Equal Employment Opportunity Commission v. Memphis, Light, Gas & Water Division

117 F. Supp. 3d 1018, 2015 U.S. Dist. LEXIS 100810, 127 Fair Empl. Prac. Cas. (BNA) 1442
CourtDistrict Court, W.D. Tennessee
DecidedJuly 31, 2015
DocketNo. 14-cv-2143-TMP
StatusPublished

This text of 117 F. Supp. 3d 1018 (Equal Employment Opportunity Commission v. Memphis, Light, Gas & Water Division) is published on Counsel Stack Legal Research, covering District Court, W.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Equal Employment Opportunity Commission v. Memphis, Light, Gas & Water Division, 117 F. Supp. 3d 1018, 2015 U.S. Dist. LEXIS 100810, 127 Fair Empl. Prac. Cas. (BNA) 1442 (W.D. Tenn. 2015).

Opinion

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

TU M. PHAM, United States Magistrate Judge.

Before the court is defendant Memphis, Light, Gas & Water Division’s (“MLGW”) Motion for Summary Judgment, filed on April 6, 2015. (ECF No. 29.) Plaintiff Equal Employment Opportunity Commission (“EEOC”) filed a response in opposition on May 6, 2015. (ECF No. 33.) MLGW filed a reply on May 21; 2015. (ECF No. 34.) For the reasons below, MLGW’s Motion for Summary Judgment is DENIED.1

I. BACKGROUND

The EEOC brings this complaint alleging that MLGW violated the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., by not selecting one of its own employees, Carlos Phifer, for the position of Computer Operator Specialist 1 (“COS 1”) because of his age (57 years old at the time).2 In 2004, MLGW hired Phifer in the position of part-time Records Retention Clerk. (Def.’s Statement of Material Facts (“SMF”) ¶ 1; PL’s Resp. to Def.’s SMF ¶ 1.) Phifer worked on rotation as a COS 1 from March 2007 through December 2007. From January 2008 through April 2009, Phifer served as the acting Chief of Data Processing and Records Retention. Thereafter, he worked as a Clerical Support III and Service Advisor. He is currently employed by MLGW as a Service Advisor and has held that position since July 2011.3 (Def.’s SMF ¶ 2; Pl.’s Resp. to Def.’s SMF II2; Def.’s Resp. to PL’s Statement of Additional Facts (“SAF”) ¶ 2.) In his current position, Phifer works approximately’ten hours a week of overtime.- (Def.’s ■ SMF ¶ 54; PL’s Resp. to Def.’s SMF ¶ 54.)

On May 17, 2011, MLGW posted notice that it was looking to hire a full-time COS 1 to work in the Data" Processing and Records Retention area.4 (PL’s Resp. to Def.’s SMF ¶ 4; Price Dep. 88, 94; Ex. 7 to Price Dep., Job Posting.) The COS 1 position is a non-bargaining unit position within MLGW. (Id.) According to the. job posting and job description, the purpose and duties of the COS 1 position consist of the following:

Monitor, operate, control and set controls on various application schedules, multi-programmed and multi-processing computer ' and peripheral equipment; process/load input and output data; control/secure magnetic tapes; resolve technical/operational problems for internal and external customers; prepare/main[1022]*1022tain data files and various records and reports; and maintain materials and supplies.

(PL’s Resp. to Def.’s SMF ¶ 6; Price Dep. 84-85, 94-96, Ex. 8 to Price Dep., COS 1 Job Description.) The work environment for the COS 1 position is described as “works majority of the time in the computer room; occasionally required to, work on loading dock and-driving in traffic.” (Id.) The COS 1 job had traditionally included two separate.duties: working on the service desk and performing hands on operations on the main frame computer, known as “operations.” (Defi’s SMF ¶6; Price Dep. 51-52; Ex. 8 'to Price Dep.) The operations side, duties include monitoring, operating, and setting controls on various computer applications, monitoring and submitting jobs,, checking for and fixing add-bins (when an error in the computer system causes it to kick it out), referring jobs to computer programmers when necessary, and reviewing reports. ' (Pl.’s Resp. to Def.’s SMF ¶ 6; Price Dep.' 51-52; Ex. 8 to Price Dep., Job Description.) The service desk side duties consist of resolving technical/operational problems for internal and external customers, such as resending passwords to users or pushing software'to a user’s personal computer. (Id.) According to Vickie Price, MLGW’s Supervisor of Data Processing and Records Retention, a COS 1 must have the Ability to work on both the operation- side and the service desk side. (Id.)

