Hamilton v. Texas Dept. of Transp.

• Decision Date: 10 May 2001
• Docket Number: No. Civ.A. 99-CV-1907.,Civ.A. 99-CV-1907.
• Parties: Tyrone HAMILTON, Plaintiff, v. TEXAS DEPARTMENT OF TRANSPORTATION, Defendant.
• Court: U.S. District Court — Southern District of Texas

206 F.Supp.2d 826

Tyrone HAMILTON, Plaintiff, v. TEXAS DEPARTMENT OF TRANSPORTATION, Defendant.

No. Civ.A. 99-CV-1907.

United States District Court, S.D. Texas, Houston Division.

May 10, 2001.

Sheila Beth Owsley, Houston, TX, Elizabeth M. Bruman, Zimmerman Axelrad, Houston, TX, Tyrone Hamilton, Houston, TX, for plaintiff.

Henry M. De La Garza, Office of Atty. Gen., Austin, TX, for defendant.

MEMORANDUM AND OPINION

ROSENTHAL, District Judge.

Plaintiff, Tyrone Hamilton, sued his employer, the Texas Department of Transportation ("TxDOT"), alleging racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"). TxDOT filed a motion for summary judgment as to all Hamilton's claims, to which Hamilton filed a reply. (Docket Entry Nos. 26, 27). TxDOT filed motions to strike Hamilton's reply, Hamilton's supporting affidavit, and several of Hamilton's summary judgment exhibits. (Docket Entry Nos. 28, 29, 31).

Based on the pleadings, the motions and responses, the summary judgment record, and the applicable law, this court GRANTS Hamilton's motion to extend time; DENIES TxDOT's motion to strike Hamilton's response; GRANTS TxDOT's motion for summary judgment; DENIES TxDOT's motions to strike certain summary judgment evidence; and DENIES TxDOT's motion in limine as moot. The reasons for these rulings are set out below.

I. Background

On June 20, 1994, the Traffic Engineering Section at TxDOT hired Hamilton as a temporary employee. (Docket Entry No. 27, Ex. 42, p. 1). Hamilton had previously received a Bachelor of Science Degree in Engineering from Southern University A & M in 1991. (Id.). As a temporary employee, Hamilton worked as an Engineering Assistant I in TxDOT Computer Transportation Management Systems. (Id.). While working at TxDOT, Hamilton attended classes at Texas Southern University. He received a Master of Science Degree in Transportation Management and Planning in May 1996. (Id.). On March 1, 1995, after a competitive posting and hiring process, TxDOT hired Hamilton as an Engineering Assistant II in the same section in which he had been a temporary employee. (Id. at pp. 2, 4).¹ Hamilton went from a State pay group A-14 to A-15. (Docket Entry No. 26, Ex. 3).

The record reveals confusion as to the relationship between titles given to certain TxDOT positions and the responsibilities of those positions. TxDOT uses business job descriptions to identify the positions and uses State titles to determine the level at which the position should be paid. "Many times employees and supervisors mix up or confuse the business titles and state titles." (Docket Entry No. 26, Ex. 3).

Hamilton asserts that as an Engineering Assistant II, he was "authorized to do work of the Traffic Engineering Section Manager (District Traffic Section Manager)." (Docket Entry No. 26, Ex. 42, p. 2.) TxDOT denies that Hamilton had a managerial position and asserts that Hamilton had no managerial responsibility. An organizational chart dated September 27, 1995 shows Hamilton in the previously vacant position of "Traffic Engineering Section Manager," supervising five other employees, including Carl T. Reilly. (Docket Entry No. 27, Ex. 7). TxDOT maintains that this organizational chart is incorrect and that Hamilton, a State pay group A-15, was not a Traffic Engineering Section Manager, a State pay group A-18. (Docket Entry No. 26, Exs. 2, 3). Hamilton asserts that the "duties and responsibilities of the Engineering Assistant II (Traffic Engineering Section Manager) are very similar to the position of Engineer Specialist II (District Traffic Manger [sic])." (Docket Entry No. 27, Ex. 42, p. 4). He also maintains that "[a]lthough [he] was classified as an Engineer II, [he] performed the functions of the Traffic Engineering Section Manager position in the Traffic Engineering Section. This was a Supervisory position." (Id.). Hamilton alleges that he supervised Engineering Technicians and that Reilly was an Engineering Technician. (Id. at pp. 4-5). TxDOT denies that Hamilton was a supervisor or manager or that Hamilton performed any supervisory tasks. (Docket Entry No. 26, Exs. 2, 3).

It is undisputed that after Hamilton's first six months of employment, Reilly completed Hamilton's evaluation and performance plan. Such a task is generally completed by an employee's supervisor, not by a subordinate. (Docket Entry No. 26, Exs. 1, 2). Reilly rated Hamilton as "Meets Requirements," the second highest of five possible ratings. At this time, and throughout their employment together, Reilly was in a higher State pay group level than was Hamilton. (Docket Entry No. 26, Ex. 3).

