Murphy v. Radnor Twp.
| Decision Date | 23 October 2013 |
| Docket Number | No. 12-4202,12-4202 |
| Parties | JOHN J. MURPHY, Appellant v. RADNOR TOWNSHIP |
| Court | U.S. Court of Appeals — Third Circuit |
NOT PRECEDENTIAL
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Submitted Under Third Circuit LAR 34.1(a)
(Submitted: July 8, 2013)
Before: GREENAWAY, JR., SLOVITER, and BARRY, Circuit Judges.
John Murphy ("Murphy") appeals the District Court's grant of summary judgment in favor of Radnor Township ("Radnor") on his claim of discriminatory treatment underthe Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. § 4301 et seq., and the Pennsylvania Military Affairs Act ("PMAA"), 51 Pa. Cons. Stat. Ann. § 7301 et seq. For the reasons provided below, we will reverse.
As we write primarily for the benefit of the parties, we recount only the essential facts. Because we are reviewing the grant of Radnor's motion for summary judgment, we view the facts in the light most favorable to Murphy. See Scheidemantle v. Slippery Rock Univ. State Sys. of Higher Educ., 470 F.3d 535, 538 (3d Cir. 2006).
Murphy joined the Air Force in 1997 and served on active duty until 2002. Since 2002, Murphy has served in the Active Reserves and currently holds the rank of Major. In June 2009, Murphy applied for the position of Township Manager for Radnor. After Murphy submitted his application materials, he received a phone call from Radnor's then Interim Township Manager, John Granger ("Granger"), asking Murphy to come in for an interview before Radnor's Board of Commissioners ("Board"). Seven other applicants were selected for a first-round interview. On June 27, 2009, before the scheduled interview, Murphy's brother, a Congressman from Pennsylvania, called and left a message for Commissioner Thomas Masterson ("Masterson"). Masterson testified at his deposition that the message was brief: Congressman Murphy stated that he was calling on behalf of his brother and asked that his call be returned. Masterson did not return the phone call.
The interview was conducted on July 22, 2009 before four members of Radnor's Board: Masterson, John Fisher ("Fisher"), Enrique Hervada ("Hervada"), and Harry Mahoney ("Mahoney"). Granger was also present. The interview lasted approximately 45 minutes, during which Masterson spent ten minutes questioning Murphy on his military obligations, including how many days he was absent during his previous employment due to his military duties and how Radnor would be affected by any future military obligations. Murphy contends that Masterson also specifically asked him how many days he would be absent due to future military obligations. Murphy responded that he would be absent approximately 35 days per year. In response to these questions, Murphy offered to go on inactive reserves in order to secure the job.
This line of questioning ended after Granger became concerned about the legality of these questions and intervened. Following Granger's interruption, the commissioners turned to other topics of discussion, including how Murphy's past military experience and civilian employment suited him for the position of Township Manager.
On July 27, 2009, Granger spoke to Murphy on the phone, informing him that he was not being asked to return for a second-round interview. Although Granger does not remember the contents of the conversation, Murphy contends Granger told him that, while Murphy was in the Board's top four choices, the Board was not going to invite him back for a second-round interview. Murphy also maintains Granger specifically told him that the Board had "serious reservations about [his] ongoing military obligation." (App. 173.) None of the other applicants interviewed or offered a second-round interview havea military background or current military obligations.
Murphy subsequently filed suit against Radnor, alleging violations of USERRA and PMAA. Following discovery, the District Court granted summary judgment in favor of Radnor. Murphy v. Radnor Twp., 904 F. Supp. 2d 498 (E.D. Pa. 2012). The District Court held that, although Murphy had met his burden in proving that his military obligations were a motivating factor in Radnor's decision not to hire him, Radnor "presented evidence of numerous legitimate non-discriminatory reasons, other than [Murphy's] military obligations" sufficient to overcome the claims. Id. at 515. Specifically, the District Court concluded that Murphy could not withstand the summary judgment motion because Radnor "adduced sufficient evidence from which no reasonable jury could find that its reasons for not hiring Murphy were invalid." Id. at 514. Murphy timely appealed.
