Ahmed v. Napolitano

909 F. Supp. 2d 37, 2012 WL 6585217, 2012 U.S. Dist. LEXIS 178791, 116 Fair Empl. Prac. Cas. (BNA) 1513
CourtDistrict Court, D. Massachusetts
DecidedDecember 17, 2012
DocketCivil Action No. 10-12069-WGY
StatusPublished
Cited by1 cases

This text of 909 F. Supp. 2d 37 (Ahmed v. Napolitano) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ahmed v. Napolitano, 909 F. Supp. 2d 37, 2012 WL 6585217, 2012 U.S. Dist. LEXIS 178791, 116 Fair Empl. Prac. Cas. (BNA) 1513 (D. Mass. 2012).

Opinion

MEMORANDUM & ORDER

YOUNG, District Judge.

I. INTRODUCTION

Tahar Ahmed (“Ahmed”) brings this action against Janet Napolitano (“Napolitano”), Secretary of the U.S. Department of Homeland Security, claiming that he was denied a promotion to a deportation officer position based on his race (Arab), national origin (Algeria), and religion (Muslim) in violation of Title YII of the Civil Rights Act of 1964. Napolitano now moves for summary judgment, arguing that Ahmed was not an applicant when three other white males1 were recommended for the promotion at issue and thus cannot state a prima facie case of discrimination. Alternatively, Napolitano argues that even if Ahmed was an applicant, there is no evidence of pretext.

A. Procedural Posture

Ahmed filed this suit on November 30, 2010. Compl, ECF No. 1. Qn August 5, 2011. Ahmed amended his complaint. Am. Compl., ECF No. 17. On April 16, 2012, Napolitano moved for summary judgment and accompanied with the motion a memorandum of law and a statement of material facts pursuant to Local Rule 56.1. Def.’s Mot. Summ. J., ECF No. 27; Def.’s Mem. Law Supp. Mot. Summ. J. (“Def.’s Mem.”), ECF No. 28; Local Rule 56.1 Statement Undisputed Material Facts Supp. Def.’s Mot. Summ. J. (“Def.’s SOF”), ECF No. 29. Ahmed opposed the motion on May 8, 2012. PL Tahar Ahmed’s Opp’n Def. Napolitano’s Mot. Summ. J.; & PL’s Rule 56.1 Concise Statement Additional Material Facts; & Mem. Law (“PL’s Opp’ n”),2 ECF No. 33. Napolitano filed a reply on May 14, 2012. Def.’s Reply PL’s Opp’n Def.’s Mot. Summ. J. (“Def.’s Reply”), ECF No. 45.

B. Facts3

Ahmed has been employed by U.S. Immigration and Customs Enforcement [40]*40(“ICE”) as an Immigration Enforcement Agent since September 7, 2003. PL’s Resp. SOF ¶ 4. Throughout his entire employment with ICE, Ahmed has worked in the Criminal Alien program. Id. ¶¶ 4-5. Prior to working for ICE, Ahmed was an auxiliary police officer for the Cambridge Police Department, where he performed traffic details and patrolled public buildings and elderly housing. Def.’s SOF ¶ 59. He also worked as a security officer at a hospital, as a taxicab driver, and as an assistant manager at a bank. Id.

Ahmed is a North African Arab and an Algeria-born Muslim. PL’s Resp. SOF ¶ 2.

In the summer of 2009, the U.S. Department of Homeland Security posted a deportation officer position, GS-1801-09/12, via a job vacancy announcement. Def.’s SOF ¶ 5. The vacancy included multiple grades, in particular, GS-09, GS-11, and GS-12, and multiple duty locations. Id. While working in the Criminal Alien program was not a formal prerequisite of the position, it provided beneficial experience for filling the vacant position. Id. ¶ 9.

The open period to submit applications online for the position was “Wednesday June 10, 2009 to Tuesday, July 28, 2009.” PL’s Resp. SOF ¶ 10. The announcement also noted:

If needed, the first cut-off for receipts of applications will be June 24, 2009. Additional cut-off dates maybe [sic] established throughout the open period of the announcement. Only those applications received prior to the cut-off dates will be considered. Applicants are encouraged to apply early in order to maximize their opportunity for consideration....

Def.’s SOF ¶ 10.

On July 13, 2009, the Field Office requested certificates of qualified applicants for the position, and these referral certificates were issued for each series and grade. Id. ¶ 14. Assistant Field Office Director John Lawler (“Lawler”) was the recommending official for the deportation officer position. Id. ¶ 16. On July 27, 2009, Lawler recommended three white male individuals for the position: Anthony Ciulla (“Ciulla”), Richard Lenihan (“Lenihan”), and Daniel Shepherd (“Shepherd”). Id. Agreeing with this recommendation, the supervisor, Deputy Field Director James Martin (“Martin”), forwarded the recommendation to the selecting official, Boston Field Office Director Bruce Chadbourne (“Chadbourne”). Id. ¶ 18.

Ahmed applied for the position on Tuesday, July 28, 2009, at 3:01 PM, which was the day the vacancy announcement closed. Id. ¶ 17. On August 26, 2009, the Boston Field Office made a second request for certificates of qualified applicants, and Ahmed’s name appeared on the referral certificates for the GS-09 and GS-11 grades. Id. ¶ 19. Chadbourne announced the promotion of the three selectees, Ciulla, Lenihan, and Shepherd (the “three selectees”), on September 8, September 28, and October 5, 2009, via email. Id. ¶ 20. On October 1, 2009, the Personnel Office notified Ahmed that he was not selected for the deportation officer position. PL’s Resp. ¶ 20.

[41]*41C. Federal Jurisdiction

This Court has federal-question jurisdiction pursuant to 42 U.S.C. § 1331 arising from the federal claim under 42 U.S.C. § 2000e.

II. ANALYSIS

A. Legal Standard for Summary Judgment

Summary judgment is appropriate where “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.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 56(c)). An issue of fact is “genuine” if there exists a sufficient evidentiary basis on which the trier of fact could find for the non-moving party. Anderson v. Liberty Lobby Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is “material” if it will affect the outcome of the case under the applicable law. Id.

In analyzing whether a genuine issue of material fact exists, this Court must re•view the record in the light most favorable to Ahmed, the non-moving party, and take all inferences in his favor. Id. at 255, 106 S.Ct. 2505. Ahmed cannot, however, rely on conclusory allegations, conjecture, and speculation, but must affirmatively “set forth specific facts showing that there is a genuine issue for trial.” Id. at 248, 106 S.Ct. 2505.

B. Ahmed’s Claim of Discrimination on the Basis of His National Origin, Race, and Religion

In his first and only cause of action, Ahmed claims that Napolitano discriminated against him on the basis of his Muslim religion, his race as an Arab, and his national origin as an Algerian. Am. Compl. ¶ 32. He contends that Napolitano denied him promotion opportunities for which he was qualified and in which he had expressed an interest. Id. ¶¶ 6, 8.

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Bluebook (online)
909 F. Supp. 2d 37, 2012 WL 6585217, 2012 U.S. Dist. LEXIS 178791, 116 Fair Empl. Prac. Cas. (BNA) 1513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahmed-v-napolitano-mad-2012.