Gordon Vessels v. Atlanta Independent School

408 F.3d 763, 2005 U.S. App. LEXIS 8068, 87 Empl. Prac. Dec. (CCH) 42,157, 95 Fair Empl. Prac. Cas. (BNA) 1245, 2005 WL 1076558
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 9, 2005
Docket04-13729
StatusPublished
Cited by406 cases

This text of 408 F.3d 763 (Gordon Vessels v. Atlanta Independent School) 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
Gordon Vessels v. Atlanta Independent School, 408 F.3d 763, 2005 U.S. App. LEXIS 8068, 87 Empl. Prac. Dec. (CCH) 42,157, 95 Fair Empl. Prac. Cas. (BNA) 1245, 2005 WL 1076558 (11th Cir. 2005).

Opinion

PER CURIAM:

Gordon Vessels (“Vessels”) appeals the district court’s grant of summary judgment to his employer, the Atlanta Independent School System (“AISS”), on his claims that AISS failed to promote him on the basis of his race, in violation of 42 U.S.C. § 1981, 42 Ü.S.C. § 1988 and 42 U.S.C. § 2000e (2005) (“Title VII”). Vessels asserts separate claims based on two independent employment actions: (i) AISS’s decision not to promote him on an interim basis to the Coordinator of Psychological Services position; and (ii) AISS’s decision not to promote him to that same position on a permanent basis. While the district court conceded that he had made out his prima facie case as to both claims, it found that AISS proffered race-neutral justifications for its employment actions, which Vessels failed to show were pretex-tual.

On appeal, Vessels argues that genuine issues of material fact remain as to whether AISS'has even discharged its burden to assert a race-neutral justification, as well as whether any legitimate grounds AISS has asserted to support its decision were in fact a pretext for racial preference. Although we agree that AISS was entitled to summary judgment on Vessels’ claims relating to the permanent position, material issues of disputed fact remain as to whether AISS’s articulated reasons' for failing to promote Vessels to the interim position were pretextual. Accordingly, we affirm the grant of summary judgment as to Vessels’ permanent position claim, and remand for further proceedings solely on Vessels’ claim relating to the interim position.'

BACKGROUND

In June of 1999, Dr. Arietta Brinson (“Brinson”) announced that she was leaving her position as the Coordinator of Psychological Services for AISS. When Brin-son was asked to recommend someone to fill the. position on an interim basis, she chose Jill Fields (“Fields”), an AISS school psychologist who was black. Brin-son asserts several reasons why she chose to recommend Fields: (i) Fields had occasionally filled in for Brinson’s predecessor, and thus had a working knowledge of operational procedures that could help provide continuity during the search, for a permanent replacement; (ii) Fields had experience as part of the Office of Youth Services’ Leadership Team; and (iii) Fields had assisted with Brinson’s processing of referrals and communication with other departments, and had represented her at various meetings. While .Brinson considered Vessels for the interim position, she claims she found that: (i) his *766 experience with the AISS system and chains of command was inferior to Fields’ experience; (ii) Vessels lacked experience relative to Fields’ in interfacing with the human resources department; and (iii) Vessels’ leadership style tended to be too unilateral and potentially disrespectful of the schools the department served. Brin-son also asserts that she took into account past incidents in which Vessels conducted an unauthorized survey of staff members’ reports. Brinson conceded .that Vessels had more education, theoretical knowledge, and state certifications than Fields. While AISS regulations would require someone with Vessels’ level of qualification for the position on a permanent basis, those regulations only deemed it “desirable” that an interim appointee met those criteria. Those regulations also limited interim appointments to - 60 days, absent action by the school board. Brinson ultimately considered Fields to -be the best recommendation.

Brinson’s supervisor, also hoping for a seamless transition, approved Brinson’s recommendation of Fields for the interim position and forwarded the recommendation to the deputy superintendent, Gloria Patterson (“Patterson”). Patterson approved the recommendation, placing- Fields in the Coordinator of Psychological Services position on an interim basis until such time as the position could be filled permanently. Patterson’s actions contravened AISS regulations allowing interim appointments for a maximum of only 60 days, unless the school board took action. While Patterson cannot recall the exact circumstances surrounding her approval of Fields, she attests that she generally does not blindly accept recommendations, but rather asks about the recommended candidate to ensure the best person has been put forward.

After Fields began serving in the coordinator position on an interim basis, AISS posted the vacancy announcement for a permanent position three times: in October of 1999, August of 2000, and September of 2001. The announcement was re-posted because both the first and second announcements yielded a small applicant pool, and AISS regulations required that three applicants be interviewed. Ultimately, AISS human resources administrators identified three applicants who would be interviewed by a panel of AISS personnel: Vessels; Fields; and Dr. Gwendolyn Jones (“Jones”), who like Fields, was also a black woman.

Dr. Lucinda Sullivan (“Sullivan”), Executive Director of the Office of Student Programs and Services, oversaw the interview process. Sullivan assembled a panel of six interviewers, and provided them with a job description, the candidates’ resumes, and interview questions she had developed. 1 She did not provide them with model answers or instructions on how to rate the candidates. Instead they were to draw on their experience and understanding of the job description. The panel consisted of one white man, one white woman, and four black women. Sullivan asserts that the panel’s racial and gender diversity was representative of a cross-section of the AISS departments that work with the psychological services department. One of the panelists was chosen by lottery to ensure that no preference was given to any candidate.

The panel’s aggregate scores placed Jones at 124, Vessels at 106, and Fields at 86. The panelists’ written evaluations, which they prepared without consulting one another, reflected a shared concern *767 that Vessels was overly negative and too focused on AISS’s problems. Sullivan accepted. the panel’s recommendation of Jones, and passed it along to the deputy superintendent, who in turn approved Jones and recommended her to the superintendent and school board. Jones replaced Fields on a permanent basis in January 2002. Vessels voluntarily resigned effective January 1, 2003.

The district court, adopting.the magistrate’s report and recommendation, found that while Vessels made out a prima facie case of race discrimination, AISS had proffered legitimate non-discriminatory reasons for its employment decisions. The district court rejected Vessels’ contention that because several of the individuals in the decision-making chain had no independent recollection of the specific reasons for their decision when they were deposed, AISS had not successfully asserted race-neutral reasons for its actions. Furthermore, the district court found that Vessels had not shown AISS’s reasons to be pre-textual. The district court held that while Vessels may have presented evidence to question whether AISS’s decision was correct, there was no dispute as to whether AISS’s proffered reasons were sincerely held.

STANDAED OF REVIEW

We review de novo

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408 F.3d 763, 2005 U.S. App. LEXIS 8068, 87 Empl. Prac. Dec. (CCH) 42,157, 95 Fair Empl. Prac. Cas. (BNA) 1245, 2005 WL 1076558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-vessels-v-atlanta-independent-school-ca11-2005.