Malloy v. Lee County

694 F. Supp. 851, 1988 U.S. Dist. LEXIS 10211, 48 Empl. Prac. Dec. (CCH) 38,583, 48 Fair Empl. Prac. Cas. (BNA) 532, 1988 WL 94051
CourtDistrict Court, M.D. Florida
DecidedSeptember 7, 1988
DocketNo. 87-83-CIV-FTM-17(C)
StatusPublished
Cited by2 cases

This text of 694 F. Supp. 851 (Malloy v. Lee County) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Malloy v. Lee County, 694 F. Supp. 851, 1988 U.S. Dist. LEXIS 10211, 48 Empl. Prac. Dec. (CCH) 38,583, 48 Fair Empl. Prac. Cas. (BNA) 532, 1988 WL 94051 (M.D. Fla. 1988).

Opinion

ORDER ON MOTION FOR SUMMARY JUDGMENT

KOVACHEVICH, District Judge.

This cause is before the Court on Defendant’s motion for summary judgment, Plaintiff’s motion for partial summary judgment, and responses.

In 1985, Plaintiff applied for a position with Defendant titled “Training and Staff Development Coordinator (Personnel Management Analyst II).” Defendant received approximately one hundred applications for the available position. Defendant’s Director of Human Resources, Joseph Flint, delegated to George Bradley the responsibility for reviewing the applications. Forty-nine of the applicants were considered to meet the minimal qualifications, and Plaintiff was one of these applicants. Mr. Bradley selected five candidates to be interviewed; Plaintiff was not among them. Mr. Flint interviewed the five candidates recommended by Mr. Bradley, three males and two females, and never again examined the qualifications of the other [852]*852applicants, including Plaintiff. A white male was selected for the position and hired.

This circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue as to any material fact when all the evidence is viewed in the light most favorable to the nonmoving party. Sweat v. The Miller Brewing Co., 708 F.2d 655 (11th Cir.1983). All doubt as to the existence of a genuine issue of material fact must be resolved against the moving party. Hayden v. First National Bank of Mt. Pleasant, 595 F.2d 994, 996-7 (5th Cir.1979), quoting Gross v. Southern Railroad Co., 414 F.2d 292 (5th Cir.1969). Factual disputes preclude summary judgment.

The Supreme Court of the United States held, in Celotex Cory. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986),

In our view the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. Id. 477 U.S. at 322, 106 S.Ct. at 2552, at 273.

The Court also said, “Rule 56(e) therefore requires that nonmoving party to go beyond the pleadings and by her own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing there is a genuine issue for trial.’ ” Celotex Cory., 477 U.S. at p. 324, 106 S.Ct. at p. 2553, at p. 274. The Court is satisfied that no factual dispute remains which precludes summary judgment.

In McDonnell Douglas Cory. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), the Supreme Court described a typical model that would establish a prima facie case of discriminatory treatment. Plaintiff must show: 1) That he belongs to a racial minority; 2) That he applied and was qualified for a job for which the employer was seeking applicants; 3) That, despite his qualifications, he was rejected; and 4) That, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant’s qualifications. The formula is not inflexible but must be applied in light of the specific case under adjudication. Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). The burden then shifts to the employer to explain clearly the nondiscriminatory reasons for its actions. The employer is required to frame the factual issue with sufficient clarity so that the Plaintiff will have a full and fair opportunity to demonstrate pretext. That is, Plaintiff must demonstrate that the proffered reason was not the true reason for the employment decision. Texas Dept., suyra, 450 U.S. at 256, 101 S.Ct. at 1095, at 217. Plaintiff may succeed by persuading the Court that a discriminatory reason more likely motivated the employer, or indirectly by showing the employer’s proffered explanation is unworthy of credence. McDonnell Douglas Corporation v. Green, 411 U.S. 792, 804-5, 93 S.Ct. 1817, 1825-26, 36 L.Ed.2d 668 (1973).

Plaintiff has attempted to modify the McDonnell Douglas test. Plaintiff argues that “[wjhere a position does not remain open, but a male is ultimately selected, a prima facie case is made.” Thorne v. City of El Segundo, 726 F.2d 459 (9th Cir.1983). The Court does not agree that Thorne modifies the test. Under that theory, whenever a male is hired instead of a female, the female would have a prima facie case of sex discrimination, assuming both male and female meet the job qualifications. The Court believes that it is critical that the test be applied the way the Supreme Court formulated it: After rejection, the yosition remains oyen, and the emyloyer continues to seek ayylicants from yersons of comylainant’s qualifications.

In Thorne, the facts fit the classic McDonnell Douglas test. Deborah Thorne was a member of a group protected by Title VII. She applied for a position as a police officer with the City of El Segundo. She was rated qualified on all applicable [853]*853tests. She submitted to a polygraph, and there was no indication that her answers were false. However, Thorne was rejected for the position, and a male was ultimately hired. The Ninth Circuit Court of Appeals set aside as clearly erroneous the District Court’s finding that Thorne was not qualified. Thome at 464. Under those facts, each element of the McDonnell Douglas test was met. As the Supreme Court has stated:

The burden of establishing a prima facie case of disparate treatment is not onerous. The plaintiff must prove by a preponderance of the evidence that she applied for an available position for which she was qualified, but was rejected under circumstances which give rise to an inference of unlawful discrimination. The prima facie case serves an important function in the litigation: it eliminates the most common nondiscriminatory reasons for the plaintiffs rejection.

Texas Dept. of Community Affairs vs. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 1095, 67 L.Ed.2d 207 (1981) (citations omitted).

The facts of the case at bar do not meet the requirements of the McDonnell Douglas test. Both parties admit that Plaintiff is a member of a minority, and both parties agree that Plaintiff meets the minimum qualifications for the job. Plaintiff was not selected for personal interview, and a male applicant who was personally interviewed was hired.

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Related

Philon v. Rice
758 F. Supp. 724 (M.D. Georgia, 1991)
Malloy v. Lee County
876 F.2d 899 (Eleventh Circuit, 1989)

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694 F. Supp. 851, 1988 U.S. Dist. LEXIS 10211, 48 Empl. Prac. Dec. (CCH) 38,583, 48 Fair Empl. Prac. Cas. (BNA) 532, 1988 WL 94051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malloy-v-lee-county-flmd-1988.