Howard Motley v. Alphonso Jackson

319 F. App'x 168
CourtCourt of Appeals for the Third Circuit
DecidedApril 6, 2009
Docket08-1712
StatusUnpublished

This text of 319 F. App'x 168 (Howard Motley v. Alphonso Jackson) 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
Howard Motley v. Alphonso Jackson, 319 F. App'x 168 (3d Cir. 2009).

Opinion

OPINION

PER CURIAM.

Howard Motley appeals from the order of the United States District Court for the Eastern District of Pennsylvania granting the defendant’s motion for summary judgment in his civil action. We will affirm.

Because the parties are familiar with the history and facts of the case, and because the District Court’s memorandum contains a detailed account, we will recount the background in summary fashion. Motley, an African American male, had been employed by the Department of Housing and Urban Development (HUD) since September 1980. In December 1999, HUD advertised Community Builder positions under two vacancy announcements: 00-MSH-2000-0002z, which was open to all qualified career and career conditional federal employees; and 00-DEU-2000-0002z, which was open to all qualified applicants regardless of federal work experience. Motley applied for Community Builder vacancies at the GS-14 level 1 in Camden, New Jersey; Philadelphia, Pennsylvania; and Wilmington, Delaware under both announce *169 ments. Motley was not selected for any of the openings. HUD instead selected three white males and one white female to fill the positions.

Motley filed a formal complaint with the Equal Employment Opportunity Commission, alleging discrimination. Motley prevailed after a hearing, and the Administrative Law Judge’s decision was affirmed on appeal in September 2004. However, HUD then sought reconsideration, which the Commission granted on August 26, 2005, finding that HUD had articulated a legitimate, non-discriminatory reason for finding that those who were selected for the positions were superior to Motley. Motley then filed a complaint in the District Court. HUD filed a motion for summary judgment, which the District Court granted. 2 This timely appeal followed.

We have jurisdiction over the appeal under 28 U.S.C. § 1291 and exercise plenary review over the District Court’s decision to grant summary judgment. McGreevy v. Stroup, 413 F.3d 359, 363 (3d Cir.2005). Summary judgment is appropriate when the “pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). A court reviewing a summary judgment motion must evaluate the evidence in the light most favorable to the nonmoving party and draw all reasonable inferences in that party’s favor. Brewer v. Quaker State Oil Ref. Corp., 72 F.3d 326, 330 (3d Cir.1995). However, a party opposing summary judgment “must present more than just ‘bare assertions, conclusory allegations or suspicions’ to show the existence of a genuine issue.” Podobnik v. U.S. Postal Serv., 409 F.3d 584, 594 (3d Cir.2005) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).

As Motley did not submit direct evidence of discriminatory behavior, the District Court appropriately analyzed his discrimination claims under the familiar burden-shifting framework established by McDonnell Douglas v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under that framework, a plaintiff challenging an adverse employment decision has the initial burden of establishing a prima facie case of discrimination. See McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. To set forth a prima facie case of disparate treatment a plaintiff must show that he or she: 1) belongs to a protected class; 2) was qualified for the employment benefit he sought, and that 3) nonmembers of the protected class were treated more favorably. See Id.; see also Goosby v. Johnson & Johnson Med., Inc., 228 F.3d 313, 318-19 (3d Cir.2000). The burden then shifts to the employer to proffer a legitimate, nondiscriminatory reason for the decision. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. Once that burden is met, the plaintiff must establish by a preponderance of the evidence that the nondiscriminatory reasons articulated by the employer are pretextual. See Jones v. School Dist. of Philadelphia, 198 F.3d 403, 410 (3d Cir.1999). To defeat summary judgment, “the plaintiff must point to some evidence, direct or circumstantial, from *170 which a factfinder could reasonably either (1) disbelieve the employer’s articulated legitimate reasons; or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer’s action.” Fuentes v. Perskie, 32 F.3d 759, 764 (3d Cir.1994). More particularly, the plaintiff must demonstrate “such weaknesses, implausibilities, inconsistencies, incoheren-cies, or contradictions in the employer’s proffered legitimate reasons for its action that a reasonable factfinder could rationally find them ‘unworthy of credence’ and hence infer ‘that the employer did not act for [the asserted] non-discriminatory reasons.’” Id. at 765 citing Ezold v. Wolf, Block, Schorr & Solis-Cohen, 983 F.2d 509, 531 (3d Cir.1992).

We conclude that the District Court’s analysis and entry of summary judgment on Motley’s discrimination claim is fully supported by the record. We agree with the District Court that even assuming that Motley met his prima facie case of showing discrimination against him on account of his race or gender, HUD established legitimate, nondiscriminatory reasons for not selecting Motley. See Fuentes, 32 F.3d at 763 (noting that the employer’s burden to articulate a legitimate, nondiscriminatory reason is “relatively light”).

HUD produced evidence showing that compared with selectees who submitted recent job performance appraisals, 3 Motley had the lowest rating (“fully successful,” as compared to “highly successful” and “outstanding” for the other candidates). 4

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319 F. App'x 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-motley-v-alphonso-jackson-ca3-2009.