Harris v. Delchamps, Inc.

• Decision Date: 26 May 1998
• Docket Number: No. Civ.A. 97-D-981-N.,Civ.A. 97-D-981-N.
• Parties: Donald F. HARRIS, Plaintiff, v. DELCHAMPS, INC., Defendant.
• Court: U.S. District Court — Middle District of Alabama

5 F.Supp.2d 1316

Donald F. HARRIS, Plaintiff, v. DELCHAMPS, INC., Defendant.

No. Civ.A. 97-D-981-N.

United States District Court, M.D. Alabama, Northern Division.

May 26, 1998.

Delores R. Boyd, Montgomery, AL, for Plaintiff.

Jonathan S. Harbuck, Birmingham, AL, Walter W. Christy, Leslie W. Ehret, Ellen S Kovach, New Orleans, LA, H. William Wasden, Mobile, AL, for Defendant.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is Defendant Delchamps, Inc.'s ("Delchamps") Motion For Summary Judgment filed January 14, 1998. Delchamps filed its Memorandum In Support ("Def.'s Mem.") on the same date. Plaintiff Donald F. Harris filed his Evidentiary Submission And Memorandum In Opposition ("Pl.'s Mem.") on January 27, 1998. Delchamps filed its Reply Memorandum ("Def.'s Reply") on February 10, 1998. After a careful and thorough review of the arguments of counsel, relevant law, and the record as a whole, the court finds that Delchamps' Motion For Summary Judgment is due to be granted.

JURISDICTION

The court properly exercises subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 1343 (civil rights) and 42 U.S.C. § 2000e-5 (Title VII). The Parties do not contest personal jurisdiction or venue.

SUMMARY JUDGMENT STANDARD

On a motion for summary judgment, the court is to construe the evidence and factual inferences arising therefrom in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment can be entered on a claim only if it is shown "that there is ne genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). As the Supreme Court has explained the summary judgment standard:

[T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be no genuine issue as to any material fact, since the complete failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial.

Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The trial court's function at this juncture is not "to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citations omitted). A dispute about a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson, 477 U.S. at 248, 106 S.Ct. 2505; see also Barfield v. Brierton, 883 F.2d 923, 933 (11th Cir.1989).

The party seeking summary judgment has the initial burden of informing the court of the basis for the motion and of establishing, based on relevant "portions of `the pleadings, depositions, answers to interrogatories, and admissions in the file, together with affidavits, if any,'" that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. Once this initial demonstration under Rule 56(c) is made, the burden of production, not persuasion, shifts to the nonmoving party. The nonmoving party must "go beyond the pleadings and by [his or her] own affidavits, or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Celotex, 477 U.S. at 324, 106 S.Ct. 2548; see also Fed.R.Civ.P. 56(e).

In meeting this burden the nonmoving party "must do more than simply show that there is a metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). That party must demonstrate that there is a "genuine issue for trial." Fed.R.Civ.P. 56(c); Matsushita, 475 U.S. at 587, 106 S.Ct. 1348; see also Anderson, 477 U.S. at 249, 106 S.Ct. 2505.

DISCUSSION

I. FACTUAL SUMMARY

On November 19, 1990, Plaintiff Donald F. Harris, a black male, began his employment with Delchamps as a "Journeyman Meatcutter" at Delchamps' Perry Hill Road supermarket in Montgomery, Alabama. In October of 1994, he was transferred to Delchamps' Atlanta Highway supermarket, also in Montgomery. The position of Journeyman Meatcutter is an hourly-wage, nonmanagement position. The position of "Market Manager" is a salaried, management-level position. The Market Manager is the head or supervisor of the Meat Department, and is the next promotional level for a Journeyman Meatcutter.

