Blow v. City of San Antonio

236 F.3d 293, 2001 U.S. App. LEXIS 159, 80 Empl. Prac. Dec. (CCH) 40,584, 84 Fair Empl. Prac. Cas. (BNA) 1268, 2001 WL 726
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 8, 2001
Docket99-50856
StatusPublished
Cited by113 cases

This text of 236 F.3d 293 (Blow v. City of San Antonio) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blow v. City of San Antonio, 236 F.3d 293, 2001 U.S. App. LEXIS 159, 80 Empl. Prac. Dec. (CCH) 40,584, 84 Fair Empl. Prac. Cas. (BNA) 1268, 2001 WL 726 (5th Cir. 2001).

Opinions

E. GRADY JOLLY, Circuit Judge:

Dorothy Blow, an African-American, has been employed since 1988 as a librarian for the City of San Antonio Public Library. When she applied for a supervisory position in 1997, the library hired a white male from outside the department. Believing that the library had failed to promote her because of her race, Blow filed suit against the City of San Antonio under Title VII of the 1964 Civil Rights Act. The City argued that the supervisory position had already been filled by the time the hiring committee received Blow’s application. The district court concluded that Blow had not presented sufficient evidence that would allow a jury to conclude that the City’s reason for not promoting her was a pretext for racial discrimination. The court granted the City’s motion for summary judgment and dismissed Blow’s claims. We reverse and remand.

I

The City of San Antonio Public Library hired Dorothy Blow in 1988 for the position of “Librarian I” in the Business and Science Department. Blow claims that from the beginning of her employment, she has been subjected to racially insensitive remarks and treatment. She further alleges that the library has required other African-American employees to transfer to smaller branches in neighborhoods with a high concentration of minorities.

In early 1995, Blow joined the newly created Government Documents Department and was promoted to the level of Government Documents Librarian II (“GDL-II”). During her first few months in the department, Blow received favorable performance appraisals.

In late 1995, the library created a new supervisory position, Government Documents Librarian III (“GDL-III”). Blow applied for the job and was granted an interview, but the library instead hired Owen Ellard, a Librarian II from another department. Blow confronted Craig Zapa-tos, the library supervisor, and demanded to know why she had not been promoted. Zapatos explained that Ellard was more experienced in managing a government documents collection and was proficient in using the internet to retrieve government information.

Ellard’s tenure as GDL-III lasted only ten months, from January to November 1996. Ellard was Blow’s immediate supervisor. According to Blow, Ellard treated her disrespectfully and assigned her menial tasks, such as shelving and stacking, that were usually performed by subordinate library assistants. On one occasion, Blow alleges, Ellard physically threatened her.

When Ellard resigned in November 1996, Craig Zapatos named Jana Prock interim GDL-III. Blow was unaware that Prock and Zapatos were the only members of the “hiring team” responsible for finding a permanent GDL-III. Blow claims that she periodically asked Prock whether she hoped to keep the GDL-III position permanently, and in January 1997, while asking Prock again about her intentions, Blow announced that she was interested in the job. At this point, Prock asked Blow directly whether she thought she was qualified to be a GDL-III. Blow listed her qualifications and even asked to list Prock [295]*295as a reference. In spite of these conversations about Blow’s interest in the position, Prock never told her that the library had posted a job opening announcement and was searching for a permanent GDL-III.

Blow learned of the job posting over the internet in late January 1997 and decided to formally apply about a month later. She found the job opening announcement and called the City personnel department to confirm that the position was still open and that applications were still being accepted. On March 3, 1997, she delivered her application to the City’s personnel department.

To make sense of what happened next, Blow argues, we must understand the City of San Antonio’s hiring procedures. Blow points to documents on the City’s website and to the City’s detailed “Administrative Directive 4.16” for an explanation of the city’s normal hiring process. The stated purpose of these written hiring procedures is “to insure fair and impartial ... placement of qualified applicants.” When a department has an open position, the department is required to set qualifications and publish a recruitment announcement. Significantly, each department is responsible for insuring “that each and every employee is aware” of recruitment announcements within his or her department. Applications are received and initially processed by a central personnel department. “After an appropriate number of applications have been received for the position involved, [an] eligibility list is then established.” It was customary for eligibility lists for librarian positions to be forwarded to Martha Montemayor, the senior administrative assistant in the library department, who would then forward the lists and applications to Craig Zapatos, the library personnel director, or to the hiring team for particular positions.

There are two hiring preferences relevant to this case. First, qualified city employees are given a preference when establishing eligibility lists. Apparently, this means that city employees are placed at the top of the eligibility list with the designation “C.E.” next to their names. Second, the City adopted an affirmative action plan in 1994-1995 that establishes departmental “goals” for “job groups in which there is significant minority or female underutilization.” Blow presented some evidence that black females are underrepresented in the library system, but the City failed to produce requested documents pertaining to the library department’s “action goals” for 1997.

Blow, however, was never in the running. Before Blow submitted her application for the GDL-III position on March 3, Wilson Plunkett had submitted an application on February 10, 1997. Plunkett’s application appears to have been misclassified by the City personnel department as an application for entry level Librarian I position. When Montemayor received it and noticed the error, she forwarded his application to Prock, who scheduled an interview. (The City failed to produce Plunkett’s application and is not part of the record.) Prock and Zapatos interviewed Plunkett on March 28 and recommended that he be hired. Blow asserts that shortly after Plunkett’s interview, Prock advised Blow that “now is a good time for you to submit your application.” After receiving approval from the head of the library department, the library officially extended an offer to Plunkett in April 1997.

On April 22, the city personnel department finally issued an eligibility list for the GDL-III position. There were ten names on the list, with Dorothy Blow’s at the top with the “C.E.” designation. Because Plunkett had already been selected, Blow was not considered for the position.

II

Blow filed a complaint with an in-house EEO officer, who found no discrimination in the handling of the application. Blow then filed a complaint with the EEOC on July 10, 1997, alleging that she was denied [296]*296the promotion to GDL-III in both 1996 and 1997 on account of her race. Before completing its investigation, the EEOC issued a right to sue letter, and Blow filed suit against the City of San Antonio in state court in October 1997. Blow alleged racial discrimination in violation of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et. seq., because of the City’s failure to promote her to the position of GDL-III. The City then removed the case to the United States District Court for the Western District of Texas.

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236 F.3d 293, 2001 U.S. App. LEXIS 159, 80 Empl. Prac. Dec. (CCH) 40,584, 84 Fair Empl. Prac. Cas. (BNA) 1268, 2001 WL 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blow-v-city-of-san-antonio-ca5-2001.