Jeffrey Braithwaite v. Department of Homeland Security

473 F. App'x 405
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 23, 2012
Docket10-3508
StatusUnpublished
Cited by7 cases

This text of 473 F. App'x 405 (Jeffrey Braithwaite v. Department of Homeland Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeffrey Braithwaite v. Department of Homeland Security, 473 F. App'x 405 (6th Cir. 2012).

Opinion

PER CURIAM.

Plaintiffs-Appellants Jeffrey Braithwaite and Bruce Schneider appeal from a district court order granting the Government’s motion for summary judgment and dismissing their age-discrimination complaint. They also appeal the denial of their motion to compel production of a document. Braithwaite and Schneider *407 worked for the Transportation Security Administration (“TSA”) within the Department of Homeland Security before they were terminated during an agency-wide restructuring. They claim that their employer’s decisions not to promote or transfer them to new jobs when their jobs were eliminated were the result of age discrimination and retaliation. For the reasons described below, we find that neither Braithwaite nor Schneider has satisfied his burden to survive a motion for summary judgment on these claims, and we AFFIRM the district court’s rulings.

I.

A.

This age-discrimination case features two plaintiffs with different jobs that worked for the same supervisor at TSA. It revolves around several personnel decisions involving alleged failures to promote and transfer when the plaintiffs’ jobs were eliminated. Given the various moving parts, it is helpful at the outset to identify and describe the primary persons involved in this lawsuit, all of whom were TSA employees during the time period relevant to this case.

Jeffrey Braithwaite. Before joining TSA, Plaintiff-Appellant Jeffrey Braithwaite worked as a regional-air-freight director for a cargo company. He joined TSA in April 2002 as a Supervisory Transportation Security Screener, and then became a Scheduling Operations Officer (“SOO”) at Toledo Express Airport (“TOL”) in October 2002. Aside from a six-month detail as a Transportation Security Specialist, Braithwaite served as a SOO at TOL until he was terminated on September 30, 2006. Braithwaite was over 40 years old at all times relevant to this action.

Bruce Schneider. Before joining TSA, Plaintiff-Appellant Bruce Schneider held a number of jobs primarily in law enforcement and security with the Wayne County Sheriffs Department, the Wayne County Metropolitan Airport Police Department, and Ford Motor Company. Schneider joined TSA in October 2002 as an Assistant Federal Security Director for Screening (“AFSD/S”) at TOL, a position on the Federal Security Director’s staff (“FSD Staff’). Schneider served as the ASFD/S until he was terminated on September 30, 2006. Schneider was over 40 years old at all times relevant to this action.

Michael Young. Michael Young was a Federal Security Director (“FSD”) and the head of TSA’s management at Cleveland Hopkins International Airport at all times relevant to this action. In that capacity, and as one of Schneider’s and Braithwaite’s supervisors, Young oversaw the specific personnel decisions that animate this lawsuit.

John Bartolomeo. When a vacancy for the position of Deputy Federal Security Director (“DFSD”) at TOL was announced in late 2004, John Bartolomeo ultimately was hired for the job over nine other candidates, including Schneider. He was still in that position when TSA reorganized in 2006, at which point Schneider’s and Braithwaite’s positions were eliminated under the reorganization plan.'

B.

In late 2004, TSA released Vacancy Announcement TSA-05-0319 to announce a job opening for the position of FSD at TOL, which later was reclassified as the DFSD. The announcement listed the qualifications, knowledge, skills, and abilities necessary for the job. Schneider, who was then serving as the AFSD/S, applied for the promotion. TSA’s Office of Human Capital screened the applicants and creat *408 ed an internal list of ten individuals that met basic eligibility requirements and were “minimally qualified for the position.” Schneider was on this list of ten people, as was Bartolomeo. Nine of the ten applicants on the eligibility list, including Schneider, were over 40 years old; Bartolomeo was the only qualified applicant under 40 years old.

FSD Young and his deputy evaluated these ten applicants and selected five to interview for the DFSD job. Schneider was not selected for an interview. Bartolomeo was interviewed and ultimately was selected for the job. After complaining about not receiving an interview for the job, Schneider filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) against Young and the agency, claiming age discrimination. During the EEOC hearing, FSD Young explained his decision, stating that Schneider had neither the job experience nor the leadership ability to make him a top candidate. In Young’s view, Schneider lacked the diverse career experience and administrative experience that the job required.

C.

According to Braithwaite, he was passed over for a promotion that would have made him a Cargo Aviation Inspector in January 2006. He initiated contact with the EEOC on March 6, 2006, after he was not selected for two other Cargo Aviation Security Inspector positions that were posted online in February 2006. He filed a formal complaint on June 13, 2006, which was heard on March 13, 2008. He stated in his EEO complaint that the earlier position was not publicly available, that he became aware of it from an email he received, and that he heard from friends that younger people got the available jobs. An email from this time period written by Bartolomeo mentions Braithwaite in connection with an existing vacancy, but it does not indicate whether Braithwaite applied for the job. Braithwaite made several vague statements in his EEO complaint regarding his application for a promotion, but did not definitively state that he actually applied for any of these vacant positions. At the March 13, 2008 hearing, Braithwaite withdrew his petition and requested a Final Agency Decision, which, when granted, cleared the way for him to file a lawsuit in federal court.

D.

In 2004, a TSA working group examined the allocation of FSD Staff positions at airports across the country. That review led to the Hub-Spoke Realignment and Reallocation Plan (“the Plan”), which grouped the country’s airports into “hubs” and associated “spokes” to streamline operations and improve overall efficiency. Under the Plan, hub airports would provide administrative support and services to their spoke airports. TSA’s Office of Security Operations drafted and circulated business rules to guide this realignment, which impacted which FSD Staff positions would survive the realignment and set forth the pay bands and core functions of the hubs and spokes.

TSA operates under unique rules regarding its workforce reductions. Pursuant to the authority granted in 49 U.S.C. § 114(n), TSA’s Office of Human Capital (“OHC”) issued HCM Policy No. 351-3 in February 2006. It established the policies and procedures for the type of involuntary workforce reduction that occurred in this case. The Policy dictated that workforce reductions would take place at the airport level, and required management to develop target staffing plans and identify positions to be eliminated in concert with OHC.

Under the Policy, individuals whose positions were eliminated did not have “bump *409

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Bluebook (online)
473 F. App'x 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffrey-braithwaite-v-department-of-homeland-security-ca6-2012.