Lafayette Canada v. Union Electric Company

135 F.3d 1211, 1997 U.S. App. LEXIS 30798, 72 Empl. Prac. Dec. (CCH) 45,068, 81 Fair Empl. Prac. Cas. (BNA) 677, 1997 WL 693820
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 10, 1997
Docket97-1673
StatusPublished
Cited by159 cases

This text of 135 F.3d 1211 (Lafayette Canada v. Union Electric Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lafayette Canada v. Union Electric Company, 135 F.3d 1211, 1997 U.S. App. LEXIS 30798, 72 Empl. Prac. Dec. (CCH) 45,068, 81 Fair Empl. Prac. Cas. (BNA) 677, 1997 WL 693820 (8th Cir. 1997).

Opinions

RICHARD S. ARNOLD, Chief Judge.

Lafayette Canada, an African-American employee of Union Electric Company, claims the company failed to promote him to the position of gardener because of his race. He appeals the order of the District Court granting summary judgment for Union Electric. The District Court held that there were no genuine issues of material fact with respect to Union Electric’s legitimate, nondiscriminatory reason for its failure to promote Mr. Canada. The key issue is whether Mr. Canada passed an oral examination necessary to secure the promotion. Union Electric’s evidence is that he did not. We hold that the plaintiff submitted sufficient evidence to the contrary to create a genuine issue, and we therefore reverse the judgment of dismissal and remand for further proceedings.

I.

Mr. Canada was hired by Union Electric in 1989 as a janitor. He was later promoted to the position of porter. While working as a porter, Mr. Canada bid on open positions as a gardener in the company’s forestry department. To become a gardener, an applicant must have a high-school diploma or its equivalent; three years’ experience in landscaping and planting work; a thorough knowledge of lawn care, gardening, planting, and landscaping; and good physical strength and endurance. Once supervisors in the forestry department have determined that a bidder is ’ eligible, a test is given to determine whether he or she has the requisite knowledge of lawn care, gardening, planting, and landscaping. The test was originally written, but was later changed to an oral examination, and was later still returned to its original, written format. If the bidder passes the test, he or she is offered the position.

Mr. Canada sought a gardener position in 1989, 1994, 1995, and 1996. On each occasion, supervisors in the forestry department deemed Mr. Canada eligible to take the test. He took oral tests in 1989 and 1994 and written tests in 1995 and 1996. He was informed each time that he failed the examination. In 1994, Mr. Canada filed a grievance with his local union. Later that year, he filed a complaint with the Equal Employment Opportunity Commission (EEOC) and the City of St. Louis Civil Rights Enforcement Agency, alleging that the examinations had been used by the company to discriminate against him because of his race. Both agencies investigated the charge and found no discrimination. The EEOC issued a right-to-sue letter, and Mr. Canada filed this case in a state court in 1995. Union Electric removed the ease to the District Court. Following discovery, Union Electric filed a motion for summary judgment. The District Court held there were no genuine issues of material fact and granted summary judgment in Union Electric’s favor.

II.

We review a grant of summary judgment de novo. Stevens v. St. Louis University Medical Center, 97 F.3d 268, 270 (8th Cir.1996). Summary judgment is appropriate when the record reveals that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Roxas v. Presentation College, 90 F.3d 310, 315 (8th Cir.1996). In passing on a motion for summary judgment, the court must review the facts in a light most favorable to the party opposing the motion and give that party the benefit of any [1213]*1213inferences that logically can be drawn from those facts. Buller v. Buechler, 706 F.2d 844, 846 (8th Cir.1983). The party opposing the motion for summary judgment should then set forth specific facts in the record sufficient to raise a genuine material issue for trial. See Ruby v. Springfield R-12 Public School District, 76 F.3d 909, 911 (8th Cir.1996). In the present case, plaintiff did not file any opposition to defendant’s motion for summary judgment, but we believe, nevertheless, that the District Court was correct in not treating this non-response as itself sufficient to dispose of the motion. When a motion would be dispositive of the merits of the cause if granted, courts should normally not treat a failure to respond to the motion as conclusive. They should, instead, as the District Court did here, proceed to examine those portions of the record properly before them and decide for themselves whether the motion is well taken. In the present case, defendant’s motion for summary judgment was accompanied by certain portions of the record, which the District Court examined. On appeal, we limit our examination to those same portions of the record, not taking into account other parts of the record that plaintiff now, belatedly, calls to our attention.

III.

We have recently had occasion to re-state the standards for determining whether there is sufficient evidence to create a triable issue of fact in employment-discrimination cases. In Maschka v. Genuine Parts Co., 122 F.3d 566 (8th Cir.1997), we said:

We recently considered the precise contours of this issue in our en banc decision, Ryther v. KARE 11, 108 F.3d 832 (8th Cir.), cert. denied, — U.S.-, 117 S.Ct. 2510, 138 L.Ed.2d 1013 (1997). The holding of that case may be summarized as follows: if a prima facie case is made, and if the plaintiff offers evidence tending to show that the defendant’s proffered reasons for its decisions were not the real reason, then the jury may decide the case, unless the “evidence of pretext ... is, standing alone, inconsistent with a reasonable inference of age discrimination.” Id. at 837_ Once an age-discrimination plaintiff has done as much as [this], a jury may (but need not) find for him. See St. Mary’s Honor Center v. Hicks, 509 U.S. 502, 511, 113 S.Ct. 2742, 2749, 125 L.Ed.2d 407 (1993). (“[Rejection of the defendant’s proffered reasons will permit the trier of fact to infer the ultimate fact of intentional discrimination, and ... ‘no additional proof of discrimination is required’” (footnote and citation omitted)) (emphasis added).

122 F.3d at 571. We now apply this standard to the ease before us.1

IV.

We first consider whether Mr. Canada made a prima facie ease. In order to make such a ease in failure-to-promote situations, a plaintiff must show that (1) he is a member of a protected group; (2) he was qualified and applied for a promotion to an available position; (3) he was rejected; and (4) similarly situated employees, not part of the protected group, were promoted instead. Plaintiff has shown the first, third, and fourth requirements from this list. Defendant disputes whether plaintiff was qualified (not whether he applied), but the question of his qualifications is precisely the same, in factual terms, as the issue raised by defendant’s proffered justification: that is, that Mr. Canada did not pass the test. The case before us, therefore, comes down to this: was there a genuine issue of material fact as to whether Mr. Canada passed the test?

Plaintiff does not dispute the assertion that he failed the written tests given in 1995 and 1996.

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135 F.3d 1211, 1997 U.S. App. LEXIS 30798, 72 Empl. Prac. Dec. (CCH) 45,068, 81 Fair Empl. Prac. Cas. (BNA) 677, 1997 WL 693820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lafayette-canada-v-union-electric-company-ca8-1997.