Parks v. Secretary Defense

119 F. App'x 382
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 5, 2005
Docket04-1178
StatusUnpublished
Cited by4 cases

This text of 119 F. App'x 382 (Parks v. Secretary Defense) 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
Parks v. Secretary Defense, 119 F. App'x 382 (3d Cir. 2005).

Opinion

OPINION OF THE COURT

MAGILL, Senior Circuit Judge.

Diane Mallow Parks appeals the district court’s grant of summary judgment to Donald Rumsfeld, in his official capacity as Secretary of the United States Department of Defense, on her claims of sex and age discrimination in violation of Title VII *383 of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, and the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634. Our jurisdiction over this appeal is pursuant to 28 U.S.C. § 1291. For the reasons stated below, we will affirm.

I.

In January 2001, the Defense Logistics Agency posted a job announcement for a GS-13 Supervisory General Engineer. The then-holder of the position, Frank Sullivan, interviewed three applicants who had been determined to be qualified for the job: Parks, a 40-year-old female civil engineer; Rob Montefour, a 34-year-old male electrical engineer; and George Kruger, a 52-year-old male architect. After interviewing the candidates, Sullivan found that Parks had the most management training, that all three were relatively equal in experience, but that Montefour’s leadership and management skills were superior. Sullivan determined that Montefour and Parks were very close, which led to the decision “boil[ing] into personality and the ability to deal with a staff to get the job done.” App. at 377. Because of this, Sullivan determined that Montefour had the best mix of professional qualifications and management skills (despite Parks’ greater management training) and thus promoted Montefour.

Parks then filed suit claiming that the hiring of Montefour over her was based on sex and/or age discrimination. Specifically, Parks contended that Sullivan’s reliance on “personality” was a code word for age or sex discrimination and that she is in all measures objectively more qualified due to longer tenure and more management training. Rumsfeld moved for summary judgment, and the district court granted the motion. This appeal follows.

II.

This Court reviews a grant of summary judgment de novo. Mercy Catholic Med. Ctr. v. Thompson, 380 F.3d 142, 151 (3d Cir.2004). Summary judgment is appropriate when the evidence, viewed in a light most favorable to the non-moving party, demonstrates that there is no genuine issue of material fact, and that the moving party is entitled to judgment as a matter of law. Big Apple BMW, Inc. v. BMW of N. Am., Inc., 974 F.2d 1358, 1363 (3d Cir.1992). If the movant can show that there is no issue as to any material fact, the non-movant must “set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

III.

McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), sets forth the burden-shifting framework for Title VII and ADEA claims. First, the plaintiff must develop a prima facie case. Shaner v. Synthes, 204 F.3d 494, 500 (3d Cir.2000). Second, if the plaintiff proffers such a case, the burden shifts to the defendant to “ ‘articulate some legitimate, nondiscriminatory reason’ ” for the employment decision in question. Id. (quoting McDonnell Douglas, 411 U.S. at 802). Third, upon the showing of a nondiscriminatory reason, the plaintiff must show the offered reason was a pretext for discrimination. Id. The parties assumed that Parks could make out a prima facie case, and that the contention that “personality” was the determining factor is a nondiscriminatory reason for the hiring. This case, therefore, turns on the third stage— pretext.

This Court has recognized two ways in which a plaintiff can prove pretext. First, the plaintiff can present evidence that *384 “casts sufficient doubt upon each of the legitimate reasons proffered by the defendant so that a factfinder could reasonably conclude that each reason was a fabrication.” Fuentes v. Perskie, 32 F.3d 759, 762 (3d Cir.1994). Second, and alternatively, the plaintiff can provide evidence that “allows the factfinder to infer that discrimination was more likely than not a motivating or determinative cause of the adverse employment action.” Id.

Under the first prong — creating sufficient doubt as to the proffered rationale— this Court has explained that it is not enough to show that the employment decision was incorrect because the intelligence of the employer is not the issue. Keller v. Orix Credit Alliance, Inc., 130 F.3d 1101, 1108 (3d Cir.1997) (en banc). “Rather, the nonmoving plaintiff must demonstrate such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer’s proffered legitimate reasons for its actions that a reasonable fact-finder could rationally find them unworthy of credence.” Id. at 1108-09. “In simpler terms, [the plaintiff] must show, not merely that the employer’s proffered reason was wrong, but that it was so plainly wrong that it cannot have been the employer’s real reason.” Id. at 1109. This is a stringent standard for plaintiffs because “ ‘federal courts are not arbitral boards ruling on the strength of [the employment decision]. The question is not whether the employer made the best, or even a sound, business decision; it is whether the real reason is [discrimination].’ ” Id. (quoting Carson v. Bethlehem Steel Corp., 82 F.3d 157, 159 (7th Cir.1996)).

The bulk of Parks’ argument revolves around her contention that she is a superi- or candidate because of her supervisory training. In particular, Parks seizes on a statement made by Sullivan that Parks was “first in the management category” and the proposition that because this was a management position, it is inconceivable that Sullivan could have chosen someone else over her absent age or sex discrimination. Such reasoning is not, however, persuasive.

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Cite This Page — Counsel Stack

Bluebook (online)
119 F. App'x 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-v-secretary-defense-ca3-2005.