Jackson v. Verizon Wireless
| Decision Date | 28 October 2009 |
| Docket Number | No. 1:08-cv-806-SEB-JMS.,1:08-cv-806-SEB-JMS. |
| Citation | 676 F. Supp.2d 728 |
| Parties | Ronald JACKSON, Plaintiff, v. VERIZON WIRELESS, Defendant. |
| Court | U.S. District Court — Southern District of Indiana |
Joel Samuel Paul, Indianapolis, IN, for Plaintiff.
Bonnie L. Martin, Brandon M. Shelton, Ogletree, Deakins, Nash, Smoak & Stewart, Indianapolis, IN, for Defendant.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
This cause is before the Court on Defendant's Motion for Summary Judgment Docket No. 36, filed on June 15, 2009, pursuant to Federal Rule of Civil Procedure 56 and Local Rule 56.1. Plaintiff, Ronald Jackson, brings his claim against his current employer, Defendant, Cellco Partnership d/b/a Verizon Wireless ("Verizon"),1 for its allegedly discriminatory actions toward him based on his race (African-American),2 in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1981. For the reasons detailed below, we DENY Defendant's Motion for Summary Judgment as to Plaintiffs race discrimination claim.
On February 7, 2005, Mr. Jackson began working for Verizon as a retail representative at Verizon's kiosk located in the Lafayette Square Mall in Indianapolis, Indiana. Deposition of Ronald Jackson ("Jackson Dep.") at 44. As a retail representative, Mr. Jackson's job duties include selling Verizon cell phone products, accessories and data services, as well as providing customer service. Verizon retail representatives, such as Mr. Jackson, are evaluated on various criteria, including the number of new activations, upgrades, and accessory sales they generate. Id. at 56-57. Mr. Jackson worked at the Lafayette Square Mall kiosk until the location closed in September 2008, at which point he moved to Verizon's Centre West store, located at 4525 Lafayette Road, Indianapolis, Indiana, where he currently remains employed. Id. at 46; Affidavit of Donita Brooks ("Brooks Aff.") ¶ 8. Mr. Jackson's manager is Andre Johnson. Brooks Aff. ¶ 9.
On August 22, 2007, Mr. Jackson applied for a vacant retail sales representative position at Verizon's Castleton location.3 On September 1, 2007, before a hire had been made for that open position, an additional Verizon sales representative position opening was posted for the Castleton location. Elizabeth Hill, the Castleton store manager, acted as hiring manager at the Castleton store and conducted the applicants' interviews for the open positions. Brooks Aff. ¶ 11. Theodore ("Ted") Wendling, the District Manager of Retail Sales in Indianapolis, Indiana, was responsible for approving or declining Ms. Hill's hiring recommendations and attended the interviews when available. Affidavit of Theodore Wendling ("Wendling Aff.") ¶ 5.
A sufficient number of internal candidates applied for the open positions, so no outside candidates were solicited or considered by Verizon. Deposition of Elizabeth Hill ("Hill Dep.") at 40. Nine Verizon employees ultimately applied for the open positions at the Castleton location, and, because the two openings had occurred in such close succession, candidates who applied for either of the openings were considered for both of the open positions. Wendling Aff. ¶ 10. The final applicants included: (1) Mr. Jackson, an African-American male; (2) Alexandria Wilson, an African-American female; (3) Branden Lienemann, a Caucasian male; (4) Terrell Washington, an African-American male; (5) Jamillah Perry, an African-American female; (6) Tazae Hughes, an African-American male; (7) Katie Hall, a Caucasian female; (8) Tammie Kery, a Caucasian female; and (9) Elaina Morton, a Caucasian female. Brooks Aff. ¶ 14.
Because Mr. Jackson met the minimum requirements to be a sales representative, he received an interview for the Castleton openings, which took place on August 31, 2007. Id. ¶ 15. Ms. Hill testified that, before the interview, Mr. Wendling had already determined that he did not want to hire Mr. Jackson because he did not think he Mr. Jackson would "be a good fit" at the Castleton location. Hill Dep. at 104-105. Despite this alleged comment, Ms. Hill and Mr. Wendling interviewed Mr. Jackson, and, as part of the hiring process, they also reviewed Mr. Jackson's sales performance. During his interview, Ms. Hill informed Mr. Jackson that one of her objectives was to hire someone who could increase the store's sales of Verizon accessories. Hill Dep. at 44-45.
