Ward v. Von Maur, Inc.
| Decision Date | 29 August 2008 |
| Docket Number | No. 4:06-CV-00182.,No. 3:04-CV-00159.,3:04-CV-00159.,4:06-CV-00182. |
| Citation | 574 F.Supp.2d 959 |
| Parties | Walkesheia WARD,<SMALL><SUP>1</SUP></SMALL> Darlena McBride, Tanya Gardner, Robert Donelson, Raquel Maiden, Charles Smith, Laronica Williams,<SMALL><SUP>2</SUP></SMALL> Latoya Young, Machelle Guy, Roscoe Haymon, Robert Williams, Damenica Johnson, and James Thomas,<SMALL><SUP>3</SUP></SMALL> Plaintiffs, v. VON MAUR, INC., Defendant. Equal Employment Opportunity Commission, Plaintiff, v. Von Maur, Inc., Defendant. Darlena McBride, Tanya Gardner, Robert Donelson, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young, Roscoe Haymon, Robert Williams, and James Thomas, Plaintiff-Intervenors, v. Von Maur, Inc., Defendant. |
| Court | U.S. District Court — Southern District of Iowa |
Jean Camp, John Hendrickson, EEOC, Dennis R. McBride, EEOC, Milwaukee District Office, Milwaukee, WI, James Lee, Gwendolyn Young Reams, EEOC, Washington, DC, Jill Weinstein, Erika E. Pedersen, Pedersen & Weinstein LLP, Chicago, IL, Dorothy A. O'Brien, Dorothy A. O'Brien, Attorney & Counselor Law, PLC, Davenport, IA, for Plaintiffs.
Terri Lea Fildes, Elizabeth L. Hubbard, John Campbell O'Connor, Matthew P. Pappas, Pappas & Scnell, P.C., Rock Island, IA, for Defendant, Von Maur Inc.
Before the Court is Defendant, Von Maur, Inc.'s ("Von Maur" or "Defendant") Motion for Summary Judgment,4 filed June 2, 2008.5 Clerk's No. 161. After being granted an extension (Clerk's No. 180), Plaintiffs, the Estate of Walkeshia Ward ("Ward"), Darlena McBride ("McBride"), Tanya Gardner ("Gardner"), Robert Donelson ("Donelson"), Raquel Maiden ("Maiden"), Charles Smith ("Smith"), Latoya Young ("Young"), Machelle Guy ("Guy"), Roscoe Haymon ("Haymon"), Robert Williams ("Williams"), Damenica Johnson ("Johnson") (collectively "Individual Plaintiffs"), and the Equal Employment Opportunity Commission ("EEOC") (collectively "Plaintiffs") filed a Response on July 18, 2008. Clerk's Nos. 184, 185. After being granted an extension (Clerk's No. 192), Von Maur filed a Reply on August 11, 2008. Clerk's No. 195. The matter is fully submitted.
Von Maur is a privately held corporation headquartered in Davenport, Iowa. Def.'s Statement of Material Facts ¶ 1. Von Maur operates twenty-two high-end retail clothing, cosmetic, jewelry, and houseware department stores throughout the Midwest. Id. ¶ 2. The Plaintiffs allege that two Von Maur stores, specifically Von Maur Center and NorthPark, both located in Davenport, Iowa, failed to hire them on the basis of their race (African-American). Individual Plaintiffs6 filed the present lawsuit on December 29, 2004, alleging that Von Maur failed to hire them on the basis of their race in violation of Title VII, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. See Clerk's No. 1. On April 19, 2006, the EEOC filed a class action7 alleging that Von Maur failed to hire applicants on the basis of their race in violation of Title VII. See Case No. 4:06-cv-182, Clerk's No. 1. Individual Plaintiffs McBride, Gardner, Donelson, Maiden, Smith, Young, Haymon, and Williams intervened in the EEOC case. See Case No. 4:06-cv-182, Clerk's No. 15. On July 10, 2006, the Court granted Plaintiffs' Motion to Consolidate the two cases for pre-trial purposes. See id.
Von Maur Center houses the warehouse/distribution center,8 the corporate offices, the buyer functions, and the corporate human resources department, which is composed of two human resources managers, a benefits administrator, and human resources assistants. Def.'s Statement of Material Facts ¶¶ 5, 11. The human resources department at Von Maur Center "conducts store training, develops new hire orientation, and conducts follow-up training with the sales teams on training for new policies and procedures to help develop associates, department managers and executives." Id. ¶ 12. Additionally, Von Maur Center also houses the staff for the mail room, the cafeteria, clerical positions, housekeeping, and other hourly positions. Id. ¶ 198 n. 5.
