Sigall-Drakulich v. City of Columbus

156 F. App'x 791
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 14, 2005
Docket04-4380
StatusUnpublished

This text of 156 F. App'x 791 (Sigall-Drakulich v. City of Columbus) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sigall-Drakulich v. City of Columbus, 156 F. App'x 791 (6th Cir. 2005).

Opinion

*792 CLAY, Circuit Judge.

Plaintiff, Tonda Sigall-Drakulich, appeals the district court’s grant of summary judgment to Defendant City of Columbus on Plaintiffs Title VII and Ohio Revised Code Chapter 4112 claims. Plaintiff alleges that the City of Columbus intentionally discriminated against Plaintiff on the basis of Plaintiffs gender when the City failed to promote Plaintiff and instead promoted a male candidate into the available position. Because Plaintiff has failed to produce more than a scintilla of evidence that the City’s reason for Plaintiffs nonpromotion was pretextual, this Court affirms the district court’s grant of summary judgment in this case.

BACKGROUND

I. Procedural History

Plaintiff filed an action in United States District Court for the Southern District of Ohio on April 22, 2002 and amended her complaint on September 23, 2002. The amended complaint alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1983, Ohio Revised Code Chapter 4112, and state tort and civil conspiracy laws. The amended complaint named as defendants the City of Columbus and the City of Columbus Civil Service Commission, along with City of Columbus employees Barbara Gates McGrath, Chester Christie, and Michael Vance.

Defendants filed their answers to Plaintiffs complaint on February 4, 2003 and moved for summary judgment on March 5, 2004 on all claims. Plaintiff opposed the motions for dismissal only with respect to the Title VII and state law gender discrimination claims against the City of Columbus, Defendant in the appeal at bar. The district court granted Defendants’ motions for summary judgment in their entirety on August 11, 2004. Plaintiff timely filed her notice of appeal on September 8, 2004.

II. Substantive Facts

The facts revolve around the City of Columbus’s decision to create and fill a new position of citywide Occupational Safety and Health Manager (“Safety Manager”). The City first posted the position in May 1999, and as initially posted, the position had as minimum requirements two years experience managing an occupational safety and health program and certification either as a Safety Professional (CSP) or Industrial Hygienist (CIH).

A City of Columbus selection committee screened applicants for the position in late 1999. The selection panel consisted of Eugene Brundige, Chief Labor Negotiator and Deputy Director of Human Resources; A1 Skinner, Chief Steward for the American Federation of State, County and Municipal Employees Ohio Council (“AFSCME”); Mike Vance, President of the Columbus Municipal Association of Government Employees (“CMAGE”); and Laura Raica, Employee Benefits/Risk Manager. Brundige’s office had primary responsibility to fill the position. Mike Vance’s union represented City supervisory and managerial personnel. A1 Skinner’s union represented City nonsupervisory civilian employees, the largest contingent of City employees. Additional City of Columbus personnel participated in interviews of a subset of candidates, including Thomas Finnegan, an industrial hygienist. Eugene Brundige, as the Department of Human Resources representative, was charged with overseeing the reorganization of the City’s safety management program, including the hiring of the City Safety Manager.

Plaintiff applied for the position in September 1999. At the time, Plaintiff had 31 years of public sector experience, most of it in the safety and health fields, and the requisite CSP certification. Since 1993 *793 Plaintiff had held the position of Department Safety Coordinator in the City’s Department of Parks and Recreation. Plaintiff had designed and developed a number of occupational health and safety programs during her career, some of which received state-wide recognition. The employee ultimately offered the job by the City, Rick Brewer, also submitted his application for the position at this time, but did not make it past the initial review of resumes because he lacked one of the required certifications.

After an external candidate was offered and then declined the position, Plaintiff was one of three candidates given final interviews in with Carolyn Nellon, the City Director of Human Resources. The Director of Human Resources is the appointing authority for the Department, holding the sole authority to hire and promote employees within the Department of Human Resources, the department into which the successful candidate would ultimately be hired. No offers were extended at that time. A September 14, 2000 memorandum from the selection committee to the Director of Human Resources, detailing the selection process, notes that the committee declined to recommend any of the finalists for the position at the time — 1) Plaintiff, 2) Keith Nichols (another City employee), and 3) an external contender — due to deficiencies in the applicants’ “diplomacy and scope of experience, leadership skills exhibited in the present position, and relative inexperience, respectively.” (J.A. at 77.) 1

in January 2000 the then-Director of Human Resources, Carolyn Nellon, left her position and was replaced by Chester Christie in February 2000. Christie reports that Brundige informed him that the reorganization program was aimed at the civilian safety programs, that the effort was a cooperative one between the City and AFSCME, and that union support of the selected manager would be essential to the reorganization’s success. Christie also reports that Brundige shared a memorandum received from A1 Skinner, the AFSCME Chief Steward, that opined that neither Plaintiff nor the other City employee-applicant for the position, Keith Nichols, would be suitable as Safety Manager, and asked the City to continue the search process. 2

In early 2000, Christie learned that programming for occupational health and industrial hygiene was already being performed by the City Department of Health. In a subsequent conversation with Brundige about revising the position description to reflect the changed scope (eliminating occupational health and industrial hygiene from the position responsibilities), Christie also recalls that Brundige advised Christie that the position’s current minimum qualifications would impede the City’s ability to “attract individuals who could fulfill the needs of the position and that unless we expanded the pool of applicants we would have difficulty filling the position.” (J.A. at 102.) Accordingly, Christie directed Brundige to work with the City Civil Ser *794 vice Commission to revise the position scope and minimum qualifications.

In June 2000 the Civil Service Commission recommended a change to the position’s scope and minimum qualifications. The changes initially did away with the certification requirements in their entirety and replaced them with requirements for a bachelor’s degree and four years experience. The memorandum from the Civil Service Commission staff to its Commissioners recommending the qualifications change stated that:

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156 F. App'x 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sigall-drakulich-v-city-of-columbus-ca6-2005.