Upon review of Mr. Jackson's sales numbers, Ms. Hill observed that Mr. Jackson's accessory sales were "low" (id. at 44) and Mr. Wendling noted that Mr. Jackson regularly failed to meet Verizon's expectations for accessory sales. Wendling Aff. ¶ 13. However, Ms. Hill testified that those numbers had to be considered with reference to his location because the Lafayette Square location, where Mr. Jackson worked at the time, "gets no business." Hill Dep. at 121-122. Despite this obstacle, Mr. Jackson was one of the top overall sellers at the Lafayette Square store from March 2007 to the time of his interview.4 See Pl.'s Exh. B.
During the interview, Ms. Hill and Mr. Wendling observed that Mr. Jackson had difficulty maintaining eye contact with them, and Ms. Hill testified that she believed that good eye contact was a necessary skill for a sales representative to possess in order to build trust with customers.5 Hill Dep. at 45-46; see also Wendling Aff. ¶ 14. Additionally, Mr. Wendling determined that Mr. Jackson's communication skills were not as strong as those of the other applicants. Because a sales representative needs to effectively communicate with customers, Mr. Wendling was concerned about Mr. Jackson's deficiencies in this area. Wendling Aff. ¶ 15. Following his interview, neither Ms. Hill nor Mr. Wendling recommended that Mr. Jackson remain under consideration for either of the open positions. Wendling Aff. ¶ 24.
After interviewing Mr. Jackson, both Ms. Hill and Mr. Wendling completed evaluation forms. Initially, Ms. Hill gave Mr. Jackson a four out of five ("More than Acceptable") rating for both "Sales Ability/Persuasiveness" and "Decision-Making/Critical Thinking." However, after discussing the ratings with Mr. Wendling, Ms. Hill lowered her ratings to match Mr. Wendling's; after the changes, Mr. Jackson ultimately received a three out of five ("Acceptable") rating for "Sales Ability/Persuasiveness" and a two out of five ("Less than Acceptable") rating for "Decision Making/Critical Thinking." Hill Dep. at 49-50. Although Ms. Hill does not recall the precise reason for changing her rankings, she testified that she did so in order to match Mr. Wendling's because "that's how we've always done it." Id. at 50. Ms. Hill stated that, when she strongly disagreed with Mr. Wendling's ratings, she would "voice her opinion." Id. However, Ms. Hill also testified that, although she is comfortable with Mr. Jackson's rankings, she would not have ranked him as low as Mr. Wendling advised and that the decision not to recommend him for further consideration was more Mr. Wendling's decision than hers. Id. at 111, 119.
Alexandria Wilson (African-American female) and Branden Lienemann (Caucasian male) were ultimately chosen for the two openings at the Castleton store. At the time they were hired for the sales representative positions, both Ms. Wilson and Mr. Lienemann already worked at the Castleton store under Ms. Hill's supervision6 as retail customer support representatives. Verizon customer support representatives have some sales and customer service responsibilities. Hill Dep. at 56; Wendling ¶ 20. According to both Ms. Hill and Mr. Wendling, Ms. Wilson had demonstrated a strong work ethic and sales performance and potential in the course of her duties as a customer support representative. Hill Dep. at 57; Wendling Aff. ¶ 20. Ms. Wilson received a rating of "More than Acceptable" (four out of five) on all criteria by both Ms. Hill and Mr. Wendling, based, inter alia, on her previous performance as a Verizon employee; the fact that she brought an action plan to her interview; her impressive sales numbers, particularly in accessory sales; and the quality of answers she provided at her interview. Hill Dep. at 58-61; Wendling Aff. ¶ 21.
Mr. Lienemann, who was hired to fill the second open position at Verizon's Castleton location, received an overall rating of "More than Acceptable" by Ms. Hill, with no score lower than a three out of five on any criterion. Ms. Hill stated that Mr. Lienemann had demonstrated, both in the interview and through his prior performance, that he was very dedicated to his work; he had good sales results; was an effective communicator; and was a "great asset" to Verizon. Hill Dep. at 69-71. However, she noted that, during his interview, Mr. Lienemann had sweaty hands, and seemed nervous and shaky with his words. Id. at 67. Moreover, Ms. Hill testified that, while she believed Mr. Lienemann was a good employee, she did not feel that he was ready for a sales position and that he was not her first choice to fill one of the open positions. Id. at 62-63, 81. Although Mr. Wendling did not participate directly in this interview,7 Mr. Lienemann ultimately was hired in part at least because Mr. Wendling said that Mr. Lienemann was the candidate that he would support and approve for the job. Id. at 72. Mr. Wendling testified by affidavit that Mr. Lienemann had demonstrated, in the course of his duties as a retail customer support representative at the Castleton location, his work ethic, sales performance and potential, and that he was a good "fit" at the Castleton store. Wendling Aff. ¶ 20.
During her deposition, Ms. Hill testified that her top choice for the position filled by Mr. Lienemann was Tazae Hughes, an...
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