Prince Johnson v. Thomas Perez

823 F.3d 701, 422 U.S. App. D.C. 385, 2016 U.S. App. LEXIS 9229, 100 Empl. Prac. Dec. (CCH) 45,559, 129 Fair Empl. Prac. Cas. (BNA) 237, 2016 WL 2941965
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 20, 2016
Docket15-5034
StatusPublished
Cited by113 cases

This text of 823 F.3d 701 (Prince Johnson v. Thomas Perez) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prince Johnson v. Thomas Perez, 823 F.3d 701, 422 U.S. App. D.C. 385, 2016 U.S. App. LEXIS 9229, 100 Empl. Prac. Dec. (CCH) 45,559, 129 Fair Empl. Prac. Cas. (BNA) 237, 2016 WL 2941965 (D.C. Cir. 2016).

Opinion

Opinion for the Court filed by Circuit Judge PILLARD.

PILLARD, Circuit Judge:

Prince Johnson, an African American temporary employee of the U.S. Department of Labor, sued the Department, claiming that it dismissed him from his position as a Veterans Employment Specialist because of his race in violation of Title VII. The district court saw grounds to doubt the Department’s stated justifications for Johnson’s dismissal, but granted summary judgment to the Department for want of evidence of racial discrimination. We affirm on the slightly different ground that, on the evidentiary record, no reasonable juror could find that the Department’s stated, nondiscriminatory reasons for disv missing Johnson were not its real reasons.

I.

In April 2006, the Department of Labor hired Johnson as a Veterans Employment Specialist within the Veterans Employment and Training Services (VETS) division. 1 The Director of Operations and Programs, Gordon Burke, recruited Johnson, a former Army Captain, and hired him into a noncompetitive position for qualified veterans with service-related disabilities. See 5 U.S.C. § 3112; 5 C.F.R. § 316.402(b)(4). The post was a temporary one with a possibility of permanent employment. 5 U.S.C. § 3112; 5 C.F.R. *704 § 316.402(b)(4). Pamela Langley, the Division Chief of the Employment and Training Programs Division within VETS, also interviewed Johnson and reviewed his application. Langley then became Johnson’s direct supervisor. Director Burke, like Johnson, is African American, and Division Chief Langley is white.

Johnson’s career at VETS was short lived. He held the position on a temporary basis, with an extension, for approximately six months before Director Burke terminated his appointment. To Johnson, the new job was a frustrating disappointment. Johnson testified at his deposition that he had assumed he would be given adequate time and training to learn the skills the position required; instead, he felt, he was “set up to fail.” J.A. 192. His supervisors struck him as unfriendly and unreeeptive. Johnson’s coworkers told a similar story: They told Johnson or averred in connection with discovery in this ease that they observed supervisors talk down to Johnson, yell at him, and call him “stupid” or “useless.” J.A. 293, 298. One co-worker found Division Chief Langley “demeaning” in her interactions with Johnson, J.A. 45, another described a general attitude of disrespect toward minority employees within the office, and another observed instances in which Langley or Patrick Hecker, the VETS “Jobs for Veterans” State Grants Lead and a white male, yelled at Johnson.

Johnson’s primary responsibility was to assist Hecker to create and update spreadsheets tracking information in the “Jobs for Veterans” grants program that VETS administered. He also worked with Ed Davin, a Performance Specialist on contract to VETS. Burke, Langley, Hecker, and Davin all perceived Johnson as struggling to complete the tasks assigned to him. According to their accounts, they clarified what was expected, identified specific deficiencies, and explained how he could correct them. They authorized Johnson to spend some time at a VETS State Local Office in Maryland to learn more about how the program worked in practice, and they arranged for VETS to sponsor Johnson for training to upgrade his relevant skills. In the face of some disagreement from Johnson about which courses would be most appropriate, the supervisors authorized him to take an Excel training course and sent him to a training conference in Chicago.

Despite what management characterized as efforts to make Johnson’s employment work out, in October 2006, Division Chief Langley recommended to Director Burke that Johnson’s probationary appointment be terminated. As Langley recounts the situation, her own observations of Johnson’s work and the reports of his direct supervisors persuaded her that he should not remain in the position. Langley notified Johnson that she was going to recommend termination of his employment at VETS for failure to perform satisfactorily and for his “unacceptable attitude” when advised of errors in his work product. J.A. 221. Burke agreed with Langley’s recommendation. He recounted that he terminated Johnson “based on [his] own dissatisfaction with [Johnson’s] argumentative demeanor and his reported lack of performance and argumentative character.” J.A. 207. In the Termination Memorandum Burke issued to Johnson, he outlined the requirements of Johnson’s position and then listed the ways in which Johnson’s performance had been deficient: He had “not completed satisfactorily” the projects he had been assigned and had shown an “argumentative response and demeanor” when confronted with his poor work. J.A. 473.

After exhausting his administrative remedies, Johnson brought suit in district *705 court, alleging that he was subjected to a hostile work environment based on his race, and that his termination was racially discriminatory in violation of Title VII. Following discovery, the district court granted summary judgment to the government on both claims. Johnson v. Perez, 66 F.Supp.3d 30, 45-46 (D.D.C.2014). The Department moved this court for summary affirmance. The court granted the Department’s motion in part, affirming judgment on the hostile work environment claim on the ground that, as a matter of law, the incidents Johnson identified in support of that claim “were not ‘sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.’ ” Johnson v. Perez, No. 15-5034, 2015 WL 5210265 (D.C.Cir. July 1, 2015) (per curiam) (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993)). The panel denied summary affirmance as to the discriminatory discharge claim, id., which was then calendared for full briefing and argument to this panel.

II.

We review a district court’s grant of summary judgment de novo. Calhoun v. Johnson, 632 F.3d 1259, 1261 (D.C.Cir.2011). By the time a party files a summary judgment motion, all parties should have had the opportunity to investigate the case thoroughly and should have done so. In making or opposing a summary judgment motion, a party may no longer rely on the hope of new testimony or additional documents other than what it put before the court. Each party’s hand is dealt. The task of the court is to review the factual material the parties present in support of and opposition to the motion, in light of the parties’ legal claims and defenses, and assess whether the record contains disputes calling for resolution by a factfinder. In considering a motion for summary judgment, the court views the evidence in the light most favorable to the nonmoving party (here, Johnson) and draws all reasonable inferences in his favor. Id.

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823 F.3d 701, 422 U.S. App. D.C. 385, 2016 U.S. App. LEXIS 9229, 100 Empl. Prac. Dec. (CCH) 45,559, 129 Fair Empl. Prac. Cas. (BNA) 237, 2016 WL 2941965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prince-johnson-v-thomas-perez-cadc-2016.