Hereford v. Huntsville Board of Education

574 F.2d 268, 22 Fair Empl. Prac. Cas. (BNA) 1522, 1978 U.S. App. LEXIS 10897, 16 Empl. Prac. Dec. (CCH) 8340
Court of Appeals for the Fifth Circuit·Decided June 2, 1978·No. No. 76-4437·Published·Cited by 19 cases

Opinion

JAMES C. HILL, Circuit Judge.

The case on appeal arises in the context of the desegregation of the Huntsville, Alabama school system. Eight plaintiffs, present and former black employees of the school system, allege that the defendants have unlawfully discriminated against them and against other similarly situated persons.1 Of the eight plaintiffs, six claim that the defendants unconstitutionally denied them and other similarly situated persons promotions because of their race. The other two plaintiffs claim that the defendants demoted them in contravention of this court’s decision in Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211 (5th Cir. 1969), cert. denied, 396 U.S. 1032, 90 S.Ct. 612, 24 L.Ed.2d 530 (1970). The district court held that the defendants have not racially discriminated in awarding promotions and that Singleton is inapplicable to the plaintiffs’ claims. On this appeal, the plaintiffs do not challenge the district court’s holding that Singleton is inapplicable to promotion decisions. The plaintiffs do challenge the district court’s other holdings. We hold that the plaintiffs’ challenges are meritless, and we affirm the district court.

I. Allegedly Unconstitutional Failures to Promote.

The plaintiffs charge that the defendants have discriminated against blacks in awarding promotions by keeping black personnel in traditionally black schools and by failing to appoint blacks to certain positions. The plaintiffs pray that the defendants be required to adopt and use objective criteria for promotion decisions. Singleton is inapplicable to these claims, because Singleton applies only to desegregation related reductions resulting in dismissals or demotions. Lee v. Russell County Board of Education, 563 F.2d 1159, 1161 (5th Cir. 1977); Ayers v. Western Line Consolidated School District, 555 F.2d 1309, 1321 (5th Cir. 1977); Pickens v. Okolona Municipal Separate School District, 527 F.2d 358, 361 (5th Cir. 1976). The defendants still had the burden of proving, however, that their personnel decisions were not unconstitutionally motivated. Barnes v. Jones County School District, 544 F.2d 804, 807 (5th Cir. 1977); Roper v. Effingham County Board of Education, 528 F.2d 1024, 1025 (5th Cir. 1976).

In filling job vacancies, a school board’s decision may be based on certain subjective factors, such as an applicant’s knowledge of his subject, philosophy on education and on life in general, appearance, references, leadership ability, and aggressiveness. George v. Davis, 365 F.Supp. 446 (M.D.La.1973), aff’d, 493 F.2d 663 (5th Cir. 1974). Every specific promotion decision about which the plaintiffs complain was justified by differences in the applicants’ credentials and abilities. Following is a summary of the plaintiffs’ specific claims and of the evidence taken concerning those claims.

(1) Mr. Willie Clark was first employed in 1957 as an industrial arts teacher, and he remained in that position for five years. He then was promoted to D. O. Coordinator at Council High School and then at Butler High School. Clark was appointed assistant principal at Johnson High School five years before trial: no evidence exists that he has since changed positions.

When a vacancy occurred in the princi-palship at Butler High School in the early [271] part of 1975, Clark applied for the position but did not receive a response. Special staff difficulties existed at Butler when the vacancy occurred, and Clark was considered along with several other persons. Mr. Seal, who was Director of Secondary Education, was chosen to fill the vacancy because of his strong leadership, initiative, and ability to reunite the faculty. Mr. Marvin Clem, who was the principal at Johnson High School for two of the years that Clark was assistant principal, testified that Clark was reluctant to assume average responsibilities and to involve himself in disciplinary procedures, particularly with black students. Clem testified that he did not recommend Clark for a principalship.

In August 1975, Clark applied for. a vacancy in the principalship at J. O. Johnson High School and was interviewed by the Superintendent. The vacancy at Johnson was filled by a white, Mr. Tom Drake, who was the principal of Ed White Middle School at that time. The vacancy thus occurring at Ed White Middle School was filled by Mr. Jack Anthony, a black. Clark conceded that several white assistant principals with longer service than his as assistant principal were passed over for the prin-cipalship at Johnson, including the assistant principal at Johnson, and for the principal-ship at Ed White Middle School. Additionally, Drake was a tenured principal, whereas Clark was not.

Clark also complains that he did not receive an elementary school principalship at Rolling Hills in 1975. Clark had no experience in the elementary school field and conceded that he did not know whether he would be qualified in that field under the accreditation requirements of the Southern Association of Colleges and Schools.

(2) Mr. Charles Ford is an assistant principal at Huntsville Middle School. Prior to his present assignment in 1973, he taught physical education, coached basketball and baseball, and was an assistant football coach at Huntsville Junior High. In 1973 or 1974, Ford applied for the D. O. Coordinator position at Grissom High School and was interviewed. He was not awarded the job because D. O. Coordinator is a high school position, and Ford lacked the necessary training. Ford also complains that he did not receive a high school coaching position, though he did not recall whether he had ever applied for a position. Ford conceded that coaches have to teach high school courses and that the only high school course he was certified to teach was drivers’ education.

Finally, Ford complains that he did not receive the principalship at Huntsville Middle School, for which he applied in 1975. Black parents complained that Ford was excessively harsh in disciplining black students, especially the “hard core” students at Huntsville Middle School. Ford did not like administrative duties and stated that administration was not “his thing.” Additionally, when Ford served as acting principal of Huntsville Middle School, teachers complained about his performance. According to the Superintendent, Ford did not get the Huntsville Middle School principalship primarily because a tenured principal, Mr. Shoemaker, applied for the position. Shoemaker’s previous principalship was filled by another tenured principal. Ford had tenure only as a teacher.

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Hereford v. Huntsville Board of Education, 574 F.2d 268, 22 Fair Empl. Prac. Cas. (BNA) 1522, 1978 U.S. App. LEXIS 10897, 16 Empl. Prac. Dec. (CCH) 8340 (5th Cir. 1978).

574 F.2d 268 (Hereford v. Huntsville Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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