Favors v. Fisher

13 F.3d 1235, 1994 U.S. App. LEXIS 403, 63 Empl. Prac. Dec. (CCH) 42,765, 63 Fair Empl. Prac. Cas. (BNA) 977, 1994 WL 5155
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 12, 1994
DocketNo. 93-1880
StatusPublished
Cited by38 cases

This text of 13 F.3d 1235 (Favors v. Fisher) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Favors v. Fisher, 13 F.3d 1235, 1994 U.S. App. LEXIS 403, 63 Empl. Prac. Dec. (CCH) 42,765, 63 Fair Empl. Prac. Cas. (BNA) 977, 1994 WL 5155 (8th Cir. 1994).

Opinion

McMILLIAN, Circuit Judge.

Nora Favors appeals from a final judgment entered in the United States District Court1 for the Western District of Missouri in favor of Dennis Fischer, in his official capacity as Administrator for the General Services Administration (GSA), on her claim of race discrimination. The district court held that Favors’ employer, GSA, did not intentionally discriminate against her when it denied her a promotion from Procurement Clerk to Contract Specialist. Favors v. Fischer, Civ. No. 88-0665-CV-W-9 (W.D.Mo. Dec. 18, 1991). For reversal, Favors argues that the district court erred in concluding that she was not a victim of race discrimination. For the reasons discussed below, we affirm the judgment of the district court.

I. BACKGROUND

Favors began to work for GSA in February 1980 as a Shipment Clerk in the distribution management and operations branch of the Federal Supply Service. In 1984, she was reassigned to the position of Procurement Clerk. In April 1987, Favors applied for a position as a Contract Specialist. Following that application, she was selected as one of thirteen applicants qualified for the position. She was referred to Contract Specialist Supervisor Carl Harper for an interview, as were the other twelve qualified applicants. Two of the thirteen applicants were African-American, including Favors. Harper is a Caucasian male. Harper, as Contract Specialist Supervisor, conducted the interviews, and he asked each applicant the [1237]*1237same ten questions designed to test their knowledge of procurement regulations.

Raymond Wessling, a Caucasian male, was selected by Harper for the position of Contract Specialist. After selecting Wessling, Harper destroyed the ten questions he asked the applicants and the answers they gave. In May 1987, Favors filed an EEOC charge based upon her failure to receive the promotion. The EEOC charge included allegations of racial discrimination against Favors and other African-American employees.

In March 1988, Favors was given a grade of “successful” on her yearly performance evaluation. Between 1986 and 1988, financial awards were given to employees who received grades of “highly successful” or “outstanding” on their yearly performance evaluations. Favors’ March 1988 grade of “successful” did not entitle her to a financial award. Her 1987 grade was “highly successful,” which had entitled her to a financial award.

Favors filed suit in federal district court against Fischer, in his official capacity as Administrator for GSA, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that her failure to be promoted to Contract Specialist in 1987 was the result of race discrimination, and that Harper downgraded her 1988 performance evaluation from “highly successful” to “successful” in retaliation for filing her prior race discrimination charge. Following a two-day bench trial, the district court entered judgment in favor of GSA on Favors’ discriminatory failure to promote claim and in favor of Favors on her retaliation claim. The district court awarded Favors $261.00 in damages on her retaliation claim. Favors appeals the district court’s decision in favor of GSA on her discriminatory failure to promote claim.

II. DISCUSSION

In Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093-94, 67 L.Ed.2d 207 (1981) (Burdine), the Supreme Court established the analytical framework for a Title VII disparate treatment case. First, Favors as the plaintiff must prove by a preponderance of the evidence a prima facie ease of discrimination. In establishing a prima facie case of discrimination, Favors must produce sufficient evidence to support an inference that GSA denied her a promotion to Contract Specialist for discriminatory reasons. Craik v. Minnesota State Univ. Bd., 731 F.2d 465, 469 (8th Cir.1984). The elements necessary to establish a prima facie case vary according to the circumstances of the alleged discrimination. Jones v. Frank, 973 F.2d 673, 676 (8th Cir.1992). In the promotion context, Favors can establish a prima facie case of prohibited racial discrimination by showing (1) she belongs to a racial minority, (2) she applied and was qualified for a job for which GSA was seeking applicants, (3) despite her qualifications, she was rejected, and (4) after her rejection, GSA filled or sought to fill the position with persons of Favors’ qualifications. The district court found that Favors established a prima facie case based upon race. We agree. Favors, an African-American female, applied for and was qualified for the position of Contract Specialist; she was rejected and Wessling was selected.

Once the prima facie case is established, GSA as the employer bears the burden of articulating a legitimate, non-diseriminatory reason for its adverse employment action. Burdine, 450 U.S. at 256, 101 S.Ct. at 1095. The district court held that GSA articulated a legitimate, non-discriminatory reason for denying Favors the promotion. GSA asserted that the promotion decision was made solely on the basis of an objective, ten-question test, and that Wessling was promoted because he scored the highest on the test. ' Not promoting Favors because Wessling was more qualified is a legitimate, nondiscriminatory reason and thus GSA rebutted Favors’ prima facie case and satisfied the second step of the Burdine framework.

Once GSA articulates a legitimate, non-discriminatory reason for denying Favors the promotion, Favors has the “opportunity to demonstrate that the proffered reason was not the true reason for the employment decision,” or, in other words, to prove pretext. Burdine, 450 U.S. at 256, 101 S.Ct. at 1095. In attempting to establish pretext, Favors relies on two points. First, Favors [1238]*1238claims that GSA changed its alleged legitimate, non-discriminatory reason for denying her the promotion. See Estes v. Dick Smith Ford, Inc., 856 F.2d 1097, 1101 (8th Cir.1988) (where an employer changes its alleged nondiscriminatory reason, that alone is strong evidence of pretext). Favors contends that Harper told her that the reason Wessling received the promotion was because Wess-ling would not require any training. At trial, Harper denied ever telling this to Favors because anyone hired for the position of Contract Specialist would need to be trained. Harper acknowledged that Wessling, at the GS-7 level, would only need one year’s training, while Favors, at the GS-5 level, would have needed at least two years of training. However, Harper maintained that Wessling received the promotion solely because he scored higher on the ten-question test than any other applicant.

The district court stated that it did “not believe that Carl Harper told Nora Favors that Ray Wessling would need no training. That is clearly contrary to what everybody knew at the time, that the Contract Specialist position was known to be a training position.” Due regard must be given to the trial court in judging the credibility of witnesses. Anderson v. City of Bessemer City,

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Bluebook (online)
13 F.3d 1235, 1994 U.S. App. LEXIS 403, 63 Empl. Prac. Dec. (CCH) 42,765, 63 Fair Empl. Prac. Cas. (BNA) 977, 1994 WL 5155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/favors-v-fisher-ca8-1994.