Hammon v. Bd. of Sch. Comm'rs of Mobile Cnty.
| Decision Date | 22 July 2013 |
| Docket Number | CIVIL ACTION NO. 12-00454-KD-C |
| Parties | JERRY L. HAMMON, Plaintiff, v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY, ALABAMA, Defendant. |
| Court | U.S. District Court — Southern District of Alabama |
This action is before the Court on the Motion for Summary Judgment (Doc. 23) and supporting materials (Docs. 24-26) filed by the Defendant, the Board of School Commissioners of Mobile County, Alabama (the Board), the Response in opposition and supporting materials (Docs. 27-31) filed by Plaintiff Jerry L. Hammon (Hammon), and the Board's Reply (Doc. 32). Upon consideration, and for the reasons stated herein, the Board's motion is GRANTED.
Hammon filed his charge with the Equal Employment Opportunity Commission in October 2010 and timely filed this action after receiving his Notice of Rights letter from the EEOC (Doc. 26-1, p. 16-17; Doc. 1 at ¶ 8; Doc. 1-1). Hammon alleges that he was discriminatorily denied a math teaching position by the Board on the basis of his race and sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII), as amended by the Civil Rights Act of 1991, on basis of race in violation of 42 U.S.C. § 1981, and on the basis of his age in violation of the Age Discrimination in Employment Act, 29 U.S.C. §621 et seq. (ADEA). The Board timely filed its answer denying liability on all counts. (Doc. 5)
Hammon is a white male over the age of 40. (Doc. 31-10, p. 2, Hammon Declaration) He received his B.S. Degree in Adult Interdisciplinary Studies from the University of South Alabama in 2001. (Doc. 26-1, p. 5, Hammon Depo.; Doc. 26-1, p. 31. Ex. 1, Hammon Resume) Hammon was first employed as a teacher with the Mobile County Public School System (MCPSS) at the beginning of the 2001-2002 school year. (Doc. 26-1, p. 6) Prior to then, between 1990 and 2001, Hammon taught at private schools. (Id. p. 31) The following is a chronological listing of the schools at which Hammon has taught:
Hammon states that he left Blount after two years because his family was contemplating moving to Baldwin County, that his position in Daphne was "non-renewed" because of budget cuts,3 and that his position at Rain was also "non-renewed" because of budget cuts. (Doc. 31-10, p. 6). Hammon states that with the exception of his decision to relocate to Baldwin County, his moves to different schools were the "result of routine non-renewals of probationary teachers." (Doc. 31-10, p. 7) Since the end of the 2009-2010 school year, Hammon has continued working with the MCPSS as a substitute teacher. (Id., p. 4)
Hammon first interviewed with Vigor High School Principal Kenneth Edwards, a black male, for the math teacher vacancy at Vigor in the summer of 2009. In his declaration, Hammon states as follows:
During our interview Kenneth Edwards told me that the position shown as vacant . . . was currently held by a long term substitute who was doing a good job and who he would not replace. He told me that "she is working on completing her certification". The interview ended with no job offer but Edwards told me that if the long term substitute was not allowed to continue in the position, I would be considered.
In July 2010, after receiving notice that his position at Rain would not be renewed and meeting with Bryan Hack, Executive Manager of Human Resources, Hammon again interviewed with Edwards regarding the math teacher vacancy at Vigor. (Doc. 26-2, p. 4, 8, Edwards Depo.; Doc. 31-10, p. 2) At that time, Hammon was certified to teach high school math and was rated "highly qualified" under state and federal law. (Doc. 31-10, p. 2; Doc. 31-1, p. 4, Hack Depo.) Hammon states that Edwards told him during this interview that "the position at Vigor was open, but he was trying to hold [the vacant teaching position] for the teacher who had filled the position during the 2009-10 school year . . . that she, the teacher, was working on completing her certification but he wasn't certain if she would have it or not . . . [and that] he was protecting the position for the uncertified teacher so she could qualify for the position." (Doc. 31-10, p. 10)
Later, in August 2010, Hammon met again with Hack about possible math positions in the MCPSS. Hack did not mention the position at Vigor, so Hammon asked about that position. Hack told him that "state law allows for one exception and a School Board member has asked the Superintendent to protect that position for the non-certified teacher" and that "[w]e are not going to touch that one." (Doc. 31-10, p. 10) A few days after this meeting, Hammon went to the Human Resources Department of the MCPSS to speak with John Powell (Powell), the Personnel Administrator for High Schools, about job vacancies in the school system. (Id., p. 11) During this meeting, Powell told Hammon that "the math position held for the non-certified teacher at Vigor was being vacated" and that Hammon should go to Vigor to interview. (Id.).
Hammon did so and met again with Edwards. (Id.) Hammon told Edwards that Powell had told him that the position was being vacated and Hammon asked for the job. (Id., p. 11-12) During their meeting, Edwards contacted the MCPSS office to verify the information. He then told Hammon that the position would not be vacated, but that Hammon would be considered ifthe position was vacated. (Id., p. 12)
Hammon next contacted his employee organization representative Danny Goodwin who sent a complaint to Hack, the Superintendent, and the Board that a position was reserved for an uncertified teacher in preference to Hammon, a certified and highly qualified applicant (Doc. 31-10, p. 12; Doc. 31-11, p. 3, Goodwin Declaration; Doc. 31-10, p. 40, copy of letter). A few days later, Goodwin contacted Hammon to inform him that the Superintendent had removed the hold from the Vigor position and that Edwards would make the final decision. (Doc. 31-10, p. 13). Hammon then met with Edwards for a fourth interview. (Id.) However, Edwards indicated that the position would be "re-advertised." (Id.)
After the interview, Edwards contacted the principals of two schools where Hammon had previously worked - Marlon Firle at B. C. Rain High School (2007 through 2010) and Ron Coleman at Blount High School (2004 through 2006). (Doc. 26-2, p. 11, 13) Edwards testified that Firle told him that while Hammon "knows his subject content, . . . he has a problem with his classroom management." (Doc. 26-2, p. 11) Edwards admits that he "didn't go into any of the detail" as to this criticism and that he "take[s] the value of what [a] principal is saying" and "d[oes]n't go into the valuation of it." (Id.). At his deposition, Firle...
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