Between March 2, 1996 and December 15, 1996, the Market Manager position at Delchamps' Atlanta Highway store was vacant on five separate occasions. Delchamps filled each of these five vacancies with white males as follows:

(1) March 25, 1996 — Vacancy created by March 2, 1996 resignation of Greg Gates filled by Ronald Paige

(2) May 6, 1996 — Vacancy created by April 3, 1996 resignation of Ronald Paige filled by Alton Bozeman

(3) July 8, 1996 — Vacancy created by May 30, 1996 resignation of Alton Bozeman filled by Kelly Siler

(4) September 23, 1996 — Vacancy created by September 20, 1996 resignation of Kelly Siler filled by Wayne Spivey

(5) December 22, 1996 — Vacancy created by December 5, 1996 resignation of Wayne Spivey filled by Scott Schmacker

(See Pl.'s Mem. at 5-6.) Harris alleges that on each occasion, he was fully qualified for promotion, but that Delchamps refused to promote him because of his race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and 42 U.S.C. § 1981. Harris contends that these selections were made without the hiring or promotional opportunities being advertised, without the benefit of communicated, objective hiring criteria, and that Delchamps' refusal to promote him "reflected its pattern and practice of denying African-Americans, as a class, management positions and promotions and further treating them differently, and more adversely, solely on account of their race, with respect to employment benefits, privileges, terms and conditions."¹ (Pl.'s Mem. at 4; Pl.'s Am.Compl. ¶¶ 9-19.) Predictably, Delchamps contends that all of their employment decisions regarding Harris were based on legitimate, non-discriminatory reasons, not on the basis of his race.

Because many, if not most of the court's findings of fact are inextricably intertwined with its analysis of whether the Parties have met their respective evidentiary burdens, the majority of the court's findings are set-forth in the court's Analysis below.

II. ANALYSIS

In this action, Plaintiff seeks redress via 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964.

Section 1981 prohibits race discrimination in the making and enforcing of contracts and is a statutory remedy available in both the public and private sectors.² Johnson v. Railway Express Agency, Inc., 421 U.S. 454, 459-60, 95 S.Ct. 1716, 44 L.Ed.2d 295 (1975). Title VII prohibits an employer from discriminating "against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin." 42 U.S.C.A. § 2000e-2(a). The allocation of burdens and elements of a prima facie case are the same for employment claims stemming from Title VII and § 1981. See Richardson v. Leeds Police Dept., 71 F.3d 801, 805 (11th Cir.1995); Turnes v. AmSouth Bank, N.A., 36 F.3d 1057, 1060 (11th Cir.1994); Howard v. BP Oil Co., Inc., 32 F.3d 520 (11th Cir.1994). Accordingly, the court will utilize the familiar McDonnell Douglas / Burdine paradigm in analyzing Plaintiff's Title VII and § 1981 claims. See Texas Dept. of Comm. Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).

The critical element in establishing wrongful discrimination in violation of Title VII or § 1981 is discriminatory intent. See St. Mary's Honor Center v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993); Watson v. Fort Worth Bank and Trust, 487 U.S. 977, 108 S.Ct. 2777, 101 L.Ed.2d 827 (1988) (Title VII); General Bldg. Contractors Ass'n., Inc. v. Pennsylvania, 458 U.S. 375, 391, 102 S.Ct. 3141, 73 L.Ed.2d 835 (1982) (§ 1981); Washington v. Davis, 426 U.S. 229, 246-48, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976) (§ 1981); Baldwin v. Birmingham Bd. of Educ., 648 F.2d 950, 954 (5th Cir.1981) (§ 1981).³ Discriminatory intent can be established through either direct or circumstantial evidence. United States Postal Serv. Bd. of Gov. v. Aikens, 460 U.S. 711, 714 n. 3, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983).

Evidence is "direct" where, if believed, it proves the existence of a fact in issue without inference or presumption. Earley v. Champion Int'l Corp., 907 F.2d 1077, 1081 (11th Cir.1990); Rollins v. TechSouth, Inc., 833 F.2d 1525, 1528 n. 6 (11th Cir.1987) (citation omitted). Direct evidence of discriminatory intent may be evidenced, for example, by "statements indicating racial bias on the part of a decision maker in an employment setting," Trotter v. Board of Trustees of Univ. of Alabama, 91 F.3d 1449 (11th Cir.1996) (citing Haynes v. W.C. Caye and Co., Inc., 52 F.3d 928, 931 (11th Cir.1995)), "`statement[s] that members of a [protected class] in general ... are simply not competent enough to do a particular job,'" Trotter, 91 F.3d at 1453 (quoting Haynes, 52 F.3d at 931; Bell v. Birmingham Linen Service, 715 F.2d 1552, 1556 (11th Cir.1983), cert denied, 467 U.S. 1204, 104 S.Ct. 2385, 81 L.Ed.2d 344 (1984)), or...