We believe that the District Court erred by requiring Radnor to show that no reasonable jury could find its reasons for not hiring Murphy as invalid. This is not the standard required under USERRA. Instead, USERRA requires that Radnor show a legitimate reason for not hiring Murphy that is "so compelling" and "so meagerly contested" that there is no genuine dispute that Murphy would not have been hired regardless of his future military obligations. We do not believe Radnor has met the USERRA standard as a genuine dispute of fact exists on whether Radnor would have hired Murphy absent his future military commitments.
The District Court had jurisdiction pursuant to 38 U.S.C. § 4323, 28 U.S.C. § 1331 and 28 U.S.C. § 1367. We have jurisdiction pursuant to 28 U.S.C. § 1291.
We review a district court's grant of summary judgment de novo, using the same standard as the district court. Pichler v. UNITE, 542 F.3d 380, 385 (3d Cir. 2008). Summary judgment is only appropriate where "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a); see also United States v. Donovan, 661 F.3d 174, 184-85 (3d Cir. 2011). We are not only to view the facts in the light most favorable to the non-moving party, but we must draw all reasonable inferences in that party's favor. Scheidemantle v. Slippery Rock Univ. State Sys. of Higher Educ., 470 F.3d 535, 538 (3d Cir. 2006). "Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge," and are thus inappropriate at the summary judgment stage. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). "[A]lthough the court should review the record as a whole, it must disregard all evidence favorable to the moving party that the jury is not required to believe." Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 151 (2000).
USERRA was enacted, in part, "to prohibit discrimination against persons because of their service in the uniformed services." 38 U.S.C. § 4301(a)(3). USERRA prohibits discrimination in employment on the basis of military service. The operative section of this Act provides:
A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
38 U.S.C. § 4311(a).
An employer violates USERRA if "the person's membership [in the military] is a motivating factor in the employer's action." Id. 4311(c)(1). The employer will not be in violation of the Act, however, if "the employer can prove that the action would have been taken in the absence of such membership." Id. Thus, as the District Court properly noted, "the statute, by its terms, prohibits discriminatory actions where a person's military status is simply a motivating factor, not the sole motivating factor." Murphy, 904 F. Supp. 2d at 504.
USERRA, by its own terms, establishes a two-step burden-shifting framework by which to analyze such claims.1 First, the plaintiff alleging the discriminatory act bearsthe initial burden of showing that the "employee's military service was a substantial or motivating factor in the adverse employment action." Sheehan v. Dep't of Navy, 240 F.3d 1009, 1013 (Fed. Cir. 2001) (internal quotation marks omitted).
A motivating factor does not mean that it had to be the sole cause of the employment action. Instead, it is one of the factors that a truthful employer would list if asked for the reasons for its decision. Indeed, [m]ilitary status is a motivating factor if the defendant relied on, took into account, considered, or conditioned its decision on that consideration.
Coffman v. Chugach Support Servs., Inc., 411 F.3d 1231, 1238 (11th Cir. 2005) (alteration in original) (internal quotation marks and citations omitted).
If the plaintiff meets his burden, the burden of proof then shifts to the employer, who must prove that it would have taken the adverse action for non-discriminatory reasons, regardless of the employee's military service.2 Sheehan, 240 F.3d at 1013. This standard of proof is the "but for" test. Coffman, 411 F.3d at 1238. "All that is meant [by this standard] is that if the [employer] had two reasons for taking an adverse action against the [employee], one of them forbidden by the statute and the other not, and the [employer] can show that even if the forbidden one had been absent the adverse action would still have been taken, the [employee] loses."3 Madden v. Rolls Royce Corp., 563 F.3d 636, 638 (7th Cir. 2009).
Courts have thus held that summary judgment for the employer is appropriate if the employer can produce uncontested evidence that it would have taken the adverse employment action even in the absence of an improper motive. See, e.g., Leisek v. Brightwood Corp., 278 F.3d...
To continue reading
Request your trial