Gosnell v. Runyon

926 F. Supp. 493, 1995 U.S. Dist. LEXIS 20888, 1995 WL 861123
CourtDistrict Court, M.D. Pennsylvania
DecidedDecember 21, 1995
DocketCiv. A. No. 1:CV-94-143
StatusPublished
Cited by1 cases

This text of 926 F. Supp. 493 (Gosnell v. Runyon) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gosnell v. Runyon, 926 F. Supp. 493, 1995 U.S. Dist. LEXIS 20888, 1995 WL 861123 (M.D. Pa. 1995).

Opinion

MEMORANDUM

RAMBO, Chief Judge.

I. Introduction

Stephen E. Gosnell (“Plaintiff’) filed this suit against Marvin Runyon, Postmaster General (“Defendant”), under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (1988) (“ADEA”). Now before the court is Defendant’s motion for summary judgment. The motion has been briefed by both parties and is ripe for disposition.

II. Background

Plaintiff was employed by the United States Postal Service (“USPS”) from 1967 until his early retirement in November of 1992. In January 1992, the USPS posted a vacancy announcement inviting applications for the position of Safety and Health Services Manager in Harrisburg, Pennsylvania. The position was classified as an “E.A.S.-21,” E.A.S. being the matrix according to which postal service jobs correspond to a particular pay rate. Plaintiff applied for the position and was interviewed on April 8, 1992, at which time he was forty-nine years of age. Plaintiff was classified as an E.A.S.-17 at the time he applied and accordingly the position represented a promotion to him.

Peter Bazylewiez, the Manager of Human Resources in Harrisburg, and two other USPS employees conducted interviews of five applicants for the position. Peter Krah, then thirty-four years old, was among the individuals interviewed. Bazylewiez was responsible for the ultimate hiring decision and he selected Krah to fill the position.

Upon learning several weeks later that he had not received the promotion, Plaintiff contacted the interviewers to inquire into the grounds for the decision. Plaintiff claims that in response to this inquiry, Bazylewiez gave the following account of the selection process. The decision was easily reduced to one between Plaintiff and Krah because of deficiencies in the other interviewees. Bazylewicz stated that one “tried to bullshit his way through the interview,” while another, James Gafney, was an E.A.S. “level 21 for the Management Academy who wants to come to Harrisburg and vegetate in the safety position until he retires.” (Gosnell Dep. at 49.) Gafney was thirty-nine years old at the time of the interview. As for the choice between Plaintiff and Krah, Bazylewiez stated that although Plaintiff had a “good interview ... and a good background in safety ..., he’s entitled to select anybody he wants.” (Id.)

Plaintiff, believing that Bazylewiez declined to select him due to age discrimination, filed a formal complaint under the ADEA with the Equal Employment Opportunity Commission (“EEOC”) on September 4, 1992. For various reasons, the EEOC was unable to arrange a hearing during the ensuing eighteen months and, on March 7,1994, it remanded the matter to the USPS for a Final Agency Decision in accordance with the ADEA. On July 19, 1994, the USPS rendered a decision against Plaintiff and he initiated this action in September of 1994.

III.Discussion

A. Summary Judgment Standard

The standards for the award of summary judgment under Federal Rule of Civil Proce[496]*496dure 56 are well known. As the Third Circuit Court of Appeals has capsulized:

Summary judgment may be entered if “the pleadings, deposition[s], answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R.Civ.P. 56(c). An issue is “genuine” only if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-49, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Equimark Comm. Finance Co. v. C.I.T. Financial Serv. Corp., 812 F.2d 141, 144 (3d Cir. 1987). If evidence is “merely colorable” or “not significantly probative” summary judgment may be granted. Anderson, 477 U.S. at 249-51, 106 S.Ct. at 2511; Equimark, 812 F.2d at 144. Where the record, taken as a whole, could not “lead a rational trier of fact to find for the nonmoving party, summary judgment is proper.” Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574, [586-88] 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).

Hankins v. Temple Univ., 829 F.2d 437, 440 (3d Cir.1987). Once the moving party has shown that there is an absence of evidence to support the claims of the nonmoving party, the nonmoving party may not simply sit back and rest on the allegations in her complaint, but instead must “go beyond the pleading’s and by her own affidavits, or by the depositions, answers to interrogatories, and' admissions on file, designate specific facts showing that there is a genuine issue for trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986) (quotations omitted). The court will consider Defendant’s motion under these standards.

B. General Standards Governing ADEA Claims

The ADEA bans age discrimination in employment against persons over age 40. 29 U.S.C. § 623(a)(1) and § 631(a). The purpose of the statute is “to promote employment of older persons based on their ability rather than age ... [and] to prohibit arbitrary age discrimination in employment.” 29 U.S.C. § 621(b).

Because the ADEA parallels Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (1988) (“Title VII”), in both text and purpose, courts adjudicating ADEA claims have adopted the analytic framework developed under Title VII. See, e.g., Barber v. CSX Distribution Services, 68 F.3d 694, 699 (3d Cir.1995). Consequently, courts decide ADEA claims under the standards set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and further developed in Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981), and Saint Mary’s Honor Center v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993).

The long-established process of alternating burdens of production set forth in McDonnell Douglas, Burdine and Hicks

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Bluebook (online)
926 F. Supp. 493, 1995 U.S. Dist. LEXIS 20888, 1995 WL 861123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gosnell-v-runyon-pamd-1995.