Maxwell v. Springer

274 F. App'x 186
CourtCourt of Appeals for the Third Circuit
DecidedApril 15, 2008
DocketNo. 06-4984
StatusPublished
Cited by1 cases

This text of 274 F. App'x 186 (Maxwell v. Springer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maxwell v. Springer, 274 F. App'x 186 (3d Cir. 2008).

Opinion

OPINION OF THE COURT

RODRIGUEZ, District Judge.

Craig R. Maxwell appeals from the District Court’s Memorandum Opinion and Order granting the motion of the Director of the United States Office of Personnel Management to dismiss Maxwell’s Complaint, or in the alternative for summary judgment on his employment discrimination case. The underlying Complaint alleged that Maxwell was not selected for a promotion because of his age and gender, in violation of the Age Discrimination in Employment Act (“ADEA”) and Title VII of the Civil Rights Act of 1964.2 For the [187]*187reasons below, we will affirm the District Court’s entry of summary judgment.

I.

Because we write solely for the parties, who are familiar with the facts and procedural history of the case, we will set forth only those facts necessary to our analysis.

Craig R. Maxwell is employed by the United States Office of Personnel Management (“OPM”) in Boyers, Pennsylvania. He was hired by the OPM in 1988, and in 1996 he was promoted to the GS-09 position of Legal Administrative Specialist (“LAS”). In 1999, while a GS-09, he contends that he performed GS-11 LAS duties in the annuity processing department. He received favorable performance evaluations,3 and was requested to be a subject matter expert, training others in annuity processing on various aspects of the LAS position.4 He was transferred from the Annuity Processing Section back to the Survivor Processing Section based on the fact that he was performing work above his pay grade in Annuity Processing.

In the fall of 2002, Maxwell applied, for the third time, for a Legal Administrative Specialist position in the Annuity Processing Section of the OPM. Although the position was another GS-09 job, it carried a career ladder promotion potential to GS-11. Maxwell has asserted that if he had been selected for the Annuity Processing Section position, he would have been eligible for immediate promotion to the GS-11 level because he had performed the functions of that vacant position for over a year. In January of 2003, Maxwell was informed that he had not been selected. He was forty-five years old at the time.5

The District Court determined that there was insufficient evidence in the record upon which a reasonable jury could return a verdict in Maxwell’s favor on the claims of age and gender discrimination. Accordingly, the court granted summary judgment.

II.

This Court has jurisdiction over appeals from all final decisions of the district courts pursuant to 28 U.S.C. § 1291. We review a grant of summary judgment de novo, applying the same test as the district court. MBIA Ins. Corp. v. Royal Indem. Co., 426 F.3d 204, 209 (3d Cir.2005). Summary judgment should be awarded only when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). All reasonable inferences must be made in favor of the non-[188]*188moving party, and the court may not weigh the evidence or assess credibility. Id.

III.

The task of the Court is not to second-guess employment decisions, but is instead to determine whether the employment decisions were motivated by an illegal discriminatory purpose. Ezold v. Wolf, Block, Schorr & Solis-Cohen, 983 F.2d 509, 525-27 (3d Cir.1992). To prove as much in the context of failure to hire or promote, a plaintiff ordinarily must show that he or she: (1) is a member of a protected class; (2) was qualified for the position sought; (3) was rejected despite being qualified; and, (4) under circumstances that raise an inference of discriminatory action, the employer continued to seek out individuals with qualifications similar to plaintiff to fill the position or treated more favorably those not in the protected class. Sarullo v. United States Postal Service, 352 F.3d 789, 797 (3d Cir.2003); Sempier v. Johnson & Higgins, 45 F.3d 724, 728 (3d Cir.1995). The analysis is somewhat modified in the context of reverse discrimination, in that the plaintiff must present sufficient evidence to allow a fact finder to conclude that the employer is treating some people less favorably than others under similar circumstances, based upon a trait that is protected under Title VII. See Iadimarco v. Runyon, 190 F.3d 151 (3d Cir.1999); Furnco Const. Corp. v. Waters, 438 U.S. 567, 577, 98 S.Ct. 2943, 57 L.Ed.2d 957 (1978) (“The central focus of the inquiry ... is always whether the employer is treating some people less favorably than others because of’ their race, religion, gender, age, etc.).

Once a plaintiff establishes a prima facie case of discrimination, the “burden of production shifts to the defendant to ‘articulate some legitimate, nondiscriminatory reason for the employee’s rejection.’ ” Fuentes v. Perskie, 32 F.3d 759, 763 (3d Cir.1994) (emphasis removed) (quoting McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)). The employer may satisfy this burden “by introducing evidence which, taken as true, would permit the conclusion that there was a nondiscriminatory reason for the unfavorable employment decision.” Fuentes, 32 F.3d at 763 (citing St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 509, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993)).

Once the employer meets this “relatively light burden,” “the burden of production rebounds to the plaintiff, who must now show by a preponderance of the evidence that the employer’s explanation is pretex-tual.” Fuentes, 32 F.3d at 763. A plaintiff may establish pretext directly, by persuading the court that a discriminatory reason more likely motivated the employer, or indirectly, by showing that the employer’s proffered reason is unworthy of credence. Ezold, 983 F.2d at 523.

That is, to defeat a motion for summary judgment, a plaintiff can show pretext by “pointing] to some evidence, direct or circumstantial, from which a fact finder could reasonably either (1) disbelieve the employer’s articulated legitimate reasons; or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer’s action.” Iadimarco,

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Bluebook (online)
274 F. App'x 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxwell-v-springer-ca3-2008.