Rayl v. Fort Wayne Community Schools

• Citation: 87 F.Supp.2d 870
• Decision Date: 10 February 2000
• Docket Number: No. 1:99-CV-35.,1:99-CV-35.
• Parties: William RAYL, Plaintiff, v. FORT WAYNE COMMUNITY SCHOOLS, Defendant.
• Court: U.S. District Court — Northern District of Indiana

87 F.Supp.2d 870

William RAYL, Plaintiff, v. FORT WAYNE COMMUNITY SCHOOLS, Defendant.

No. 1:99-CV-35.

United States District Court, N.D. Indiana, Fort Wayne Division.

February 10, 2000.

Chris K. Starkey, Fort Wayne, IN, for William Rayl, plaintiff.

William L. Sweet, Jr., Wendy W. Davis, Shane C. Mulholland, Beckman, Lawson Sandler, Snyder and Federoff, Fort Wayne, IN, for Fort Wayne Community Schools, defendant.

MEMORANDUM OF DECISION AND ORDER

COSBEY, United States Magistrate Judge.

I. INTRODUCTION

William Rayl (hereafter "Plaintiff" or "Rayl") has brought this action against Fort Wayne Community Schools (hereafter "Defendant" or "FWCS"), alleging race and sex discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (hereafter "Title VII") and age discrimination in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et. seq. (hereafter "ADEA"). Presently before the Court¹ is FWCS's Motion for Summary Judgment filed on October 22, 1999. The Plaintiff filed his response on November 8, 1999 and the Defendant filed a reply on November 22, 1999. The Court then ordered supplemental briefing regarding the applicability of the Seventh Circuit's decisions in Emmel v. Coca-Cola Bottling Co. of Chicago, 95 F.3d 627 (7th Cir.1996) and Cullen v. Olin Corp., 195 F.3d 317 (7th Cir.1999), and the Plaintiff and Defendant filed their briefs on December 17, 1999 and December 20, 1999, respectively, and the Defendant filed a supplemental response on January 5, 2000. The Court then noted that the Plaintiff was of the erroneous view that white males could not make out a prima facie case under McDonnell Douglas, and in order to decide this case on the merits, he was granted an opportunity to file another supplemental brief to support a claim of indirect race and gender discrimination. The Plaintiff filed his supplemental brief on January 24, 2000, and the Defendant filed its supplemental response on February 2, 2000. This issue is now ripe for review. For the reasons hereinafter provided, FWCS's motion will be GRANTED.

II. PROCEDURAL AND FACTUAL BACKGROUND

FWCS alleges in its motion for summary judgment that Rayl failed to show direct or indirect racial or gender discrimination under Title VII, and failed to show either direct or indirect age discrimination under the ADEA. However, Rayl contends that racial and gender related remarks regarding FWCS's hiring policy and statistical disparities are sufficient to show direct and indirect discrimination under Title VII. Furthermore, Rayl asserts that remarks related to his age along with statistical disparities are sufficient to show both direct and indirect age discrimination under the ADEA. In order to address these issues at the summary judgment stage, the following factual recitation is drafted in a light most favorable to the Plaintiff.

FWCS hired Rayl, a sixty-year-old male Caucasian, as a bus driver on April 1, 1995. (Rayl dep. at 13, 48). During his tenure as a bus driver, Rayl was formally reprimanded and disciplined, as well as suspended. (Rayl dep. at 49-51, 54-55). While still a bus driver, Rayl applied for four Administrative Aide Positions (hereafter "Aide Position"), which entailed a subjective interview process in which the principal from each specific school, or an internal interviewing committee, made the final decision based on the candidates' experience and qualifications.² (Singleton aff. ¶ 5). According to the general job description for an administrative aide, a qualified candidate

[s]hould be a mature person who has had previous experience working with school age students. Should have some college training and be knowledgeable and understanding of the social and cultural structure of our community.

(Def. Deposition Exh. J).

Rayl cited numerous examples of activities to show he is qualified for the positions. For example, to show previous experience working with children, Rayl cited the bus safety program he presented for three years to children in FWCS, both at school and in the community. (Rayl dep. at 16-17). Additionally, Rayl has raised ten children of his own. (Rayl aff. ¶ 5). Rayl also has a four year business degree from St. Francis college, and is approximately half-way through a Masters Degree program in Public Environmental Affairs. (Rayl dep. at 10). In terms of understanding the social and cultural structure of the community, Rayl presents evidence that he has resided in Fort Wayne his entire life, has helped with his sons' Little League team and has volunteered at a local homeless shelter, the Rescue Mission. (Rayl dep. at 15-16, Rayl aff. ¶¶ 6, 8). Despite these qualifications, Rayl was denied each of the four Aide positions. (compl. ¶ 7).

