Burke-Johnson v. Department of Veterans Affairs

211 F. App'x 442
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 20, 2006
Docket06-1251
StatusUnpublished
Cited by4 cases

This text of 211 F. App'x 442 (Burke-Johnson v. Department of Veterans Affairs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burke-Johnson v. Department of Veterans Affairs, 211 F. App'x 442 (6th Cir. 2006).

Opinion

OPINION

R. GUY COLE, JR., Circuit Judge.

Plaintiff-Appellant Sharon Burke-Johnson brought a Title VII action against her employer, the Secretary of the Department of Veterans Affairs (the “Secretary”), alleging that she was denied a promotion at the Department’s Ann Arbor, Michigan Medical Center (“Ann Arbor VA”) due to her race. The district court granted summary judgment for the Secretary, ruling that Burke-Johnson failed to adduce sufficient evidence from which a reasonable factfinder could conclude that the Secretary’s proffered reasons for denying Burke-Johnson a promotion were pretextual. For the reasons that follow, we AFFIRM the judgment of the district court.

I. BACKGROUND

Sharon Burke-Johnson is an African-American woman who has worked at the Ann Arbor VA since 1981. Burke-Johnson started out as a GS-4-level ward clerk but, by 1992, she had climbed to a GS-6level position as a supervisory medical clerk. In 1996, Burke-Johnson applied for and received one of four positions as an Administrative Information Coordinator (“AIC”), a GS-7-grade position. The other persons selected to be AICs included two Caucasian women, Martha Morgan and Nancy Werkema, and one Hispanic woman, Luisa Cardona. When Morgan *443 left the Ann Arbor VA to assume a position in a different department of the VA, she was replaced by a Caucasian woman named Susan Varcie, a.k.a. Susan Fleece.

As originally conceived, the AICs worked for the clinical coordinators (essentially head nurses) in the individual units of the Ann Arbor VA, and their jobs were to support the unit and its clinical coordinator. Between 1996 and 1998, Burke-Johnson worked as an AIC in the psychiatry continuum and the cardiology continuum. In 1999, she was reassigned to'work for Pamela McCoy, a clinical coordinator responsible for managing various clinical specialists and the Ann Arbor VA’s quality-assurance program. Burke-Johnson’s second-line supervisor throughout her tenure as an AIC was Jo Tirone, a Caucasian woman who was the Ann Arbor facility’s chief nurse.

Burke-Johnson worked as an AIC under McCoy for approximately three years. During this time, her principal responsibilities included gathering patient-care and other types of data and organizing it into reports. McCoy gave Burke-Johnson positive performance evaluations and characterized her as an “excellent employee[].” At her deposition, McCoy further testified that Burke-Johnson’s strengths as an employee included her ability to effectively report the data she gathered in a spreadsheet format of her own design, as well as her prior experience and knowledge of the VA system.

The VA underwent a reorganization beginning in 1998 that resulted in the dissolution of certain departments and positions within the Ann Arbor facility. As part of this process, Tirone slate.d the AIC positions for elimination. Over time, Tirone reassigned Burke-Johnson’s AIC colleagues to new duties within the Ann Arbor VA. For instance, Tirone reassigned Werkema to a position as Tirone’s own secretary, and when Werkema left the VA, Tirone assigned Cardona to that post. Varcie was reassigned to a public-affairs position within the VA. Thus, by-2001, Burke-Johnson was the only remaining AIC.

In February 2001, Burke-Johnson applied for a promotion to the position of Staff Assistant, a GS-9-grade appointment. Cardona and one other person also applied. A panel consisting of Tirone, a woman named Jannette Ventura (the first-line supervisor to the Staff Assistant), and a third unidentified person, reviewed the applications and made the promotion decision. The Staff Assistant’s duties primarily involved inputting staffing data (such as staffing needs and effectiveness and information regarding promotions, awards, overtime, and sick leave) into computer models to generate reports. Thus, the position required proficiency in software applications, such as Excel, Outlook, and internal VA programs. Tirone testified that although computer skills were an important requirement for the job, she regarded knowledge of the VA’s overall patient-care service, organizational skills, decision-making skills, and interpersonal skills as being “higher on the list” of important qualifications.

After an informal review process, Tirone and her colleagues chose Cardona to fill the Staff Assistant job. At the time of her selection, Cardona had been working as Tirone’s secretary for more than a year. Partly owing to her observations of Cardona as her secretary, Tirone testified that Cardona’s decision-making skills, organizational skills, knowledge of the VA’s overall service, and interpersonal skills were superior to Burke-Johnson’s. In addition, Tirone concluded that Cardona possessed all of the necessary computer skills to perform the job. Tirone testified that she did “[n]ot really” observe Burke-Johnson’s performance as an AIC (when Tirone was *444 Burke-Johnson’s second-line supervisor), that she rarely interacted with Burke-Johnson, and that her knowledge of Burke-Johnson’s job qualifications consisted of a “baseline understanding.” However, Tirone viewed Burke-Johnson’s interpersonal skills as “problematic,” testifying that “Sharon is often defensive, she’s aloof among her peers, these are observations that I’ve made and my attempt to communicate with her in just simple ways, saying hello, she’s abrupt. She’s abrupt, not just with me but others, that was taken into consideration when I selected Luisa [Car-dona] over Sharon for the position.” JA 326. In contrast, Tirone felt that Cardona’s “interpersonal skills go beyond just a small group of people and to the entire service and people outside of patient care,” that Cardona had developed “a cadre of relationships that made her knowledgeable beyond clinical issues or unit-specific patient-care issues,” and that Cardona’s “realm of interactions with other people in the medical center” was broader than Burke-Johnson’s. Id. 326-27, 328.

McCoy testified that she was not surprised by Burke-Johnson’s lack of success in obtaining a promotion because as she “look[ed] back on that time period [she] did not, to my knowledge, see African-Americans being promoted.” 1 Asked about whether she felt that racial discrimination could have played a role in Burke-Johnson’s inability to get promoted, McCoy responded, “[y]es, I did.” McCoy further testified as follows:

Q: In your own words right now today looking back, your memory, your honest memory, is Jo Tirone someone who engaged in racial discrimination?
A: At that time, yes.
Q: When you would discuss Sharon Burke-Johnson with Jo Tirone, did Jo Tirone ever make statements that you felt were demeaning or hostile or depriving Ms. Burke-Johnson of her dignity outside of her presence?
A: Yes.
Q: Could you describe them, please?
A: I can’t remember specifics but from what you’ve just stated, that was the general outcome of some of the conversations.
Q: It was the tenor, the feeling you received of her attitude towards Ms. Burke-Johnson?
A: Yes.

JA 505-506.

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Cite This Page — Counsel Stack

Bluebook (online)
211 F. App'x 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-johnson-v-department-of-veterans-affairs-ca6-2006.