Monticello Austin v. Progressive RSC, Inc.

265 F. App'x 836
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 19, 2008
Docket07-12242
StatusUnpublished
Cited by3 cases

This text of 265 F. App'x 836 (Monticello Austin v. Progressive RSC, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monticello Austin v. Progressive RSC, Inc., 265 F. App'x 836 (11th Cir. 2008).

Opinion

PER CURIAM:

Monticello Austin appeals the district court’s grant of summary judgment in favor of Progressive RSC (“Progressive”) as to his employment discrimination claims brought pursuant to 42 U.S.C. § 1981 and the Florida Civil Rights Act (“FCRA”), Fla. Stat. Ann. §§ 760.01-760.11. Austin argues that the district court erred in finding that he had failed to establish a prima facie case of discrimination and in alternatively finding that he had failed to raise a genuine issue of material fact as to whether Progressive’s legitimate, nondiseriminatory reasons for not promoting him might be pretextual. We AFFIRM.

I. BACKGROUND

Austin, a black male proceeding through counsel, is employed by Progressive, a property and casualty insurance company with over 27,000 employees nationwide. He was hired in 1997 as a Client Server Operations Analyst (“CSOA”) II at the Riverview, Florida facility to work as part of the IT Business Group’s Enterprise Technology Call Center Desktop Support Group. His work unit consisted of about 11 employees who provide technical computer support of employees at Progressive’s Sales and Service call center in Riverview. Austin was hired by Al Vitello, the IT Manager at the time, and, since 1998, has worked for IT Managers Eric Gruhn, Eric Wilson, Brian Clapper, and Javier Vinces. Each of these IT Managers reported to Perry Hubert at Progressive’s Austin, Texas facility. The work unit is currently divided into three separate areas: Problem Management (trouble ticket resolution), where Austin works under Team Lead Dave Peck; Asset Management (computer configuration and asset control), where Bill Honecker is Team Lead; and Infrastructure (server and telecom equipment maintenance). There are also call center support units in Phoenix, Sacramento, Colorado Springs, Cleveland, and Austin, each with its own IT Manager.

Austin initially filed his complaint against Progressive in Florida state court. He sought compensatory damages, including lost pay, and an injunction ordering Progressive to promote him to the position of Client Server Operations Analyst (“CSOA”) III. He alleged that when he had been hired as a CSOA II, he had been *838 promised that he would be promoted to the position of CSOA III within the year. Austin further alleged that he had made repeated requests for the promised promotion from 1999 through 2005, but had been refused. According to Austin, he was the only black employee in his work unit, and his race was a determining factor in Progressive’s decision not to promote him. Austin also alleged that he had been the only employee in his work unit not to have received a salary grade increase. 1

The parties do not dispute that a promotion from CSOA II to CSOA III requires an employee to demonstrate to the satisfaction of his or her manager consistent performance of level III work in the course of daily duties. The levels of performance associated with each job level are set forth in a Job Skills Matrix which Progressive has used since the early 1990s in evaluating employees for progression or promotion. 2

Some of the skills an IT Manager looks for in evaluating a CSOA II for promotion are: the ability to create work instructions and procedures for lower level technicians; the ability to accept feed back and coaching from senior managers; the ability to handle multiple projects at one time; and a demonstrated ability “to enthusiastically complete the job at the highest standard, beyond just the acceptable limits.” RExh. 25-8 H 5-6; Id. 25-7 at 23. An employee seeking promotion to CSOA III must also demonstrate strong troubleshooting skills, effective communication and leadership skills, and established expertise within the group for a particular business process. According to Progressive, an employee will not be promoted unless that employee’s work unit has a business need for a CSOA III. 3 More specifically, “a determination has to be made that the technical support requirements of the facility and the needs of the team in place at the facility justify the hiring or promotion of an individual to the next level.” R-Exh. 25-2 1f 7; Id. 25-3 at 22-25; Id. 25-8 H 7. In determining business need, Progressive considers technical support problems handled by the technician employee at the facility, the technical expertise of other employees in the work unit, and whether the employee has invested the time to evaluate, analyze and improve upon team processes so as to create a need for someone at the next level. Once the IT Manager and employee agree that the employee is performing at the relevant level, and management has determined that the facility has a business need *839 for an employee at that level, then the IT Manager may recommend the employee for promotion. In Austin’s case, such a recommendation would have been made to Perry Hubert.

From 1998 through the time Austin filed his claims, no employee at Riverview has been designated CSOA III. Five promotions from CSOA I to II, and the promotion of Vinces from CSOA IV to IT Manager were the only promotions made. Austin alleges that he is the only member of his unit not to have been promoted a level. However, neither Bill Honecker (CSOA IV) or Derick Sookhoo (CSOA V), each of whom is currently employed in that unit, has been promoted either. David Peck (CSOA IV), although he was promoted while working at Progressive’s Cleveland facility, has not been promoted since coming to Riverview.

Progressive’s Human Resources Consultant for the IT Business Group, Darren Reed, testified that his first contact with Austin had been in January 2004, in connection with Austin’s complaint that he had not been promoted due to his race. Reed had informed Austin that no promotions to Level III had occurred in Riverview’s ETG group, noted that Austin had not completed a Matrix, and determined that there had been no discrimination. He also investigated Austin’s subsequent internal complaint of discrimination and approximately 30 calls over thé next two years and found each to be wanting. In investigating the initial complaint, Reed had reviewed Austin’s performance evaluations, spoken with his supervisor, and found that Austin had not merited promotion because he had performed below expectations or merely met expectations, instead of exceeding them. Beginning in 1997, Austin had received several negative performance reviews from different supervisors. Although Austin’s job had been reclassified in July 2002 as a PC Technician position because of changes in federal regulations, the jobs of sixteen other employees (15 white and 1 African-American) had also been reclassified, Austin had been paid retroactive overtime and had suffered no loss of salary, and Austin was placed in another CSOA II position by June 2005 (6 months after his request for that action). According to Reed, Austin filed two charges of race discrimination with the EEOC based on the reclassification and failure to promote, each of which resulted in a “No-Cause” determination. R-Exh. 25-2 1JU 24-25.

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Bluebook (online)
265 F. App'x 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monticello-austin-v-progressive-rsc-inc-ca11-2008.