FWCS alleges that Rayl was not hired because of his past poor work performance, his lack of qualifications, and because he was not the most qualified individual. (Singleton aff. ¶¶ 6, 8, 9, Reynolds aff. ¶ 3, Schaefer aff. ¶ 3, Br.Sum.Jud. at 19-24; Reply Br. at 9-10). Generally, when filling Aide positions, FWCS looks for applicants that have prior experience within the school in which they are applying, or have some previous experience and background with student activities, disciplinary procedures, and conflict resolution techniques. (Singleton aff. ¶ 8, Garner aff. ¶ 2).

For example, the Aide Position at Fairfield Elementary School was filled by Kevin Rogers, an African American male under the age of 40.³ (Schaefer aff. ¶ 3). This applicant was employed as a school assistant in the Alternative Program at the Anthis Career Center prior to his application, had a wide range of experience dealing with attendance issues, had worked directly with students, staff and parents, and had prior experience working with elementary school children in activities that would be duplicated at the school. (Schaefer aff. ¶ 3).

Rayl also applied for the Aide Position at South Wayne Elementary School, which was filled by Terry Zock, a Caucasian female over the age of 40.⁴ (Singleton aff. ¶ 13).⁵ This applicant was currently holding a position within the school building, had an exemplary work performance record, extensive leadership and organizational skills, and experience supervising children within the school. (Garner aff. ¶ 3).

The third Aide Position Rayl applied for was at Abbett Elementary School and was filled by Michael L. Edmonds, an African-American male under 40 who had prior extensive experience working directly with students, staff and parents, and in assisting the administrative staff. (Singleton aff. ¶ 14).⁶

The final Aide Position that Rayl applied for was at the Anthis Career Center and was filled by Loretta Clowers, an African-American female, over the age of 40.⁷ (Reynolds aff. ¶ 4). This applicant had significant experience with at-risk adolescent children, and exhibited many qualifications and much expertise during her interview. (Reynolds aff. ¶ 5).

When Rayl applied for the Aide Positions, Gayle Harris, (hereafter "Harris"), Rayl's immediate Transportation supervisor, allegedly twice told him that the Aide Positions were reserved for women and African-Americans. (Rayl dep. at 64-70, Rayl aff. ¶¶ 9, 10). Harris further stated that "black children relate better to black adults" and that she did not disagree with the assessment "that [Rayl was] not hired or given the position because of [his] race and age." (Rayl dep. at dep. 19-22, 64-70, 81-82). Additionally, Glen Oyer (hereafter "Oyer"), a past FWCS transportation manager and bus driver supervisor, and Robert Ennis (hereafter "Ennis"), a retired, former principal at Jefferson Elementary School (Rayl dep. at 67), both confirmed that Aide Positions were reserved for African American applicants.⁸ (Rayl dep. at 67-68).

Moreover, Pat Hester, Employment Specialist (hereafter "Hester"), and Bill Hedges, former Director of Personnel (hereafter "Hedges"), also related that the positions were reserved for minorities.⁹

PAGE CONTAINED FOOTNOTES

(Rayl dep. at 69, Rayl aff. ¶ 13, Def. Mot.Br. at 4). While neither Harris, Oyer, Hester, nor Hedges were involved in the Aide Position hiring decisions, (Singleton aff. ¶¶ 7, 10, Garner aff. ¶ 4, Reynolds aff. ¶ 6, Schaefer aff. ¶ 4), FWCS admits that at least some were school administrators. (Reply Br. at 4).

Statistically, FWCS had fifty-three (53) Aid Positions as of March 1, 1999. Although men held twenty-four (24) positions and Caucasians held eleven (11) positions, only two (2) positions were held by Caucasian men. Thirty-one (31) of the positions were held by people 40 years old or older.

III. STANDARD OF REVIEW

Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R.Civ.P. 56(c). However, Rule 56(c) is not a requirement that the moving party negate his opponent's claim. Fitzpatrick v. Catholic Bishop of Chicago, 916 F.2d 1254, 1256 (7th Cir.1990). Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery, against a party "who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and in which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). The standard for granting summary judgment mirrors the directed verdict standard under Rule 50(a), which requires the court to grant a directed verdict where there can be but one reasonable conclusion. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). A scintilla of evidence in support of the non-moving party's position is not sufficient to successfully oppose summary judgment; "there must be evidence on which the jury could reasonably find for the...