MLGW posted the COS 1 vacancy both internally and externally. (Def.’s SMF 17; PL’s Resp. to Def/s SMF ¶7). MLGW managers must get approval from MLGW’s President, Jerry Collins, to post a position externally. (PL’s Resp. to Def/s SMF ¶7; PL’s Resp. to Def.’s SAF ¶7.) Elvis Morgan, MLGW’s Manager of Information Technology, submitted an email to Collins requesting to post the COS-1 position externally. . (Id.) In this email, Morgan stated that “[i]n the past it has been a challenge finding qualified internal, candidates with the technical computer operations and customer service skills required on the Computer Operations/Service Desk team.” (Id.) Morgan also noted that “[t]he immediate need is to have a resource on the I.T. Service Desk, serving as first level support on technology problems. This resource will also work, as needed, on any of the 3 shifts in computer operations.” (Id.)

MLGW’s Employee Handbook contains a policy regarding promotions and transfers. The policy states as follows:

Promotions and Transfers (Bid System) 5
Upon completion of the initial probationary period, full-time employees are eligible to bid on posted job- vacancies. Part-time and temporary employees of MLGW may also bid on clerical positions, but will be considered only when there are no qualified bidders who are full-time employees. Part-time and temporary employees wishing to apply for permanent positions other than clerical positions must follow the same procedures as external applicants.

(PL’s Resp. to Def.’s SMF -¶27; Leonard Dep. 84-85;, Ex. 5 to Leonard Dep., Employee Handbook.) According to Eric Conway, MLGW’s Human Resources Generalist, under this policy a qualified full-time employee should be awarded-a position over a part-time, temporary, or external applicant. (Id.; Conway Dep. 42-46.)

Phifer submitted a timely application for thé COS 1 position. Conway reviewed the applications in light of the requirements [1023]*1023and duties listed on the job description, as well as specific information outlined in an April 28, 2010 email from Price, which stated that the necessary qualifications included “familiar with the Main Frame System, TSO, CA7 interface system for job production, forecasting the holiday schedule, and be familiar with the output and input Queue.” (Pl.’s Resp. to Def.’s. SMF ¶ 9; Conway Dep. at 68; Ex. 10 to Conway Dep.) After reviewing the applications, MLGW selected three individuals for interviews: Phifer, Betty Ann Joiner (37 years old at the time), and Rita McClain.6 (Defi’s SMF ¶ 10; Pis’ Resp. to Def.’s SMF ¶ 10.) Joiner, who had worked on MLGWs service desk from January 2010 through August 5, 2011, was not an employee of MLGW. She was employed by Stragistic Technology, which placed her at MLGW, and therefore she was considered an external candidate. (Def.’s SMF ¶¶ 43, 44; PL’s Resp. to Def.’s SMF ¶¶43, 44.)'

The panel of interviewers consisted of Price, Conway, and MLGW’s Chief Computer Operator, Dianne Moore. (Def.’s SMF ¶ 11; PL’s Resp. to Def.’s SMF ¶ 11.) The panel conducted interviews for the COS 1 position on August 1 and 2, 2011. Each candidate was asked the same set of questions, which covered various topics, such as education, experience, training, and qualifications. (Def.’s SMF ¶ 12; PL’s Resp. to Def.’s SMF ¶ 12.) The response to each question was scored on a scale of 0 to 3. (Def.’s SMF ¶ 14; PL’s Resp.

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117 F. Supp. 3d 1018, 2015 U.S. Dist. LEXIS 100810, 127 Fair Empl. Prac. Cas. (BNA) 1442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-memphis-light-gas-water-tnwd-2015.