Stock v. Universal Foods Corp.

• Decision Date: 31 March 1993
• Docket Number: No. L-92-557.,L-92-557.
• Citation: 817 F. Supp. 1300
• Parties: David STOCK v. UNIVERSAL FOODS CORPORATION, et al.
• Court: U.S. District Court — District of Maryland

817 F. Supp. 1300

David STOCK v. UNIVERSAL FOODS CORPORATION, et al.

No. L-92-557.

United States District Court, D. Maryland.

March 31, 1993.

Charles B. Zuravin, Columbia, MD, for plaintiff.

Leslie W. Gawlik, Baltimore, MD, for defendants.

MEMORANDUM

LEGG, District Judge.

This case illustrates the sometimes conflicting and murky dictates of the employment discrimination laws. Pursuant to an affirmative action plan ("AAP"), Universal Foods Corporation ("Universal") hired a minority (black) worker. A rejected white applicant brought the instant reverse discrimination suit pursuant to 42 U.S.C. §§ 1981 and 1985(3).

Defendants filed, on April 1, 1992, a motion to dismiss. This Court's July 24, 1992 order gave notice to the parties that the Rule 12(b)(6) motion was being converted to a motion for summary judgment because it presents matters outside of the pleadings. See Fed.R.Civ.P. 56. Plaintiff thereafter filed, on August 24, 1992, a cross-motion for summary judgment.

After a review of the papers on file, this Court finds that no hearing is necessary, see Local Rule 105.6 (D.Md.), and that summary judgment for defendants is appropriate. This case is governed by the rule that an employer may hire a qualified minority worker over a more qualified majority worker if the employer is acting pursuant to a bona fide (i.e., remedial) AAP.

I. FACTS

Plaintiff David Stock ("Stock") is a white male who unsuccessfully sought a position as a maintenance mechanic at Universal's Red Star Yeast plant in Baltimore. Stock, whose experience as a tool and dye maker qualifies him for the job, contends that he was rejected solely because of his race.

Defendant Kenneth Randall ("Randall") is Universal's Plant Manager. Defendant Dennis Cassidy ("Cassidy") is Universal's General Superintendent, and is responsible for the implementation of Universal's AAP. Defendant Ronald C. Miller ("Miller") is Universal's Maintenance Superintendent; he supervises the maintenance mechanics.

Universal bought the Red Star Yeast plant in 1981 from Diamond Shamrock. At that time, it was the practice at the plant to recruit new employees by word of mouth. As a result, new employees were typically friends or relatives of old employees. One consequence of this practice was an almost complete absence of minorities and women in the work force. When Universal bought the plant, there were only two minority employees.

Although Universal's management made some effort to recruit minority employees, the company did not adopt a formal affirmative action program until 1991, after an Equal Employment Opportunity Commission ("EEOC") audit revealed violations of Executive Order 11246 and various federal fair employment statutes and regulations. In an effort to remedy these violations and to avoid potential legal liability, Universal, on June 28, 1991, entered into a conciliation agreement with the EEOC. Under that agreement, Universal developed and adopted an AAP, which described Universal's past deficiencies, its new hiring policies, and its hiring goals for fiscal year 1991.¹

The May 1991 workforce analysis, prepared for the EEOC audit, reflected an underutilization of minorities in the "craft" category. Of the twenty-one craft positions at the Baltimore plant, only two were filled by blacks. Four of the last six craft hires were white, two black. At Universal, maintenance mechanics were included in the craft category. All of the fourteen maintenance mechanics were white; the two previous hires for the position were white.

Universal's AAP provides that the primary considerations in hiring decisions are knowledge, skill, job competence, willingness to work, and the ability to work with others. In an effort to meet Universal's hiring goals and its need for a competitive workforce, the AAP provides that each employee shall be competent and shall have experience which demonstrates qualifications for the job, including loyalty and productivity. The AAP specifically states that its goals are not rigid quotas, but are rather targets "reasonably attainable by means of applying every good faith effort to make all aspects of the entire affirmative action program work."

In late August or early September, 1991 a position in the plant's maintenance department became available. This position was for a general mechanic on the night shift whose primary responsibility is servicing the packaging equipment. This night mechanic works alone, in contrast to the day shift mechanics who work in pairs. About half of the Universal plant's maintenance mechanics are "papered" machinists, the other half are not.² The two previous hires into the maintenance department were not papered.