In February 1996, Hamilton received a performance evaluation from William P. Ezzell, Hamilton's direct supervisor. Ezzell gave Hamilton a rating of "Exceeds Requirements," the highest of five possible ratings. (Docket Entry No. 27, Ex. 13). Ezzell also recommended that Hamilton receive a promotion and pay increase, based on the performance evaluation he received and the master's degree program he pursued. TxDOT refers to Hamilton's promotion as a "regular career-ladder promotion." (Docket Entry No. 26, Ex. 3). Hamilton received a promotion from Engineering Assistant II to Engineering Assistant III and went from State pay group A-15 to State pay group A-16. (Docket Entry No. 26, Ex. 3).

In February 1997, Ezzell once again evaluated Hamilton, giving him a rating of "Exceeds Requirements." (Docket Entry No. 27, Ex. 14). On April 1, 1997, M. Wayne Jones, Director of Traffic Operations, wrote to Steve E. Simmons, Jones's manager, recommending Hamilton's "advancement to Group 17, Step I." (Docket Entry No. 27, Ex. 2). The subject line of the letter is entitled "Promotion Request Approval for/ Mr. Tyrone Hamilton/ Traffic Engineering Section, Mgr. 0696." (Id.). Hamilton contends that this letter "represents a promotion request dated April 1, 1997, for [his] move to the Traffic Engineering Section Manager position." (Docket Entry No. 27, Ex. 42, p. 5). The letter does not mention the title or position of Traffic Engineering Section Manager. (Docket Entry No. 27, Ex. 2). Hamilton did receive a promotion from Engineering Assistant III to Engineering Assistant IV (Engineering Specialist I), moving from State pay group A-16 to State pay group A-17. (Docket Entry No. 26, Ex. 3).

In May 1997, Ezzell promoted Reilly to the position of District Traffic Section Manager. (Docket Entry No. 27, Ex. 42, pp. 5-6). Ezzell did not post the position and the promotion was noncompetitive. (Docket Entry No. 27, Ex. 10). Ezzell and Sally G. Wegmann, TxDOT Director of Transportation Operations, characterized the promotion as a standard career-ladder promotion for Reilly. (Id. at p. 11; Docket Entry No. 26, Ex. 2). At the time of the promotion, Reilly did not have a college degree; however, Reilly had fifty years of experience in the field, including thirteen years in the section in which he and Hamilton worked. In May 1997, Hamilton also received a promotion to Engineering Assistant IV and a pay increase to State pay group A-17. (Docket Entry No. 27, Ex. 19). Reilly became Hamilton's supervisor. (Docket Entry No. 27, Ex. 42, p. 7).

On November 19, 1997, Ezzell told Hamilton that he was Reilly's "assistant." (Id. at 7-8). Hamilton refused the classification. (Id.). On November 20, 1997, Ezzell and Hamilton had a contentious meeting about the section reorganization, including Reilly's promotion. (Docket Entry No. 27, Exs. 16, 42). During the meeting, Ezzell also gave Hamilton a performance evaluation and asked Hamilton to sign it. (Docket Entry No. 27, Ex. 42, p. 9). In the evaluation, Ezzell gave Hamilton a "Meets Requirements" rating, the second highest of the five possible ratings, and one level lower than the February evaluation of Hamilton's work. (Docket Entry No. 27, Ex. 17). According to Hamilton, Ezzell also said that by refusing to work for Reilly, Hamilton showed that he was not a "team player." (Docket Entry No. 27, Ex. 42, p. 9).

On November 24, 1997, Ezzell placed a memorandum in Hamilton's personnel file documenting the November 20 meeting. (Docket Entry No. 27, Ex. 18). In the memorandum, Ezzell stated that "Mr. Hamilton will not work for Mr. Carl Reilly because he lacks supervisory or management skills, and cannot delegate work. The Young Engineer's Manual requires a Registered Professional Engineer to be his supervisor." (Id.). According to Hamilton, Ezzell began sending Reilly out to "reinspect" Hamilton's work. (Docket Entry No. 27, Ex. 42, pp. 10-11). On December 18, 1997, Hamilton met with Ezzell and Wegmann to discuss the new organization of the Traffic Engineering Section. (Id. at 11). Hamilton stated in his affidavit that Wegmann promised to investigate and report her findings to Hamilton, but did not do so. (Id.).

On January 6, 1998, Hamilton filed Charge No. 330-98-0818 with the Equal Employment Opportunity Commission ("EEOC"). (Docket Entry No. 27, Ex. 26). In his charge, Hamilton alleged that he received less favorable treatment than non-black employees; that he was denied a promotion to District Section Manager; that his work was reinspected without justification; and that he had received a less favorable evaluation, all based on racial discrimination. (Id.). On September 30, 1998, the EEOC issued a determination that TxDOT had discriminated against Hamilton on the basis of his race. (Docket Entry No. 27, Ex. 1). On December 9, 1998, Hamilton filed Charge No. 330-99-0650. (Docket Entry No. 27, Ex. 27).

In February 1999, TxDOT discovered that Reilly should not have received the 1997 promotion to District Traffic Section Manager without posting the position and making it a competitive promotion. (Docket Entry No. 27, Ex. 29). TxDOT removed Reilly from the position, posted the position, and hired an Hispanic male for the position. (Id.). Hamilton applied for the posted position. TxDOT...