Smith v. Chester County Board of Education

218 F. Supp. 3d 619, 2016 WL 6459811, 2016 U.S. Dist. LEXIS 150409
CourtDistrict Court, W.D. Tennessee
DecidedOctober 31, 2016
DocketNo. 1:15-cv-01170-JDB-egb
StatusPublished
Cited by3 cases

This text of 218 F. Supp. 3d 619 (Smith v. Chester County Board of Education) is published on Counsel Stack Legal Research, covering District Court, W.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Chester County Board of Education, 218 F. Supp. 3d 619, 2016 WL 6459811, 2016 U.S. Dist. LEXIS 150409 (W.D. Tenn. 2016).

Opinion

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

J. DANIEL BREEN, CHIEF UNITED STATES DISTRICT JUDGE

Plaintiff, James E. Smith, brought this action against Defendant, the Chester County Board of Education (“CCBOE”),1 on July 15, 2015, alleging a violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. (D.E. 1.) Plaintiff claims that he was discriminated against based upon his age when he was not selected by the CCBOE for the position of automotive technology teacher. (D.E. 34-1 at 1.) Before the Court is Defendant’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. (D.E. 31.) Smith has responded to the motion, D.E. 34, and Defendant has filed a reply, D.E. 35, making the matter ripe for disposition. For the reasons discussed below, the Motion is DENIED.

I. BACKGROUND

The following facts are undisputed unless otherwise noted. In early January 2012, the CCBOE began seeking a new teaeher for Chester County High School’s automotive technology program. Harvey Rimmer, the “auto tech” teacher at the time, had recently announced that he would retire at the end of the 2011-2012 school year. On January 12, 2012, the Chester County Independent newspaper published an article describing the program and reporting on the upcoming vacancy. Plaintiff, a sixty-four-year-old resident of Chester County, read this article and decided to apply for the position.

Smith had previously worked for General Motors for thirty years, holding a variety of jobs, including assembly line worker, service engineer, warranty consultant, and area service manager. Plaintiff also had relevant formal education: an associate’s and a bachelor’s degree in automotive and heavy equipment repair. Since 2005, he only had been engaged in farming.

A. Plaintiffs Interactions with School Board Employees

On January 20, 2012, Smith went to the Board of Education office to apply for the teaching position. There he submitted his application and résumé, and briefly met [622]*622with Cherrie Pipkin, the Director of Schools for the CCBOE.2 Pipkin held the primary responsibility for deciding whom to hire. During this interview, Pipkin asked Plaintiff how much longer he planned to work. Plaintiff avers that Pip-kin prefaced this question by making note of his age, with the remark, “you’re 64, how much longer are you going to work[?]” (Smith Deposition (“Dep.”) at 24:12-16, D.E. 32-6.) Defendant denies that Pipkin explicitly mentioned Plaintiffs age during the interview. (D.E. 35 at 4; see Pipkin Dep. at 229-230, D.E. 32-1.) Smith also claims that he replied that he “was in perfect health, and ... would probably work until [his] eighties or nineties.”3 (Smith Dep. at 24:18-20, D.E. 32-6.)

Pipkin also suggested that Plaintiff sit in on Rimmer’s auto tech class. After the interview, he went to Chester County High School and observed one of the classes. There he also spoke with the principal, Ken Kilzer, about the job.

B. Other Candidates for the Position

In addition to Plaintiff, the Board considered two other candidates: James Carter and Michael Prather.4 Both were interviewed by Pipkin and Kilzer in April of 2012. Carter, who was forty-two years old, had originally approached Pipkin at a high school football game in the fall of 2011 to inform her that he was interested in the position. The two had known each other since Carter’s youth. He was a graduate of Chester County High School and had children in the school system. He had worked in the automotive industry since 1997.

At Pipkin’s suggestion, Carter observed Rimmer’s classes on three or four occasions, and after speaking with Pipkin again about his interest in the position, he became a substitute teacher at the high school. Over the course of the spring 2012 semester, Carter substitute taught on seventeen occasions. By contrast, Plaintiff only observed Rimmer’s class once and never substitute taught any classes at the high school.

The parties dispute the extent to which Plaintiff received information and instructions regarding the next step in his application. Smith claims that he was neither contacted about substitute teaching nor told how to become an eligible substitute. (D.E. 34-1 at 9.) Defendant contends that Plaintiff was given substantially the same information and guidance as Carter but did not act on it in the same way or otherwise demonstrate the enthusiasm that Carter did. (See generally D.E. 31-1.)

On April 11, 2012, Pipkin sent an email to Rimmer, asking him for his opinion of James Carter. (D.E. 32-4 at 73.) Rimmer’s reply is reproduced below in its entirety:

I think he will be GREAT! He is what I had in mind when I told you that I would be leaving. I think a young instructor will be a great asset to the automotive program. He is very knowledgeable and qualified. He has been subing [sic] for Mr. Karnes and myself and should know what it will be like to be in a classroom. He seems to have the respect of the students. I hope that he gets the job and will continue to work [623]*623■with him in what ever [sic] way that I am able.
Thanks
Harvey

(Id.) After receiving this email, Pipkin thanked Rimmer for his feedback. (Id.)

The Board selected Carter for the position on April 30, 2012, and he obtained his teaching license the next month. Plaintiff filed suit in this Court on July 15, 2015.

II. LEGAL STANDARD

A court “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56. “A dispute about a material fact is genuine ‘if the evidence is such that a reasonable jury could return a verdict for the non-moving party.’ ” Smith v. Perkins Bd. of Educ., 708 F.3d 821, 825 (6th Cir. 2013) (quoting Ford v. Gen. Motors Corp., 305 F.3d 545, 551 (6th Cir. 2002)). A court’s function at the summary judgment stage is not to “weigh the evidence and determine the truth of the matter”; rather, it is “to determine whether there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); see Bobo v. United Parcel Serv., Inc., 665 F.3d 741, 748 (6th Cir. 2012) (“Credibility determinations ... and the drawing of legitimate inferences from the facts are jury functions, not those of a judge.” (quoting Anderson, 477 U.S. at 255, 106 S.Ct. 2505)).

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218 F. Supp. 3d 619, 2016 WL 6459811, 2016 U.S. Dist. LEXIS 150409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-chester-county-board-of-education-tnwd-2016.