When an application is submitted to Von Maur Center, then human resources manager, Lisa Peterson ("Peterson"),9 or then human resources assistant, Jill Trytten ("Trytten") would initially screen the application. Id. ¶¶ 29, 33-34, 39-40, 214. The screening process involves reviewing the application and resume, if any, to determine the applicant's10 work history, schedule, skills, and availability. See id. ¶¶ 217, 227. Peterson, for example, would screen applications based on "information concerning the applicant's longevity, type of similar work, and other factors in the application that impressed her." Id. ¶ 223. In effect, Von Maur used the screening process to initially determine if the applicant "might be a good fit in regard to scheduling" and whether the applicant would be "a viable candidate" for Von Maur. Id. ¶ 225. The screening process also involved talking to the applicant in person, or over the telephone, to "gain more information from the applicant," such as the types of positions the person is seeking, their available hours, and any incomplete information on the application. See id. ¶¶ 216, 230, 234. Applicants would be screened out if the applicant could not meet the hours requirement or if no openings were available for the position(s) specified. See id. ¶ 218. However, the "vast" majority of applicants would pass the screening process. See id. ¶ 219.
Although Von Maur maintains a storewide application process, each store makes independent hiring decisions for non-executive positions. See id. ¶ 128. In conducting interviews, Von Maur employs "behavior-based interviewing" which is premised on the fact that "a candidate's past employment behavior is the best predictor of future behavior." Id. ¶ 98. This behaviorbased interviewing is taught from a video entitled, "More Than a Gut Feeling II." See id. ¶¶ 96-98. Von Maur has used this video since at least 1993 to train employees who conduct interviews. See id. ¶¶ 96-97. Thus, following this behavior-based interviewing concept, the interviewer "will study the job requirements . . . and then tailor open-ended interview questions to elicit information from the candidates about his or her abilities in the past to solve problems." Id. ¶ 98. Such behavior-based questions, according to Von Maur, allow the interviewer to predict the applicant's future success or failure for the position(s) sought. See id. ¶ 103.
According to Von Maur, in reviewing an applicant for the first interview, there is no one factor that disqualifies an applicant, rather, the totality of the application is considered. Id. ¶ 274. Although Von Maur maintains a "First Interview Questions" form with pre-set questions, e.g., "What prompted you to apply at Von Maur?", "Why are you interested in this position?", "Describe a coworker that was difficult to work with," etc., interviewers can use their own independent judgment and discretion to determine which questions to ask, so long as pertinent information is gathered to make a decision on an applicant. Id. ¶¶ 275, 280; see Def.'s App. at 2243-44. Except for an "open house" interviewing process, where all applicants who come in for open positions are interviewed, Peterson decides which applicants to interview. See Def.'s Statement of Material Facts ¶ 287. After conducting the first interview, lasting anywhere between five to thirty minutes, Peterson decides which applicants to pass on for a second interview. Id. ¶ 288. Peterson estimates that possibly less than 25%, but more than 10%, of the applicants from the first interview move on to a second interview. Id. ¶ 289. Of the applicants approved for a second interview, approximately 50% are hired by Von Maur.11 Id. ¶ 291.
During the second interview, applicants are provided with a written job description for the position(s). Id. ¶ 301. Von Maur also maintains a "Second Interview Questions" form with pre-set questions, e.g., "What are you looking for in your next job?", "Where do you see yourself in 2 years?", etc. Def.'s App. at 2095. If the position is within the "warehouse" and the second interviewer feels strongly about pursuing an applicant, the applicant is given a tour of the warehouse to provide a perspective of the work environment. See Def.'s Statement of Material Facts ¶ 312. After the second interview, the decision "to continue pursuing" the applicant is a collaboration between the two interviewers. See id. ¶ 310. Thus, according to Von Maur, no one is ever offered employment during the second interview. Id. ¶ 303.
If a decision is made to not pursue the applicant, a regret letter is sent. Id. ¶ 316. The letter would be used, for example, if the applicant is not qualified for the position or if there is a more qualified applicant. Id. ¶¶ 320, 321. Another version of a regret letter is sent to applicants who are qualified, but who sought a position that is currently not open or that does not exist. Id. ¶ 322. Both versions of the regret letter state that the application will be kept active for six months for possible future review. Id. ¶ 327. If, however, a decision is made to pursue the applicant, human resources will then conduct reference checks. See id. ¶¶ 329-30. Von Maur conducts a reference check to verify the information provided by the applicant. Id. ¶ 335. The reference check requires that a minimum of one reference listed on the application be contacted "who can actually speak to the actual work experience of the applicant." Id. ¶ 331. If Von Maur decides to hire the applicant after the reference check, the applicant "will fill out a form allowing Von Maur to conduct a check through USIS (formerly USMA) which is a consumer reporting agency that checks the applicant against a theft database." Id. ¶ 337. If the applicant accepts the position, Von Maur will, at that point, discuss wages, start date, and uniform requirements for warehouse positions. I...
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