISO, TSO and external support vendors. The requirements were set forth as follows:

Pilot training firm is seeking individual with master's degree in Instructional Technology or related field and 3 years of related instructional development experience that includes application of instructional systems development; or a doctoral degree and 1 year of related experience; or equivalent combination of education and experience. Strong computer skills required.

Defendant utilized a board to interview and select potential candidates for the CIT position. The board consisted of eight directors and managers of various divisions. Boards had been utilized at the training center before the CIT position was created, and boards had been used to fill posts other than instructor positions.

Initially, Mr. Boots remarked that plaintiff had been doing similar functions and that he expected plaintiff to apply for the position, but upon further review of the job description, Mr. Boots believed that the position was of a much higher grade level and called for higher qualifications that he originally envisioned, and that upper management wanted an individual well-versed and trained in the curriculum development process, not a computer technologist or troubleshooter.

Plaintiff applied for the CIT position by submitting a cover letter and resume. Plaintiff provided no other materials in support of his application for the position. After the candidates were narrowed, the board interviews were held. Prior to the interviews, each candidate was sent a letter telling them to address a number of specific topics at their interview and that each candidate would have at least thirty minutes to make their presentation. Plaintiff was among those candidates invited to interview before the board.

During his interview, plaintiff gave only a vocal presentation, using no overheads or power point, and he chose not to utilize an outline. When asked how he prepared for his interview, plaintiff replied that he had given the company ten years of service and that the company should know what he has done. When asked by the board if he was going to give a presentation, plaintiff replied "you all know what I can do." In fact, plaintiff did not bring his letter outlining the topics he should address, so Mr. Boots offered to let plaintiff refer to his (Boots's) copy of the letter to aid his presentation. In sum, plaintiff concedes he had little or no presentation, was basically unprepared, and gave no vision or plan for the CIT position.

The board rated plaintiff last among the candidates and recommended Dr. Walt Chappell to fill the first CIT position. Dr. Chappell had a Ph. D. in instructional technology, specific work experience in the field, and gave a good presentation to the board that included a clear plan for the CIT position. The board's recommendation was approved, and Dr. Chappell assumed the CIT position on December 12, 1995.

Dr. Chappell assumed the position of plaintiff's supervisor, but Dr. Chappell and plaintiff did not get along well. By his own admission, plaintiff objected to being supervised by Dr. Chappell, and the two engaged in several verbal confrontations. In the end, Dr. Chappell irritated members of management and others at the instructional systems division, so Dr. Chappell's employment was terminated after seven months.

C. The Second CIT Position

After the CIT position became vacant a second time, the requirements and qualifications, which were the same, were posted. Plaintiff submitted a cover letter and resume and, as before, plaintiff was sent a letter telling him to address a number of specific topics at his interview.

Shortly before plaintiff had applied for the second CIT position, Nick Frisch, a Piston Program Manager and member of the first CIT board, told plaintiff that it looked like he (Frisch) was the prime candidate for the CIT position and wanted to know if he and plaintiff could work together. Mr. Frisch never indicated that he had been told he was the prime candidate, nor did Mr. Frisch say he had been promised the position.

Plaintiff interviewed before the second CIT board and, once again, offered no overhead or power point presentation and told the board that management should know what he has done. Plaintiff formulated no written plan or handout, nor did he prepare an outline for his presentation, but plaintiff did discuss what an ISD...

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