Hill v. Metropolitan Atlanta Rapid Transit Authority

841 F.2d 1533, 1988 U.S. App. LEXIS 4503, 46 Empl. Prac. Dec. (CCH) 37,915, 46 Fair Empl. Prac. Cas. (BNA) 930, 1988 WL 24175
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 11, 1988
DocketNos. 85-8845, 86-8026
StatusPublished
Cited by32 cases

This text of 841 F.2d 1533 (Hill v. Metropolitan Atlanta Rapid Transit Authority) 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
Hill v. Metropolitan Atlanta Rapid Transit Authority, 841 F.2d 1533, 1988 U.S. App. LEXIS 4503, 46 Empl. Prac. Dec. (CCH) 37,915, 46 Fair Empl. Prac. Cas. (BNA) 930, 1988 WL 24175 (11th Cir. 1988).

Opinion

CLARK, Circuit Judge:

One of these two consolidated appeals is from a judgment in favor of the employer, Metropolitan Atlanta Rapid Transit Authority (MARTA) in an action brought initially by fifty plaintiffs whose applications for employment with MARTA were rejected. The basis of the complaint was racial discrimination in MARTA’s hiring practices. The second appeal is from the district court’s refusal to grant MARTA attorney’s [1536]*1536fees.1 We affirm in part and reverse and remand in part.

With respect to the merits of the plaintiffs’ claims, two dispositive orders were entered by the district court. On April 30, 1984, Judge Owen Forrester granted defendant’s motion for summary judgment as to a portion of the claims of certain plaintiffs. 591 F.Supp. 125. The plaintiffs claim that the court erred in finding that the claims of some plaintiffs were not timely filed under 42 U.S.C. §§ 1981, 1983 (1982) and/or Title VII, 42 U.S.C. § 2000e (1982). No appeal is taken from the court’s denial of the claims under 42 U.S.C. § 1985 (1982). The second dispositive order was entered by Judge Robert L. Vining, Jr. on September 4, 1985, and dismissed the balance of the plaintiffs’ claims pursuant to defendant’s motion under Fed.R.Civ.P. 41(b). The plaintiffs contend that the court erred in finding that they did not make out a prima facie case.

We shall discuss first the background and facts leading to the orders of the district court, then the individual claims of those plaintiffs whose cases were dismissed pursuant to Rule 41(b), and finally the claims of those plaintiffs whose suits were found completely barred by the applicable statutes of limitations. Only thirty-nine of the original plaintiffs have appealed.

I. BACKGROUND AND FACTS

MARTA is a public corporation operating the transit system in Atlanta and those portions of Fulton and DeKalb Counties not within the City of Atlanta. It purchased the Atlanta Transit System in 1972 and then expanded with the assistance of federal funds. MARTA sought from its inception to ensure equal employment opportunities without regard to race or sex. See Whatley v. MARTA, 632 F.2d 1325 (5th Cir.1980). During the period relevant to this lawsuit, MARTA had approximately 2,700 employees, of whom 52% were white and 48% were black. The population figures for this period reflect that the two counties served were 65% white and 35% black. Because this case principally involves applicants for bus drivers, it is noted that 51% of the drivers were black and 49% white.

In 1977 and 1978 certain members of MARTA’s Board of Directors became concerned about the racial makeup of MARTA’s employees. Three or more Board members were of the view that MARTA had a disproportionate number of black bus operators and that there was a perception in the community that whites could not obtain these jobs. Consequently, in November of 1978, MARTA began considering the applications of minimally qualified whites for positions as bus operators ahead of the applications of blacks who were minimally qualified. Since the majority of the plaintiffs were applicants for the position of bus operator and there was no evidence that there was any discrepancy in the treatment of white and black applicants for other positions, the balance of the discussion at this stage will pertain only to those who applied for the position of bus operator.

Applications for jobs in the Operations Division2 were available at the office of that division on Summit Drive. In the reception room on a bulletin board and on cards were instructions with respect to completing the application. Applicants submitted their completed applications to the receptionist. They were told that their applications would be considered and that they would be contacted if they were minimally qualified and a position was open. Applicants were also told, if they inquired, that their applications would be kept on an active list for one year, after which they would not be considered. William Dean was in charge of the employment office for [1537]*1537Operations and his assistant was Brady Dorsey.

Dean’s and Dorsey’s testimony revealed that Dorsey screened the applications and that there was a rejection rate at that stage of approximately 85%. A log was kept of all applications, and they were classified AI, application incomplete; NI, not interested; and QA, minimally qualified applicant. Applications would be deemed incomplete if, for example, they bore no signature, revealed an unexplained gap in past employment, failed to list the name of a former supervisor who could be contacted, or did not include the applicant’s age. Applications would be labeled “not interested” if they revealed, for example, that the applicant was under the age requirement of 25, had a frequent turnover in employment, had a criminal record, or lacked sufficient education. The “QA” list was comprised of the remainder of the applicants and these were the only applicants who would advance further into the hiring process.

Dean testified that attrition and the addition of new routes resulted in the need for about 12 operators a month or 150 a year. He estimated that there were about 6,000 applicants for the bus operator position in the 1978-79 years.3 QA applications were retained for one year from the date of application. Since the number of those minimally qualified far exceeded the number hired, many on the QA list were never contacted by MARTA. The processing of those who were contacted involved first the administration of a validated test,4 then an interview, and finally an Equifax investigation of the applicant’s background, including any criminal and traffic violations. If an applicant passed through all these stages successfully and could obtain the appropriate licenses, he was deemed fully qualified for the position.

Dean admitted that from November 1978 until November 1979, the applications of those on the QA list for bus operator were considered out of sequence, with white applicants being considered ahead of blacks.5 An audit of the Operations Division hiring conducted internally by MARTA and covering the period involved here revealed that black men and women were being hired 153 and 126 days, respectively, after they made the QA list, while white men and women were being hired just 48 and 33 days after they qualified. As a result, on November 16, 1979, the Operations employment office was directed to consider those on the QA list only in the order of their applications.6 It is important to note that none of these plaintiffs claims he or she was subject to discrimination as a result of this out of sequence processing.

At the same time, new procedures were instituted for the handling of those applicants who did not make the QA list during the period in which the acceleration took place. This is the category into which most of these plaintiffs fall.

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841 F.2d 1533, 1988 U.S. App. LEXIS 4503, 46 Empl. Prac. Dec. (CCH) 37,915, 46 Fair Empl. Prac. Cas. (BNA) 930, 1988 WL 24175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-metropolitan-atlanta-rapid-transit-authority-ca11-1988.