Luddington v. Indiana Bell Tel. Co., IP 86-1295-C.

Citation796 F. Supp. 1550
Decision Date10 May 1991
Docket NumberNo. IP 86-1295-C.,IP 86-1295-C.
PartiesGeorge J. LUDDINGTON, Plaintiff, v. INDIANA BELL TELEPHONE CO., Defendant.
CourtU.S. District Court — Southern District of Indiana

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John O. Moss, Moss & Walton, Indianapolis, Ind., for plaintiff.

Gregory J. Utken, Baker & Daniels, Indianapolis, Ind., for defendant.

ENTRY GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

TINDER, District Judge.

This cause comes before the court on defendant Indiana Bell Telephone Company's Motion for Summary Judgment. Plaintiff George J. Luddington, a black employee of Indiana Bell, filed a two-count complaint on November 3, 1986, against his employer for its alleged actions or inactions with respect to his promotion and transfer opportunities. In count I, Luddington alleges race discrimination and retaliation by Indiana Bell in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e—2000e-17. This court has jurisdiction over this claim pursuant to 42 U.S.C. § 2000e-5(f)(3). In count II, Luddington alleges that Indiana Bell denied Luddington the same right to make and enforce contracts as is enjoyed by white citizens of the United States in violation of 42 U.S.C. § 1981. This court has jurisdiction over the second claim pursuant to 28 U.S.C. § 1343.

I. Standard of Review

Summary judgment, pursuant to Federal Rule of Civil Procedure 56, is properly granted only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). In making this determination, this court views the record in the light most favorable to the party opposing the motion. See Morgan v. Harris Trust & Sav. Bank, 867 F.2d 1023, 1026 (7th Cir.1989) (per curiam). The moving party has the initial burden of demonstrating that absence of a genuine issue of material fact. Celotex Corp., 477 U.S. at 323, 106 S.Ct. at 2552. The nonmoving party must then "set forth specific facts showing that there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986) (quoting Fed. R.Civ.P. 56(e)). "At the summary judgment stage the judge's function is not ... to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Id. at 249, 106 S.Ct. at 2511. A court must enter summary judgment against the non-moving party if, after adequate time for discovery, the party "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." Celotex, 477 U.S. at 322, 106 S.Ct. at 2552. "In such a situation, there can be `no genuine issue as to any material fact,' since a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial." Id. at 322-23, 106 S.Ct. at 2552. Furthermore, a factual dispute must be outcome determinative to preclude summary judgment. Donald v. Polk County, 836 F.2d 376, 379 (7th Cir.1988). Thus, the mere assertion of a factual dispute cannot defeat the motion for summary judgment. Anderson, 477 U.S. 242, 106 S.Ct. 2505.

Summary judgment is frequently not an appropriate resolution in a Title VII case. See Holland v. Jefferson Nat'l Life Ins. Co., 883 F.2d 1307, 1312 (7th Cir.1989); Powers v. Dole, 782 F.2d 689, 694 (7th Cir.1986). However, summary judgment is not automatically inappropriate simply because issues of discriminatory motive or intent are raised. See Holland, 883 F.2d at 1312. As the Seventh Circuit has counselled, this court must approach a question of summary judgment in a discrimination case with special caution. Id. at 1313.

II. Background

Luddington, who has been employed by Indiana Bell since January 1966, was a Level 1 Supervisor1 at the time material to this litigation and had been since his promotion from an hourly craft worker in 1979. His relatively long employment relationship with Indiana Bell, however, has not been without strife. In 1978, Luddington filed suit against Indiana Bell also alleging race discrimination. Apparently, this suit was settled. He also has filed two other charges of race discrimination against Indiana Bell with the Equal Employment Opportunity Commission (EEOC) and one similar charge with the Indiana Civil Rights Commission. Luddington filed the EEOC charge upon which this suit is based on January 16, 1986. At the last count, Luddington alleges that Indiana Bell discriminated against him in not selecting him for promotion to twenty-eight job positions and for seven transfers. However, Luddington did not inform Indiana Bell that he was alleging discrimination regarding four of the job promotion positions until after discovery was closed and over a month after the filing of the motion for summary judgment. This court finds the defendant's concerns regarding these tardy claims to be of merit, and this court will not allow the plaintiff to raise these new claims, which would require additional discovery. Thus, any claims regarding the following four job openings cannot be pursued in this litigation, though the plaintiff is free to try to pursue them in a different suit: Director-ONA Market Development; Director-Technical Regulatory Liaison; Director-Switched Service Systems; and Director, BOC Personnel Support. This leaves Luddington with claims regarding twenty-four job promotions and seven transfers.

