Jaramillo v. Colorado Judicial Department

427 F.3d 1303, 68 Fed. R. Serv. 858, 2005 U.S. App. LEXIS 23657, 87 Empl. Prac. Dec. (CCH) 42,143, 96 Fair Empl. Prac. Cas. (BNA) 1345, 2005 WL 2865187
CourtCourt of Appeals for the Tenth Circuit
DecidedNovember 2, 2005
Docket04-1284
StatusPublished
Cited by216 cases

This text of 427 F.3d 1303 (Jaramillo v. Colorado Judicial Department) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jaramillo v. Colorado Judicial Department, 427 F.3d 1303, 68 Fed. R. Serv. 858, 2005 U.S. App. LEXIS 23657, 87 Empl. Prac. Dec. (CCH) 42,143, 96 Fair Empl. Prac. Cas. (BNA) 1345, 2005 WL 2865187 (10th Cir. 2005).

Opinion

PER CURIAM.

This Title VII appeal arises out of Plaintiff Kristin Jaramillo’s claim that the Colorado Judicial Department (“CJD”) subjected her to disparate treatment on the basis of sex when it passed her over for promotion in favor of a male officer. The district court granted the CJD’s motion for summary judgment. We exercise discretion under 28 U.S.C. § 1291 and AFFIRM.

I.

Ms. Jaramillo began working as a volunteer in the Denver Juvenile Probation Department (“DJPD”) in 1994. Appellant’s App. at 288. Over the next several years she continued working at DJPD in a part-time, unpaid capacity. Id. at 288-89. Ms. Jaramillo was hired as a full-time contract employee by DJPD in February 1998. Id. at 289. In February 1999, DJPD hired Ms. Jaramillo as a Probation Officer Level I, a permanent position. Id.

In October 2000, DJPD announced the opening of a Probation Officer II (“PO II”) position. Id. at 70. DJPD developed a testing procedure that involved a review of the applicant’s training, career track accomplishments, probation client case management, and a position paper submitted with the application. Id. at 65-68, 72-73. Seven individuals applied. The applicants received a letter from Susan Donovan, the Chief Probation Officer for DJPD at all times relevant to this suit, outlining the selection process and the areas of evaluation. Id. at 72, 74-75. Four of the seven applicants withdrew. The remaining three applicants were Ms. Jaramillo, Brian Sandoval, and Arturo Villa, all of whom were DJPD employees. Id. at 74. After testing was complete, DJPD ranked the candidates in the following order, with corresponding scores: (1) Kristin Jaramillo, 36.8; (2) Brian Sandoval, 36.0; (3) Arturo Villa, 26.6. Id. at 82-87. In February 2001, Susan Donovan announced that Brian Sandoval had been selected for promotion to PO II. Id. at 88. Ms. Jaramillo was promoted to PO II in October 2001. Id. at 90.

Ms. Jaramillo filed her complaint in April 2002, alleging that the CJD subjected her to disparate treatment on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. In July 2004, the district court granted the CJD’s motion for summary judgment.

II.

To prevail on a disparate treatment claim under Title VII, a plaintiff must show that his employer intentionally discriminated against him for a reason prohibited by the statute. See Salguero v. City of Clovis, 366 F.3d 1168, 1178 (10th Cir.2004) (“[Title VII] prohibits only intentional discrimination based wpon an employee’s protected class characteristics.”) (quoting EEOC v. Flasher Co., 986 F.2d 1312, 1319 (10th Cir.1992)). If the plaintiff relies upon circumstantial evidence, we apply the burden-shifting framework outlined in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). First, the plaintiff must establish a prima facie case of discrimination by showing that “(1) he is a member of a protected class; (2) he applied for and was qualified for the particular position; (3) he was not promoted despite his qualifications; and *1307 (4) the position was filled or remained open after he was rejected.” Cross v. The Home Depot, 390 F.3d 1283, 1286 (10th Cir.2004); see also Jones v. Barnhart, 349 F.3d 1260, 1266 (10th Cir.2003). 1 If the plaintiff establishes a prima facie case, a presumption of discrimination arises. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). The burden then shifts to the defendant to articulate a legitimate, non-discriminatory reason for the adverse employment action. Tex. Dept. of Community Affairs v. Burdine, 450 U.S. 248, 254, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). If the defendant carries its burden of production, the presumption of discrimination drops out of the case. St. Mary’s Honor Center v. Hicks, 509 U.S. 502, 510-11, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). The burden then shifts back to the plaintiff, who must prove by a preponderance of the evidence that the employer’s reasons are a pretext for unlawful discrimination. Rivera v. City & County of Denver, 365 F.3d 912, 920 (10th Cir.2004).

The district court found that the CJD provided a legitimate, non-discriminatory reason for its decision to promote Mr. Sandoval, namely his superior qualifications (discussed below). It found that Ms. Jaramillo failed to produce evidence of pretext, reasoning that (1) she failed to make arguments or produce evidence to show that the CJD’s reason for promoting Mr. Sandoval was false, Appellant’s App. at 378; (2) she failed to show any procedural irregularities because the CJD’s selection process was consistent with published policy, id. at 379-80; and (3) her allegation of “pre-selection” was supported only by rumor and hearsay, and moreover, the evidence tended to corroborate the CJD’s argument that it had a legitimate reason for promoting Mr. Sandoval. Id. Accordingly, the court found that the CJD produced a nondiscriminatory reason for its decision, and Ms. Jaramillo failed to raise a genuine issue of fact on the element of pretext.

We review the district court’s grant of summary judgment de novo. Wilson v. Meeks, 98 F.3d 1247, 1252 (10th Cir.1996). We consider the evidence in the light most favorable to the non-moving party, drawing all reasonable inferences from the available underlying facts. Id. at 1253. Summary judgment is appropriate if there is no genuine issue of material fact. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 585-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

III.

The CJD concedes, for purposes of summary judgment, that Ms. Jaramillo has established a prima facie case of disparate-treatment discrimination. Our review is therefore confined to the question whether the CJD produced a legitimate, non-discriminatory reason for its employment decision and, if so, whether Ms. Jaramillo produced evidence sufficient to raise a genuine issue of material fact on the question of pretext. The CJD has carried its burden; Ms.

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427 F.3d 1303, 68 Fed. R. Serv. 858, 2005 U.S. App. LEXIS 23657, 87 Empl. Prac. Dec. (CCH) 42,143, 96 Fair Empl. Prac. Cas. (BNA) 1345, 2005 WL 2865187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaramillo-v-colorado-judicial-department-ca10-2005.