Casselle v. Chao

270 F. Supp. 3d 314
CourtDistrict Court, District of Columbia
DecidedSeptember 15, 2017
DocketCivil Action No. 15-1570 (JEB)
StatusPublished
Cited by2 cases

This text of 270 F. Supp. 3d 314 (Casselle v. Chao) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Casselle v. Chao, 270 F. Supp. 3d 314 (D.D.C. 2017).

Opinion

MEMORANDUM OPINION

JAMES E. BOASBERG, United States District Judge

Plaintiff Perry Casselle began working at the Federal Aviation Agency in 1988, and for almost' two decades ascended steadily through the bureaucratic ranks. His upward trajectory was cut short, however, in 2014, when he was passed over for the job of National Operations Manager. Casselle, who is black, alleges in this suit that'his non-sélection for this position was both in retaliation for a complaint he made in 2010 and the result of racial discrimination. Defendant counters by asserting a nondiscriminatory rationale for its hiring decision — namely, a need to select candidates with experience in the FAA Command Center.

In a prior Opinion, the Court dismissed Plaintiffs First Amendment claim against the relevant hiring official, Anthony Tisdall. See Casselle v. Foxx, 195 F.Supp.3d 270 (D.D.C. 2016). Defendant now moves for summary judgment on the remaining Title VII retaliation and discrimination counts. As to the former, the Court agrees that Casselle has failed to establish a genuine issue of material fact; although Plaintiff engaged in protected activity and suffered an adverse employment action, he has not presented evidence of any relationship between the two. As to the latter, conversely, thfe Court concludes that Cas-selle has submitted sufficient evidence to keep aloft his claim of racial discrimination. This count is cleared to proceed to trial.

I. Background

As required at summary judgment, the facts here are set forth in the light most favorable to Plaintiff. Perry Casselle has now worked at the Federal Aviation Agency for almost three decades. See ECF No. 34 (Amended Complaint), ¶¶ 2, 32; ECF No. 38 (MSJ), Attach. 2 (Def. Statement of Material Facts), ¶¶ 2, 3, By 2010, Casselle had become a Traffic Management Officer (TMO), a position in which he was responsible .for overseeing all air traffic at the Detroit Metropolitan Wayne County Airport. See MSJ, Exh. A (Deposition, of Perry Casselle) at 17:22-18:6, Four years later, however, Casselle was passed over for a, job. as a National Operations Manager (NOM), See DSMF, ¶ 49. This case concerns the circumstances of that hiring decision.

A. 2010 Video

Plaintiff alleges that his employment troubles began when a NOM named Mike Artist presented an allegedly offensive video at the October 2010 End of Season Meeting. Id., ¶¶ 52-56. The video, which was shown to an audience of 200 FAA managers and other personnel, was a 2002 Reebok commercial entitled “Terry Tate Takes a Vacation.” Id., ¶¶ 55-56. The commercial features former pro linebacker Lester Speight, who is black, as the character “Terrible Terry Tate,” an., overly zealous office worker who is finally forced to take a resort vacation. Id. Displeased by the prospect of lounging by the pool, the commercial shows Tate, instead berating the hotel employees, and threatening staff to do their jobs. As stated in the Complaint, Tate uses “threats, violence, and verbal abuse,” kicks an employee lying on the ground, and, in one scene, “thrust[s] his pelvis and gesture[s] his hands toward his crotch ... standing over the employee.” Am. Compl., ¶¶ 54-55.

Casselle, “one of only a few African Americans” in attendance at the meeting, states- that the audience “appeared to be shocked and offended by the video.” Id., ¶¶ 57-58; Exh. 6 (Plaintiffs Response to Interrogatory 3) at 8-9. Casselle certainly was. Two weeks, after the showing of the Tate video, Casselle expressed his concerns in an email to Nancy Kalinowski, one of. the FAA’s vice presidents, on which he copied Ellen King, the Director of System Operations, and Fanny Rivera, who worked in. the FAA’s Civil Rights Office. See DSMF, ,¶57. In his message, which was sent from his. personal email address, arl.5308@aol.com, Plaintiff explained that he felt that the Terry Tate video was racist and unprofessional. Id., ¶¶ 58-59. The commercial, Casselle wrote, was “¿ clear reminder of the stereotypical big African American Athlete who cannot speak but is used only for his brute force and intimidation.” EOF No. 39 (Opposition to MSJ), Exh, 7 (Email Complaint) at 2. In particular, Casselle objected to the fact that Artist had, in what was seemingly a (failed) attempt at humor, associated the video with a recently retired NOM named Rico Short. Id. Short is also black; and Plaintiff took umbrage at Artist’s suggestion that Short’s behavior as a NOM resembled that of Terrible Terry Tate on his vacation rampage. Id. In contrast to Tate, Plaintiff wrote that Short was “professionally articulate in every meeting” and that “[n]ot once do I recall him ever bullying, cussing, or intimidating in order to make his point.” Id. Casselle also expressed his concern that the upper management at the FAA lacked racial diversity, concluding, “[Sjhame on us if we allow the good old-boy network to remain alive [and] well.” Id. at 3. Casselle signed the email “Concerned FAA’ Manager” and intended for the complaint to be anonymous. Id.

Four hours after Casselle sent his email, Kalinowski replied. See Email Compl. at 1. Addressing her response to “FAA Managér,” Kalinowski began her email by thanking the author' for the “very thoughtful note.” Id. She acknowledged that the video was “offensive,” apologized for its showing, and offered her assurances that “we will take [the complaint] very seriously.” Id. In response to Casselle’s remarks regarding the diversity of the FAA Command Center, Kalinowski stated that it was “an area that we are actively addressing” and wrote that the Center was “looking for diverse candidates with various backgrounds to fill vacancies” and would “continue our outreach to be even more representative.” Id. In addition to sending her response to Casselle, Kalinowski coped Ellen King, Fanny Rivera, Maria Fernandez-Grec-zmiel, the chair of the Accountability Board, and Pilar Madera, the Director of Administration. Id.; MSJ, Exh. S (Deposition of Nancy Kalinowski) at 20:8-19. At the time, Casselle was “satisfied with the response” to his email complaint. See MSJ, Exh. B (Deposition of Perry Casselle) at 126:6-16.

B. Failure to Obtain 2014 NOM Promotion

Four years after .the Terrible Terry Tate incident, Casselle applied to become a NOM. See DSMF, ¶ 8; Casselle Depo. at 174:17-175:8. NOMs are responsible for “air traffic operations ... throughout [the FAA] system across the entire country.” MSJ, Exh. Z (Deposition of Johnnie Garza) at 25:12-15. Although NOMs receive the same base salary as TMOs, Cas-selle’s position at the time, the NOM position is higher profile and more desirable. See Casselle Depo. at 5, There are only four to six NOMs in the entire FAA, and, according to Casselle, NOMs often go on to have additional opportunities, both within the government and the private sector. See MSJ, Exh. D (Deposition of Anthony Tisdall) at 22:5-6, 23:21-24:12. As a result, when two open NOM positions were posted in April 2014, Casselle was eager to apply.

The FAA received 46 applications for the NOM posting, which were each evaluated by the FAA’s Human Resources department. See DSMF, ¶ 12. The candidates were given numerical scores based on their responses to Knowledge, Skills, and Abilities (KSA) questions, relevant experience, and supervisor, recommendations. Id, ¶¶ 14-16. From these, assessments, eleven applicants were eventually selected to be interviewed by a panel. See Tisdall Depo. at 75:18-20.

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270 F. Supp. 3d 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casselle-v-chao-dcd-2017.