Luta v. Delaware, Department of Health & Social Services

847 F. Supp. 2d 683, 2012 WL 692175, 2012 U.S. Dist. LEXIS 28317
District Court, D. Delaware·Decided March 5, 2012·No. Civ. No. 06-792-SLR·Published·Cited by 3 cases

Opinion

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

On December 28, 2006, Lucy Luta (“plaintiff’) filed suit against her employer, the Delaware Department of Health and Human Services (“defendant” or “DDHHS”), alleging employment discrimination. (D.I. 1) Specifically, she claims to have been discriminated on the basis of her race and national origin in violation of Title VII, 42 U.S.C. § 2000e et seq. (“Title VII”) and 42 U.S.C. § 1891 (“§ 1891”). The parties have engaged in discovery; currently before the court is defendant’s motion for summary judgment. (D.I. 35) The court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343. For the reasons discussed below, the court grants defendant’s motion.

II. BACKGROUND

Plaintiff was born in Kenya and received her medical degree from the University of Nairobi. (D.I. 40 at 27) She subsequently received a masters in public health from the University of Dundee in Scotland before returning to Nairobi to practice medicine. (Id. at 27-29) In 1999, plaintiff immigrated to the United States; she began working for defendant in 2000. (Id.) She was initially hired as a Public Health Treatment Administrator in charge of the Ryan White Program, a state HIV/AIDS treatment program. (Id.) Beginning in August of 2005, plaintiff applied for several available positions with defendant.1

A. The PHA II Health Statistics and Epidemiology Position

In August of 2005, a DDHHS employee, Dr. Leroy Hatcock (“Hateock”), stepped down from his Public Health Administrator (“PHA”) II position as head of the Health Statistics and Epidemiology division. (D.I. 37 at 1-7; D.I. 40 at 185-87) Dr. Paul Silverman (“Silverman”), a senior official at the DDHHS in charge of hiring and promotional decisions, decided, in the wake of Hatcock’s departure, to split Hat-cock’s former responsibilities in half and appoint Paula Eggers (“Eggers”) as the acting chief of epidemiology and Denise Welch (“Welch”) as the acting chief of health statistics. (D.I. 37 at 6) Later on, in November of 2005, in an attempt to fill [685] Hatcock’s former position, Silverman posted a vacancy announcement for a PHA II Health Statistics and Epidemiology position. (D.I. 40 at 61) Plaintiff applied. (D.I. 40 at 69) She (along with nine other candidates) was deemed qualified and placed on a certification list (i.e., a list of eligible candidates). (D.I. 37 at 7; D.I. 40 at 64) After review of the certification list, Silverman opted not to hire anyone for the position. (D.I. 37 at 7)

On August 21, 2006, a PHA I Epidemiology position was posted. (D.I. 40 at 84) While plaintiff suggests that this was the equivalent of the PHA II Health Statistics and Epidemiology position that had been previously posted, defendant claims this was a full time posting for the job to which Eggers was appointed. (D.I. 39 at 4; D.I. 36 at 11) Unlike the PHA II position, a masters degree was not required, and this allowed Eggers to apply. (D.I. 40 at 84) Plaintiff and Eggers both applied and made the certification list; neither was hired for the position. (D.I. 40 at 45)

The Health Statistics and Epidemiology PHA II position was re-posted on November 22, 2006. Again, plaintiff applied and made the certification list. (D.I. 37 at 21-22; D.I. 40 at 53) She was not hired for the position; the position went unfilled.

B. The PHA I HIV/AIDS Coordinator

In February of 2006, plaintiff applied for a PHA I position as the HIV/AIDS Coordinator, a position formerly held by her boss James Welch (‘Welch”). (D.I. 37 at 52; 173; D.I. 40 at 92) Plaintiff, along with John Kennedy (“Kennedy”), a Caucasian male, were two of the fifteen applicants placed on the certification list. (D.I. 37 at 60) Kennedy was a retired Air Force serviceman who had spent over twenty years in the Air Force’s Medical Service Corps. (D.I. 37 at 198-200)

A preferred candidate for the PHA I HIV/AIDS Coordinator position had experience with HIV/AIDS programs, but a candidate could be qualified without such experience. (D.I. 37 at 52) One of the minimum qualifications required was experience in management and administration since the position entailed managing approximately thirty individuals. (D.I. 37 at 53; 83) Plaintiff argues that she had more relevant HIV/AIDS experience than Kennedy; specifically, she emphasizes that she helped to develop HIV/AIDS treatment protocols and also managed treatment programs. (D.I. 39 at 6-8) (citing D.I. 40 at 42, 209-10) While Kennedy did not have experience treating HIV/AIDS, he had supervised and worked on HIV-related initiatives. (D.I. 37 at 187) With respect to management responsibilities, Kennedy had managed hospitals and clinics and supervised upwards of three hundred medical personnel. (D.I. 37 at 198-99); plaintiff had supervised five individuals in her work at the DDHHS. (D.I. 40 at 42) Plaintiff and Kennedy both interviewed for the position. It was ultimately offered to Kennedy, who accepted it.

C. Filing Suit

After defendant failed to hire plaintiff for any of these available positions, plaintiff filed a charge of racial and national origin discrimination with the Equal Employment Opportunity Commission (“EEOC”). (D.I. 1 at ¶ 7) On September 29, 2006, the EEOC issued plaintiff a right to sue letter. (Id. at ¶ 8) Plaintiff filed suit on December 28, 2006, making the same allegations.

III. STANDARD OF REVIEW

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Luta v. Delaware, Department of Health & Social Services, 847 F. Supp. 2d 683, 2012 WL 692175, 2012 U.S. Dist. LEXIS 28317 (D. Del. 2012).

847 F. Supp. 2d 683 (Luta v. Delaware, Department of Health & Social Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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