Mmubango, Omar v. Leavitt, Michael

225 F. App'x 393
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 1, 2007
Docket06-2436
StatusUnpublished
Cited by1 cases

This text of 225 F. App'x 393 (Mmubango, Omar v. Leavitt, Michael) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mmubango, Omar v. Leavitt, Michael, 225 F. App'x 393 (7th Cir. 2007).

Opinion

ORDER

Omar Mmubango applied and interviewed for a position as a chemist with the Chicago regional office of the United States Environmental Protection Agency (“EPA”), but he was not selected for the job. Mmubango brought suit against the EPA Administrator, alleging that he was not hired because of his race and 'national origin, and that EPA retaliated against him, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The district court granted summary judgment to EPA because Mmubango failed to show that EPA’s stated nondiscriminatory reasons for not hiring him— namely his poor written communication skills and his misrepresentation about the reason for leaving his prior employment— were pretextual. We affirm.

Mmubango submitted an application to EPA in response to a vacancy announcement for a chemist position in the Chicago regional office. Among other basic requirements, the job announcement specified that candidates have a science or engineering degree that included 30 semester hours in chemistry and 6 semester hours of physics, or a combination of education and experience, including coursework equivalent to that specified above plus appropriate experience or additional education. In addition, the job required one year of specialized experience. The job announcement specified that applications would be assessed based on various knowledge, skills, and abilities, including the “[ajbility to communicate effectively, both orally and in writing.”

The U.S. Office of Personnel Management provided George Hamper — a Section Chief in the Enforcement and Compliance Assurance Branch of EPA’s Waste, Pesticides and Toxics Division — with a list of the qualified applicants and them applications, and instructed him to select one of the top three candidates. Mmubango, a native of Kenya who is black, was ranked first, followed by Dr. John Parks and Thomas Schuster, respectively (both white citizens born in the United States). Hamper interviewed all three candidates.

Mmubango’s application consisted of a three-page resume that contained numerous misspellings and grammatical errors. In addition to describing generally his educational and employment history, the resume specified that Mmubango attended high school in Kenya and has United States citizenship. Shortly after interviewing Mmubango, Hamper contacted Bob Dullinger, Mmubango’s prior supervisor at the Minnesota Pollution Control Agency (“MPCA”). Dullinger stated that he did not certify Mmubango for employment beyond MPCA’s six-month probationary period, but that he could not provide further information because Mmubango filed two lawsuits over the matter, one of which was not yet resolved. This was inconsistent with Mmu-bango’s assertion that he left MPCA because he planned to return to school and did not want to be a state government employee subject to six months’ probation.

One week after interviewing Mmubango, Hamper wrote a “file memorandum” stating that he found Mmubango’s resume to be “incomplete, unclear, and poorly written in general,” and that it had “13 spelling mistakes as well as numerous grammar, punctuation and capitalization errors.” *395 The memorandum also noted that Mmu-bango’s resume did not make clear that he was employed in temporary positions through an employment agency, incorrectly named a prior government employer, and omitted the names of supervisors, including Dullinger. Finally, the memorandum noted that Hamper’s conversation with Dullinger raised concerns that Mmu-bango had not been entirely forthright about the circumstances behind his departure from MPCA. In the end, Hamper hired Parks, the second-ranked candidate, for the chemist position.

After the EEOC issued a right-to-sue letter, Mmubango sued EPA in federal court for unlawfully discriminating against him based on his race and national origin and for retaliating against him for filing a discrimination lawsuit against his prior employer, MPCA. The district court granted EPA’s motion for summary judgment, determining that, although Mmu-bango established a prima facie case of race and national origin discrimination, he failed to show that EPA’s legitimate, nondiscriminatory reasons for not hiring him were pretextual. Specifically, the court found that Parks (the candidate who was hired) had a Ph.D. in chemistry, whereas Mmubango had not yet earned his B.S. in chemistry, and that Parks’s application was easier to read and contained fewer errors than Mmubango’s resume. Thus, the court concluded, Hamper could have genuinely believed that Parks was the better candidate for the job. The court also concluded that Mmubango presented no evidence that EPA’s decision not to hire him was retaliation for his pending lawsuit against MPCA.

On appeal, Mmubango challenges the district court’s determination that he failed to show that EPA’s decision not to hire him was a pretext for race and national origin discrimination and retaliation for filing a discrimination claim against his prior employer. He presents numerous arguments, none of them meritorious.

Mmubango first argues that he established pretext based on alleged flaws in the hiring process. Specifically, he contends that EPA’s justification for not hiring him is belied by the fact that Hamper (1) contradicted himself concerning the adequacy of Mmubango’s oral communication skills; (2) did not question Mmubango or Dullinger about Mmubango’s writing skills; and (3) did not write a memorandum explaining his decision not to hire the other candidate who was not selected.

The focus of a pretext analysis is whether the employer honestly believed its stated reason for making the challenged employment decision. See Hague v. Thompson Distrib. Co., 436 F.3d 816, 823 (7th Cir.2006). Pretext is not a mere “business error” but rather “a lie or deceit designed to cover one’s tracks.” Cardoso v. Robert Bosch Corp., 427 F.3d 429, 435 (7th Cir.2005). Here, even if true, none of Mmubango’s allegations shows that Hamper was insincere in his belief that Mmu-bango was less qualified for the position based on his poorly written resume, which Hamper found to be riddled with misspellings, grammatical errors, omissions, and confusing and misleading statements.

Mmubango next argues generally that the district court erred because he was the better qualified candidate for the position. For example, he contends that his first-place ranking on OPM’s list of eligible candidates proves that he was the superior candidate. He also asserts that his effective writing skills are established by his error-free thank-you letter to Hamper and the fact that he utilized his writing skills effectively in previous jobs. Mmubango further argues that Parks had inferior employment and educational qualifications, although the record belies this *396 argument. Indeed, Mmubango fails to acknowledge that Parks had thirty years of relevant work experience, and he erroneously asserts that Parks was awarded a “doctorate in philosophy,” when Parks’s academic transcript shows that he received a Ph.D. in chemistry.

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225 F. App'x 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mmubango-omar-v-leavitt-michael-ca7-2007.