Hanani v. New Jersey Department of Environmental Protection

205 F. App'x 71
CourtCourt of Appeals for the Third Circuit
DecidedNovember 9, 2006
DocketNo. 05-3157
StatusPublished
Cited by27 cases

This text of 205 F. App'x 71 (Hanani v. New Jersey Department of Environmental Protection) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanani v. New Jersey Department of Environmental Protection, 205 F. App'x 71 (3d Cir. 2006).

Opinion

OPINION OF THE COURT

SILER, Circuit Judge.

Plaintiff Manal Hanani appeals the district court’s grant of summary judgment for the New Jersey Department of Environmental Protection (“DEP”) and individual defendants Barker Hamill, Philip Roy-er, Roger Tsao, and John Does, persons [73]*73whose identities are currently unknown (all collectively referred to as “Defendants”). Hanani brought suit under 42 U.S.C. § 1988, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and the New Jersey Law Against Discrimination (“NJLAD”), N.J. Stat. Ann. § 10:5-1 et seq., alleging employment discrimination for failure to promote. On appeal Hanani asserts that in 2001 and 2002, she and other foreign employees were denied promotions, and that DEP Bureau Chief Hamill promoted four white Americans to supervisory positions. For the following reasons, we AFFIRM.

Facts

Born in Egypt, Hanani is a naturalized citizen of the United States. In 1988, she started working as an Environmental Engineer Trainee for DEP Bureau of Safe Drinking Water. At the time of this dispute, Hanani held the job title Principal Environmental Engineer.

The DEP is divided into various operational Administrations, one of which is the Water Supply Administration. That administration is divided into two separate bureaus: (1) the Bureau of Safe Drinking Water (“Bureau”) and (2) the Bureau of Water Allocation. Hamill was the Chief of the Bureau. Hamill reported directly to three Section Chiefs: Royer, Vince Monaco and Sandra Kreitzman. Employees within the Bureau are classified as either “Environmental Engineers” or “Environmental Specialists.”

In 1999, a supervisory Environmental Specialist position was posted as a provisional appointment. The position was open to Principal Environmental Engineers, Principal Environmental Specialists, and Geologists. Thirteen DEP employees applied for the provisional position. All applicants were interviewed by a panel of four DEP officials that included Hamill, Royer, Kreitzman, and Nancy Goreman. Carla Hunt, a human resources employee, supervised the selection process but did not evaluate the potential candidates. Of the thirteen candidates, four were foreign nationals — Hanani, Jay Patel, Adekunle Oguntala, and Myonsgun Kong. At the time of the posting and interview process, Hanani and the other three applicants of foreign ancestry held engineer titles.

The applicants were evaluated on the basis of their resumes and their responses to a series of seven interview questions and then ranked in numerical order. The performance ratings (“PARs”), which evidenced the candidates’ prior performance and experience in the Bureau, were not considered. In 2000, the Bureau Administrator, Shing Fu Hsueh, announced that Linda Friedman, a white female, had been awarded the provisional appointment. None of the candidates of foreign origin was ranked in the top five. At sixth, Oguntala was rated the highest of those of foreign origin. Hanani was ranked thirteenth and Patel twelfth.

In 2001, Hanani met with Hsueh to discuss Friedman’s appointment to the provisional title and expressed that she was being discriminated against. Shortly thereafter, she filed a grievance with the union, through its representative, John Seiler. She explained that she was denied the promotion based on her national origin. She also complained that Royer, her supervisor, failed to complete a PAR for her during 1995 through 2000, despite her repeated requests to do so. Her grievance was transferred to DEP management. Seiler informed Hanani that the provisional appointment was not a grievable matter because she would again have an opportunity to obtain the position when it was posted for permanent status. On October 31, 2000, Royer completed a PAR for Hanani and then transferred the task of com[74]*74pleting the remaining PARs to Patricia Craver.

The provisional position held by Friedman as Supervising Environmental Specialist was posted for permanent status in October 2000. Only employees holding the title of Principal Environmental Specialists were permitted to apply for the permanent position. As a result of the application requirements, all Principal Environmental Engineers, including Hanani, were excluded from consideration.

Hanani still applied for the position, but her resume was refused. Hanani was allegedly informed by Hunt that the decision to exclude engineers from the applicant pool was not made by Bureau management, but instead by the New Jersey Department of Personnel (“NJ DOP”). After the competitive examination for the permanent position, Friedman was selected to fill the vacancy although Friedman’s examination score did not place her in the top three candidates. Hanani alleges that because of DEP regulations, Friedman could not be promoted unless the three highest ranking applicants were first promoted. She maintains that in October 2001, the Bureau management team, including Hamill and Royer, manipulated DEP rules and promoted the three highest ranking applicants — Patricia Bono, William Dietze, and Mathew Maffei — from Principal to Supervisory positions. The promotions allegedly violated DEP rules requiring that vacancies be posted and subject to a competitive examination process.

In January 2002, Hanani met with Roy-er to again request a promotion. She complained that the other promotions were made within the Bureau and that the process had been manipulated to ensure that Friedman obtained the supervisory promotion. The meeting was moved to Hamill’s office where he asked why she had not applied for the permanent position. She explained that she had been precluded from applying. Royer and Hamill stated that they were not aware of the decision to exclude Environmental Engineers from applying and that it must have been a decision made by the NJ DOP. As a result of the meeting, Hanani investigated who made the decision to exclude Environmental Engineers from applying.

On February 1, 2002, she forwarded an email to Susan Mannix, the NJ DOP employee who had signed the October 2000 job position, asking: “Was the Decision made by the appointment authority, was it made by the DEP Personnel or by the NJ State Dept. Of Personnel?” Mannix responded that the decision had been made by the appointing authority, DEP. Craig Stephens, DEP Director of Personnel, explained that the decision to exclude engineers was not made by the Department of Personnel, but instead by the “program,” or internally within the Bureau. Hanani claims that defendants Royer and Baker lied by feigning ignorance that engineers had been excluded from applying for the permanent position and that this is further evidence of discrimination.

On February 14, 2002, Hanani filed a charge of discrimination with the New Jersey Division of Civil Rights (“NJDCR”) and the Equal Employment Opportunity Commission (“EEOC”). That same day she received a letter confirming that the Bureau management was involved in the decision to exclude engineers from eligibility for the permanent position. In her EEOC charge, she alleged that she was denied the promotion to the supervisory position based on her Egyptian national origin. She further alleged that Hunt informed her that her name had been removed from the list of those being considered for the promotion on February 5, 2001. She received a letter from the NJDCR advising her that it would process

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205 F. App'x 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanani-v-new-jersey-department-of-environmental-protection-ca3-2006.