Dana R. Walker v. Dan Glickman, in His Official Capacity as Secretary, United States Department of Agriculture

241 F.3d 884, 2001 U.S. App. LEXIS 2838, 80 Empl. Prac. Dec. (CCH) 40,535, 85 Fair Empl. Prac. Cas. (BNA) 186, 2001 WL 194510
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 27, 2001
Docket00-1978
StatusPublished
Cited by50 cases

This text of 241 F.3d 884 (Dana R. Walker v. Dan Glickman, in His Official Capacity as Secretary, United States Department of Agriculture) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dana R. Walker v. Dan Glickman, in His Official Capacity as Secretary, United States Department of Agriculture, 241 F.3d 884, 2001 U.S. App. LEXIS 2838, 80 Empl. Prac. Dec. (CCH) 40,535, 85 Fair Empl. Prac. Cas. (BNA) 186, 2001 WL 194510 (7th Cir. 2001).

Opinion

WILLIAMS, Circuit Judge.

Dana R. Walker was denied four positions with the National Resources Conservation Service (“NRCS”) of the United States Department of Agriculture. He filed suit alleging that his non-selection was the result of retaliation for filing an employment discrimination charge with the Equal Employment Opportunity Commission (“EEOC”). The district court granted summary judgment in favor of NRCS, and we affirm;

I

Walker was employed with NRCS from 1978 to 1990, when he resigned from his position as a district conservationist and filed a charge of sex discrimination with the EEOC. 1 The parties eventually settled the dispute with Walker agreeing to not seek re-employment with NRCS until January 1,1997.

On May 22,1997, Walker mailed a handwritten letter to William Gradle, the Illinois state conservationist, in which Walker stated that he was seeking employment for two job openings in Carthage, Illinois. He informed Gradle of his prior resignation and sex discrimination complaint. He explained that “3 lk years later [he] accepted a settlement which require[d him] to avoid discussion of the agreement.” Gradle sent copies of the letter to all assistant state conservationists, including Robert Dean, the person responsible for the hiring decisions relevant to this lawsuit. Although the exact date that Dean received the letter is unknown, for the purposes of summary judgment, we will assume that he received it before he filled any of the vacant positions.

Dean testified in his deposition that he was looking for a candidate who would be *887 a team leader or cheerleader. He also testified that after he reviewed Walker’s letter, he felt a need to investigate Walker’s prior work history at NRCS. Dean had never before investigated the work histories of former NRCS employees who sought reemployment with the agency. However, he stated that because he had never received a letter like Walker’s before, he wanted to find out why Walker resigned and then wanted to return. It is unclear whether Dean actually investigated Walker’s ' employment history with NRCS because Melissa Dunford-Lujan, the Human Resources representative, denied having a conversation with Dean about the details of Walker’s personnel file.

1. Position #1: District Conservationist in Carthage

The first position that Walker applied for was a district conservationist in Carthage, Illinois. NRCS advertised this vacancy on May 13,1997. In order to fill the vacancy, Dean obtained a list of eligible candidates from Human Resources. Human Resources selected qualified candidates from individuals who applied through the Merit Promotion System (“MPS”), which contained names of current and former NRCS employees. There were three eligible candidates on the list: Walker, Lori Bollin and Stuart Lomax. Dean composed a matrix and ranked each of the candidates on various factors, including experience, knowledge of NRCS practice and programs, computer skills, past performance reviews, and written expression. Bollin received the highest mark on the matrix and was offered the position.

2. Position #2: Soil Conservationist in Carthage

The second position that Walker applied for was a soil conservationist, an entry-level position, in Carthage. NRCS advertised this vacancy on May 19, 1997. Dean requested a list from Human Resources and from the Special Examining Unit, which has since been replaced by the United States Office of Personnel Management (“OPM”). Walker and Lomax were the only two candidates on the list that Dean received from Human Resources. Dean testified that he rejected the panel because he was required to do so when it contained fewer than three names. At his deposition, Dean adamantly denied ever hiring from a panel of fewer than three candidates. In fact, however, NRCS’s rules did not require Dean to reject the panel (they only allowed him to do so), and in the past, Dean had hired a candidate from a list with fewer than three names.

In any event, Dean testified that because he wanted a broader panel from which to select, and had never received the first list from the Special Examining Unit, he re-advertised the position through the OPM. Unlike the list from the MPS, the OPM list is comprised of non-NRCS employees and current and former NRCS employees. According to NRCS, it always advertised entry level positions through the OPM. Dean told Human Resources to inform Walker and Lomax how to apply through the OPM, and it is undisputed that Human Resources did so. Nevertheless, when the soil conservationist opening was re-advertised through the OPM in September, 1997, Walker did not apply. Consequently, Walker was not on the list of candidates that Dean used to fill the vacancy.

3.Position #3: District Conservationist in Stronghurst

On August 22, 1997, NRCS announced a vacancy for a district conservationist in Stronghurst, Illinois. Around this time, the acting district conservationist in Stron-ghurst, who did not know Walker, asked Dean to hire a soil conservation technician instead of a district conservationist. Dean told her that he needed approval from the local county boards before he would do so.

In the meantime, Dean obtained a list of qualified individuals from Human Re *888 sources. This time, Walker was the only candidate on the list. Dean again erroneously testified that he rejected the panel because he thought he was required to do so when there were fewer than three candidates on the list. After rejecting the panel, Dean contacted the acting district conservationist to see if she had obtained approval from the boards to reclassify the position. After obtaining the boards' approvals, Dean reclassified the position to a soil conservation technician and advertised it through the OP1V[. Walker did not apply through the OPM, so he was not on the list that Dean used to fill the vacancy.

4. Position #4: Second Soil Conservationist in Carthage

The fourth position at issue, a second soil conservationist in Carthage, was advertised in November, 1997. Dean did not request a panel from Human Resources, and Walker was not on the list that Dean requested from the OPM because Walker did not apply for this position through the OPM. Walker, nevertheless, argues that Dean should have informed him of the vacancy because Dean should have known that Walker was interested.

II

On appeal, Walker challenges three findings of the district court: 1) that he did not present direct evidence of retaliation; 2) that he could not establish a prima facie case of retaliation because there was no causal link between the protected expression and the failure to be hired; and 3) that even if he could make out a prima facie case, he could not establish that NRCS's reasons for not hiring him were a pretext for retaliation. We review a grant of summary judgment de novo, drawing all inferences in the light most favorable to the non-moving party. Essex v. United Parcel Serv., Inc., 111 F.3d 1304, 1308 (7th Cir.1997).

A

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241 F.3d 884, 2001 U.S. App. LEXIS 2838, 80 Empl. Prac. Dec. (CCH) 40,535, 85 Fair Empl. Prac. Cas. (BNA) 186, 2001 WL 194510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dana-r-walker-v-dan-glickman-in-his-official-capacity-as-secretary-ca7-2001.