Geoving Joseph Gerard v. Board of Regents

324 F. App'x 818
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 24, 2009
Docket08-15400
StatusUnpublished
Cited by13 cases

This text of 324 F. App'x 818 (Geoving Joseph Gerard v. Board of Regents) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geoving Joseph Gerard v. Board of Regents, 324 F. App'x 818 (11th Cir. 2009).

Opinion

PER CURIAM:

Geoving Joseph Gerard (“Gerard”), a naturalized African-American male from Haiti, appeals, through counsel, the district court’s grant of summary judgment in favor of his former employer, the Board of Regents of the State of Georgia and Georgia Institute of Technology, 1 on his claims *820 of racial discrimination and retaliation brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a), 3(a). In his amended complaint, Gerard alleged, inter alia, that: (1) he was denied a promised position because Georgia Tech retaliated against him for failing to withdraw a December 2005 letter charging officials with age, race, national origin, and color discrimination; and (2) Georgia Tech failed to hire him for a position on the basis of his age, race, and color, or protected activities. 2

Gerard makes two arguments on appeal. First, he contends that evidence showed that he engaged in protected activity, that a causal connection existed between such activity and an alleged withdrawal of promised work, and that the latter act was retaliatory. Second, he argues that a genuine issue of material fact exists as to whether the refusal to hire him was discriminatory or retaliatory. After careful consideration of the record evidence and the parties’ briefs, we conclude that the district court did not err in granting summary judgment in favor of Georgia Tech. Accordingly, we AFFIRM.

I. BACKGROUND

Gerard began working for Georgia Tech in 1982 while still a student. 3 R4-64 at 39, 42. He was subsequently hired as a full-time Chemical Technician in October of 1985. Id. at 45. Gerard remained in that position until 2002 when his position was reclassified to that of Program Coordinator I, at which time Herbert Michael Harris (“Harris”) became his supervisor. Id. at 70, 74-75; R3-61, Exh. D at 2-3. According to Harris, Gerard’s duties as a Program Coordinator involved managing a database, placing orders, paying vendors, maintaining inventory, and preparing monthly reports, all related to the GTRI compressed gas/liquid gas program. R3-61, Exh. D at 3. After an internal reorganization, the handling of chemical canisters became automated. As a result, Gerard’s services were no longer required and funding became insufficient to support his position. Id. at 4.

On 5 December 2005, Harris sent Gerard a letter informing him that because of the lack of funding, his employment would be reduced by fifty percent on 1 January 2006, with a termination date of 1 February 2006. Id.; R4-64 at 125-26. Gerard’s termination date was extended to 6 March 2006 after additional funds were made available. R3-61, Exh. D at 5. Harris notified Gerard of the extension in a letter dated 20 February 2006. Id.

After being notified of his impending termination, Gerard responded in the following manner. First, on 16 December 2005, he filed a complaint with the Georgia Commission on Equal Opportunity (“GCEO”), alleging failure to hire and failure to promote. Exh. Folder 1, Exh. 7 at 1-4. Then on 3 January 2006, he filed another complaint with the GCEO, alleging improper discharge and failure to hire. Exh. Folder 1, Exh. 12 at 1-3. Both of Gerard’s GCEO complaints ultimately were dismissed for lack of timeliness. Exh. Folder 1, Exh. 7 at 8-9.

*821 In addition to his GCEO complaints, Gerard appealed his termination to Elizabeth Neely (“Neely”) of the Office of Legal Affairs of the Board of Regents (“Office of Legal Affairs”) and sent a letter to Stephen Cross, the director of GTRI. Exh. Folder 1, Exhs. 23 & 24. In his letter to Cross (“December 2005 letter”), Gerard sought to inform him about what was happening within GTRI, explain his experiences, and request an investigation into what led to his termination notice. Exh. Folder 1, Exh. 24. Gerard described the organization as a “family circus” in which hiring was based on nepotism, and wrote:

You have your work cut out. You have to work your way past a long established and very powerful triumvirate of women who, either at will or by manipulations, makes the rainfalls and the sunshine in your organization. One cannot beg to differ with them. It is their way or no way. It is with sadden heart that I must say; after being out of Haiti for 35 years and away from the brutal regime of Papa Doc, his Tonton Macoute and the Boogie Man; that I feel living the era all over again.

Id. at 3. After detailing his personal experiences and work history at Georgia Tech, Gerard proceeded to describe how he was not permitted to take classes at Georgia Tech, given deserved promotions, or provided with adequate pay raises. Id. at 5-13. Included within his December 2005 letter was the memorandum that he sent to Neely of the Office of Legal Affairs, in which he stated that he was wronged by not being selected to oversee a new chemical management system and that his “termination [was] a by-product of political corroborations among administrators and directors in GTRI to block and deny me openly advertised and available positions.” Id. at 9-13. He closed the memorandum to Neely by writing:

In finality, I am hereby claiming reparation for suppressed reclassifications, fair salary denial and am asking for current salary commensurable with the new GTRI Chematix Administrator position for which I worked hard and therefore I rightfully deserve.
Unless, of course, that is too much for a Negro with a colonial French accent from a third world country to be reclassified and ascended to the rank of GTRI administrator.

Id. at 13. Gerard concluded his December 2005 letter, in part, by stating that he “believed [sic] to have been discriminated against for being too rhetorical and philosophical at times.” Id. at 14. In his deposition, Gerard claimed that he requested that the December 2005 letter be included in his personnel file but conceded that he did not know if the personnel department complied with his request. R4-64 at 301-02.

In the interim, Harris, Gerard’s supervisor, attempted to secure Gerard a position in another department at Georgia Tech. First, he contacted Steve Woodall (“Woo-dall”) and inquired about a position for Gerard with the Research Security Department. R3-61, Exh. D at 6. Although Woodall initially agreed to provide coverage for Gerard, he was forced to withdraw the offer after he learned that his department no longer had the requisite funding. Id.

Harris also contacted Ann Batchelor (“Batchelor”), the Deputy Director of the Military Sensing Information Analysis Center (“SENSIAC”) about a possible long-term assignment for Gerard in her department. Id. at 7; R3-61, Exh. A at 1-3. After being contacted by Gerard and

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324 F. App'x 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geoving-joseph-gerard-v-board-of-regents-ca11-2009.