Powers v. Dole, 84 C 3790.

• Decision Date: 20 November 1984
• Docket Number: No. 84 C 3790.,84 C 3790.
• Parties: Michael F. POWERS, Plaintiff, v. Elizabeth H. DOLE, Secretary of U.S. Department of Transportation, Defendant.
• Court: U.S. District Court — Northern District of Illinois

607 F. Supp. 841

Michael F. POWERS, Plaintiff, v. Elizabeth H. DOLE, Secretary of U.S. Department of Transportation, Defendant.

No. 84 C 3790.

United States District Court, N.D. Illinois, E.D.

November 20, 1984.

Raymond J. Bylinski, Chicago, Ill., for plaintiff.

Dan K. Webb, U.S. Atty. by Elizabeth Landes, Asst. U.S. Atty., Chicago, Ill., for defendant.

MEMORANDUM AND ORDER

BUA, District Judge.

Before the Court are cross-motions for summary judgment in a reverse discrimination case. The plaintiff, Michael Powers, is an employee of the Federal Aviation Administration (FAA) of the United States Department of Transportation (DOT). The defendant, Elizabeth H. Dole, is the Secretary of the DOT. For the reasons stated herein, defendant's motion is granted and plaintiff's motion is denied.

I. FACTS

Michael Powers has been employed by the FAA continuously since August 30, 1981. During 1981, Powers participated in the FAA Academy's training program for air traffic controllers. He was notified on December 14, 1981, that he had failed Phase IV of the training program. He was thereafter assigned to another position within the FAA at a lower rate of pay.

On December 30, 1981, Powers filed a formal grievance within the FAA alleging that he had failed the training program for air traffic controllers because his training class had received inadequate instruction. He requested that he be "recycled," i.e., permitted to undergo air traffic controller training again.

On February 23, 1982, the FAA grievance examiner responsible for the initial review of Powers' grievance, Elmer Loudermilk, recommended that Powers' request for recycling be granted. Kenneth C. Patterson, the grievance official to whom the grievance examiner submitted his recommendation in accordance with the FAA's grievance procedures, rejected the examiner's recommendation and concluded that Powers' grievance should be denied. In an affidavit submitted in support of defendant's motion for summary judgment, Patterson stated that he found insufficient evidence to substantiate Powers' claim of inadequate instruction. In addition, he stated that he did not base his decision on the fact that Powers is a white male.

Paul K. Bohr, Director of the Great Lakes Region of the FAA, subsequently reviewed Powers' grievance pursuant to FAA grievance procedures and concluded that it should be denied. In his affidavit, Bohr stated that he found no merit in Powers' claim that inadequate instruction was the cause of his training failure. In addition, he stated that he did not base his decision on the fact that Powers is a white male. In response to Powers' letter of May 19, 1982 challenging his decision, Bohr denied Powers' request for reconsideration of his grievance in a letter dated June 23, 1982.

On May 18, 1982, the day before he wrote to Bohr requesting reconsideration of his grievance, Powers lodged an informal discrimination complaint with Henry T. Rogers, the Equal Employment Opportunity Counselor for the DOT in Chicago. On June 29, 1982, Powers timely filed a formal complaint of discrimination with the FAA. He cited as the basis for his discrimination complaint the "improper and unfair handling of an FAA Agency Grievance...." In addition, he alleged: "Minorities that show good reason to be recycled are given the opportunity. It appears, that in this case there is good reason, and I am being denied the right to be recycled because I am a white male, rather than part of a minority group."

On April 6, 1984, the DOT issued its finding of no discrimination in Powers' case. On May 1, 1984, Powers filed his complaint in this case, alleging that the defendant discriminated against him because of his "race (white) and sex (male) in that minorities and females who show cause to be recycled through the Federal Aviation Administration Academy are so recycled, although he having shown cause to be recycled was not."

Supported by affidavits of defendant's employees, FAA records reveal that eleven individuals who failed the FAA air traffic controller training program filed FAA grievances seeking recycling during 1980 through 1983. Only one of those eleven was recycled. The one individual who was recycled through the grievance procedure was a nonminority male.

In addition, individuals who feel they have been discriminated against in the course of their training for air traffic controllers' positions may file discrimination complaints. According to regional FAA records, from 1980 through December 11, 1981, seven individuals who filed successful complaints of discrimination with the Great Lakes Region of the FAA were recycled through the training program. Of those seven, six were black females and one was a white female. During the same period, an additional 15 individuals filed unsuccessful complaints of discrimination seeking to be recycled. Among those 15 individuals were five females, of whom at least two were white females, and ten males, of whom at least six were white; the racial identification of two of the females and one of the males is not indicated by the records.

Powers does not allege that he was discriminated against in the course of his training or instruction for the position of air traffic controller. Rather, he alleges discrimination in the FAA's rejection of his grievance claiming that he failed his training course because of poor instruction.

II. DISCUSSION

1. Plaintiff's Motion and Local Rule 12(e)

Rule 12(e) of the General Rules of the United States District Court for the Northern District of Illinois provides:

With each motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure the moving party shall serve and file, in addition to the affidavits (if any) and other materials referred to in Rule 56(e) and a supporting memorandum of law, a statement of the material facts as to which the moving party contends there is no genuine issue ... including with that statement references to the affidavits, parts of the record and other supporting materials relied upon to support such statement. Failure to submit such a statement constitutes grounds for denial of the motion.

In the present case, the Court finds that the plaintiff's motion for summary judgment and supporting memorandum and his reply memorandum do not meet the requirement of Rule 12(e). The memoranda outline the procedural history of plaintiff's administrative complaint and refers to evidence from the FAA records discussed above in statistical support of his reverse discrimination argument. They do not contain any affidavits from plaintiff or others in support of his reverse discrimination claim. It is clear that nothing contained in plaintiff's memoranda approaches the type of statement contemplated by Rule 12(e). In fact, plaintiff attempts in his reply memorandum to argue the...