In order to understand the facts surrounding the thirty-one job positions involved in this case, this court will give a brief synopsis of Indiana Bell's procedures for job openings as set forth by the defendant. Indiana Bell has a Management Resource Center (MRC) that maintains information about job openings within Indiana Bell and outside Indiana Bell with other Bell Operating Companies and their affiliate (BOCs). An Indiana Bell employee may visit the MRC to obtain information on job openings, and the MRC also publishes a Management Job Openings List, which is circulated internally.

Once a year, employees complete Form 2930, which lists their backgrounds, experience, qualifications and desires. This information is given to MRC. Thus, if there is a job opening, the MRC, upon request, provides a manager with the names of employees who meet the general qualifications and who have expressed an interest in that area. An employee could also submit his or her name as an applicant for a particular opening.

According to Indiana Bell, it has been down-sizing its work force since the divestiture of AT & T on January 1, 1984. Thus, Indiana Bell states that its policy is that any manager who has a job opening has an obligation to fill it with existing managers at that same level who have the requisite qualifications. If there are no qualified lateral candidates, then the manager may consider candidates for promotion.

The procedures for filling the BOC positions are more complex. According to Indiana Bell, BOC openings were generally delineated either "career" or "rotational" prior to 1988. Career openings meant that an employee selected for the job would become an employee of that BOC permanently. Rotational openings, on the other hand, meant that an employee selected for the job would be an employee of the BOC for a certain number of years and would then return to Indiana Bell at a pre-designated level. This was known as a "buy-back," and Indiana Bell had to agree to it before an employee could be considered for a BOC job. If an Indiana Bell employee was interested in a BOC job opening, he or she would complete an inter-company transfer form and submit it to his or her supervisor. The employee's fifth level supervisor had to approve the request for transfer and a buy-back before he or she could be transferred to a BOC position. All decisions regarding interviews and job selections for a BOC opening were made by the BOC, not by Indiana Bell; however, Luddington states that it was Indiana Bell's responsibility to deliver his applications to the respective BOCs.

Luddington alleges that between 1982 and 1986 he sought promotion or transfer to over thirty jobs and that he was not chosen because of his race and/or in retaliation for his previous charges of discrimination. Luddington cites his high rating on employee evaluations, his employment experience and his educational background2 as evidence that he was qualified for all of the job openings that he sought. Some openings that would have been promotions were with Indiana Bell, while others were with BOCs. All of the transfers were with Indiana Bell. The management levels of the job openings ranged from Level 2 to Level 4. The job openings and pertinent information are listed below.3

                                                IBT     Mgmt.  Other BOC
                       Promotions             Employer  Level   Employer  Date Filled4
                1(a)  Specialist-Personnel      IBT       2        -      06/01/82
                1(b)  Manager (St. Rate Case     -        2       BOC     09/15/83
                      Support)
                1(c)  Associate, Network of      -        2       BOC     02/15/84
                      the Future
                1(d)  Specialist, Personnel     IBT     N/A5    -       12/31/83
                
                1(e)  District Manager-Network            -          3            BOC       04/10/84
                      Planning
                1(f)  Manager (Comptroller)              IBT         2             -        09/01/84
                      (# 95)
                1(g)  Manager (Comptroller)              IBT         2             -        07/01/84
                      (# 69)
                1(h)  Manager (Network)                  IBT         2             -        12/01/84
                1(i)  Public Affairs                      -         3/4           BOC       10/01/84
                1(j)  Director, Federal Regulatory
...

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