DuPree v. Lahood

493 F. App'x 757
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 10, 2012
DocketNo. 10-1499
StatusPublished

This text of 493 F. App'x 757 (DuPree v. Lahood) 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
DuPree v. Lahood, 493 F. App'x 757 (7th Cir. 2012).

Opinion

ORDER

Lynette DuPree contends that she was discriminated against on the basis of her status as an African-American woman when she was denied a promotion at the Federal Aviation Administration. She brought race and sex claims under Title VII, see 42 U.S.C. § 2000e-2, against the Secretary of the Department of Transportation. The Secretary moved for summary judgment, which the district court granted. Because she has not provided evidence from which a rational trier of fact could conclude that the promotion decision was motivated by her race or sex, we affirm the judgment of the district court.

Because we are reviewing a grant of summary judgment, we present the facts and their reasonable inferences in Du-Pree’s favor. See Smith v. Bray, 681 F.3d 888, 892-93 (7th Cir.2012). Over 16 years DuPree has steadily progressed her way up the agency’s hierarchy, starting from a mail processing clerk, to her current job as a Telecommunications Specialist in the Operations Branch of the FAA. The Operations Branch controls radars, automation, fiber optics, and satellites within the National Airspace System. This Branch contains the Telecommunications and Spec-tram Engineering Section (TSE), which oversees two groups. The telecommunications group, where DuPree works, manages telecommunications equipment. The spectrum engineering group consists of engineers who ensure that there is no frequency interference at new radar or com[759]*759munications facilities. As a Specialist in the telecommunications group, DuPree procures equipment and manages a budget. She is the only African-American woman in the 90-person Operations Branch.

Soon after DuPree started her current job in 1989, Claude Nunez became her supervisor. As early as 2000 DuPree began telling him that she wanted to move to a higher pay grade. Nunez advised Du-Pree to obtain more experience on the national level, on the field level, on projects with higher visibility, and with the National Airspace System, all of which she did. DuPree worked on a national contract that gave her both local field experience and award recognition on the national level. At a staff meeting, however, Nunez failed to acknowledge DuPree’s work on the national contract even though he praised every other member of the section. Nunez later told DuPree that he did not praise her at the meeting because she had already been recognized nationally for that project.

DuPree made other efforts to secure a promotion. She worked a six-month “detail” in 2002 as a temporary TSE Supervisor. DuPree took the temporary position even though, because she was not an engineer, she could not receive the temporary pay increase that four others (white males) had received when they handled the detail. During the six-month detail, lead engineers complained to Nunez that DuPree was not properly using them or coordinating assignments. Moreover, DuPree’s relationship with her administrative assistant deteriorated badly. These conflicts, however, resolved themselves by the time the detail ended.

Shortly after DuPree’s detail as TSE Supervisor ended, the FAA decided to make the supervisory position permanent. The vacancy announcement said that the position requires both an advanced knowledge of “the technical aspects of the work directed” and “budget, human resource, and other administrative polices and procedures.” Unlike in the past, the position was not limited to engineers; anybody with a high degree of technical ability could apply.

Fewer than 20 people applied for the position. The applicants included DuPree and Jeff McCoy, who was, like DuPree, a non-engineer, but, unlike DuPree, a white male. Diana Maeillo, a personnel specialist in Human Resources, reviewed the applications and compiled a list of 13 un-ranked candidates who met the minimum qualifications. Maeillo sent the list to Nunez, who was to review the candidates and make his recommendation to Jody Oles, the Operations Branch Manager. Oles would make the hiring decision based on Nunez’s recommendation.

Nunez wrote a memo recommending McCoy, and Oles accepted the advice. (Nunez recommended at least one other candidate over DuPree.) The recommendation memo explained that McCoy had the most extensive technical experience of all the candidates. Nunez later testified that this was the most important factor because the Operation Branch’s first priority is to ensure that all telecommunications systems remain operating and to restore connectivity immediately if they fail. Nunez cited McCoy’s receipt of the FAA’s prestigious “Technician of the Year” award in 2002, his leadership and supervisory skills, and his involvement in a program that required high-level oral and written briefings on technical matters. As for Du-Pree, Nunez reported that, although she had more years with the FAA than McCoy and notable successes in her career, her application failed to describe adequately her ability to identify and solve technical problems.

[760]*760DuPree challenges the honesty of this recommendation by citing testimony at an administrative hearing before the EEOC and from two depositions. At the EEOC hearing, Nunez testified about the differences in technical skills between men and women:

Q: Here’s my question. Let me try it again. There are some people who will argue that women aren’t as good at math as men are. And then there will be lots of people to then try to explain, if you accept that assumption, this is having to do with what they’re directed towards in education and that kind of thing. In your experience, have you found that — let’s go with the issue of gender — that the kind of technical expertise needed for this position is more likely to be found in men than women?

A: Based on the demographics of our organization, I guess I would tend to agree with that.

Q: Okay. And I thank you for your candor. I really do ... I mean, you made your decision at the time. And knowing we were going to come to this hearing, have you given some consideration as to whether or not the conclusion that you have just aitieulated in any way might have gone into why you were more likely to favor somebody with Mr. McCoy’s background as opposed to my client’s background?

A: Could you repeat that again?

Q: Sure. Given what you have just said, and I think we’re dealing with the real world here, is it possible that based upon that experience, you are more likely to believe that a male like Mr. McCoy may be more likely to have the technical skill sets than a female like my client?

A: I would agree with that.

Q: Okay.

A: Again, based on our demographics.

Nunez also testified in a later deposition that he thought DuPree “shied away” from technical issues (though he could not provide an example) because her focus was on more administrative matters. Finally, Du-Pree testified that while she was performing a temporary promotion in the 1990’s, a white female accused DuPree of showing favoritism toward an African-American worker. With no investigation, DuPree says, Nunez told DuPree, “We can’t have this,” and ended her promotion that day.

In opposing the FAA’s motion for summary judgment, DuPree relied on both the direct and indirect methods of proof.

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493 F. App'x 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupree-v-lahood-ca7-2012.