The night shift position became available when a day shift machinist quit and the old night shift machinist switched to the day shift. Neither of these two men were papered. A night shift machinist, therefore, could effectively perform the job without being a papered machinist.

Despite the AAP requirement that all job openings be listed with the state job service and be advertised, Stock learned about the Universal job opening from Preston Sealover ("Sealover"), a Universal maintenance mechanic, who told Stock that Universal was looking for a journeyman machinist. Sealover approached Stock after Miller asked his maintenance mechanics whether they knew anyone who would be interested in filling the department's vacancy.

Miller, who was unfamiliar with the new AAP, interviewed Stock for the open position on September 9, 1991. Miller told Stock he was impressed with Stock's qualifications and arranged for Stock to be interviewed the next day by the plant manager, Allan Brethauer ("Brethauer"). After this second interview, Miller again told plaintiff that everything "looked good," and Miller began arranging for a physical examination for Stock.

It then came to the attention of Dennis Cassidy, the Assistant Plant Manager, that Miller had interviewed an applicant before the position had been publicly advertised.³ Cassidy contacted Miller and informed him of the AAP's requirements. Miller in turn told Stock that the company needed to advertise and interview more applicants to comply with its affirmative action plan, but that Miller was still very impressed by plaintiff's qualifications.

Universal listed the opening with the Maryland State Job Service, and placed a print advertisement in the Baltimore Sun on September 14 and 15, 1991. The ad read:

MACHINIST-MECHANIC

Familiarity with high speed packaging equipment preferred. Experience in plant maintenance is essential. Hours will be primarily third shift.

The Maryland State Job Services ad was similar, though not as detailed regarding specific qualifications.

Some thirty-two men applied. After reviewing the applications, Miller chose the five men who were most qualified on paper and interviewed them. Of these applicants, three were journeyman machinists and two were tool and dye makers. Miller thereafter told both Stock and the maintenance workers at Universal that Stock was still the most qualified applicant.

None of the initial interviewees were minority group members. This fact, Cassidy suspected, was not because there were no qualified minority applicants, but rather because Miller was prejudiced and had weeded out applicants who appeared on paper to be minorities.⁴ Consequently, Cassidy urged Miller to find qualified minority applicants and call them in for interviews. At no time, however, did Cassidy tell Miller that he must hire a minority.

Miller went back through the applications and located two he suspected had been submitted by blacks.⁵ On October 10, 1991, Miller asked Sealover to apologize to Stock for the delay in a hiring decision, and to inform him that Universal intended to interview a black applicant in order to comply with its AAP.

Tyrone Anderson ("Anderson") was interviewed and subsequently hired by Universal for the maintenance vacancy. Anderson, who is black, had vocational training from a respected school and had production line equipment experience. His former employer gave him an unqualified recommendation and expressed disappointment that he was leaving. Despite his admitted prejudice against minorities, Miller was impressed by Anderson's qualifications and decided Universal should hire him. Anderson began work on November 4, 1991.

Although the other maintenance mechanics were upset that a black man had been chosen,⁶ Anderson soon impressed them with his quality work and amiable personality.⁷ There have been no complaints about Anderson's work since the initial grumbling.

The essence of Count I of Stock's complaint is that Tyrone Anderson was not qualified for the maintenance mechanic position.⁸ The undisputed material facts of this case, however demonstrate beyond legitimate dispute that (i) Anderson was qualified, (ii) Universal's AAP was bona fide, and (iii) Anderson was hired pursuant to the plan. Accordingly, all defendants are entitled to summary judgment.

II. DISCUSSION

A. SUMMARY JUDGMENT STANDARD

Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with 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); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

The moving party bears the burden of demonstrating the absence of any genuine issue of material fact. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970); Charbonnages de France v. Smith, 597 F.2d 406, 414 (4th Cir.1979). In determining whether such an issue exists, the Court must view the facts, and all reasonable inferences to be drawn from them, in the light most favorable to the non-moving party. Pulliam Inv. Co., Inc. v. Cameo Properties, 810 F.2d 1282, 1286 (4th Cir.1987); Ross v....