Tunnel v. Powell

219 F. Supp. 2d 230, 2002 U.S. Dist. LEXIS 16117, 2002 WL 2022118
CourtDistrict Court, N.D. California
DecidedAugust 16, 2002
DocketNo. C 01-3057 MHP
StatusPublished

This text of 219 F. Supp. 2d 230 (Tunnel v. Powell) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tunnel v. Powell, 219 F. Supp. 2d 230, 2002 U.S. Dist. LEXIS 16117, 2002 WL 2022118 (N.D. Cal. 2002).

Opinion

MEMORANDUM & ORDER RE SUMMARY JUDGMENT

PATEL, Chief Judge.

Plaintiff Margaret O. Tunnell brings this action against defendant Donald E. Powell, Chairman of the Federal Deposit Insurance Corporation (“FDIC”), alleging employment discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16 et seq. Now before the court is defendant’s motion for summary judgment. After having considered the parties’ arguments and submissions, and for the reasons set forth below, the court rules as follows.

BACKGROUND

I. General Background,

The FDIC is a government-owned corporation responsible for insuring deposits in the nation’s banks and thrift institutions. See generally 12 U.S.C. §§ 1811, 1821. When an FDIC-insured institution fails, the FDIC pays the insured depositors, disposes of the institution’s assets, and settles its accounts. Id. The Department of Supervision (“DOS”), an organization within the FDIC, regulates insured institutions to ensure that they operate in a “safe and sound” manner. Ramos Dec., Exh. B. When problems arise at FDIC-insured institutions, DOS may propose a range of enforcement options. Id.

Plaintiff Margaret Tunnell, a Caucasian female, has been employed by the FDIC on two occasions. JSUF ¶ 37. Tunnell first joined the FDIC in 1970 as a Bank Examiner Trainee and worked until 1976, when she took a leave of absence to pursue an M.B.A. degree. Id. Tunnell did not return from her leave of absence and resigned her position in 1977. Fifteen years later in February 1992, Tunnell was hired by the DOS San Francisco Region as a Grade 11 Bank Examiner, the position she held when she left the FDIC in the 1970s. [232]*232Ramos Dec., Exh. C. Tunnell is still currently employed with the FDIC. JSUF ¶ 1. Upon her return, Tunnell was required to retake a written test that other employees did not take upon returning from work in the private sector. Id. ¶¶ 30-31. The FDIC explains that Tunneli was required to take the test because she was absent from the FDIC for fifteen years before returning. Def.’s Reply at 9, fn. 8.

Tunnell was promoted three times between 1992 and 1995. In November 1992, she was promoted to a Grade 12 position as Bank Examiner. A year and half later in May 1994, Tunnell became a Review Examiner, a Grade 13 position, and in May 1995 was promoted to Grade 14. Ramos. Dec., Exh. C. It is undisputed that Tunnell has been a valuable employee to the FDIC; that she received several awards; that her supervisors have spoken highly of her; and that she has received excellent evaluations. Def.’s Mot. at 4:17-20; JSUF ¶ 16.

II. The 1997 Vacancies

In 1997, the FDIC announced three vacancies for Grade 15 positions: two for Senior Case Manager and one for Assistant Regional Director. Ramos Dec., Exhs. E.l & F.l. Tunnell, then in a Grade 14 position, applied for all three vacancies. JSUF ¶¶ 6 & 8. Her application was one of fifteen for the two Senior Case Manager positions and one of seventeen for the Assistant Regional Director. Ramos Dec., Exhs. E.3 & F.3. These positions are highly coveted and draw a well-qualified and competitive' applicant pool. Ramos Dec., Exh. 0 at ¶ 18.

The selection process for these positions involved a number of steps. Ramos Dec., Exh. W. & Exh. D at 6-11; JSUF ¶45. First, each application was reviewed to determine if the applicant met the qualifications for the position. JSUF ¶ 45. Second, a separate “rating and ranking” panel reviewed each application and ranked the applicants. Id. The panel consisted of one person from the DOS San Francisco Region, one from the DOS Washington office, and another FDIC employee from a division other than DOS. Id. Applicants who already held Grade 15 positions and were seeking lateral transfers were not required to go through the paneling process. Ramos Dec., Exh. W at ¶¶ 1-4 B & 1-4 H. The panel compiled a “Roster of Eligi-bles”, also known as the “Best Qualified List”, for the vacancies. JSUF ¶ 45. The names were listed in alphabetical order instead of by rank and were passed on to the Deputy Regional Director along with the names of those seeking a lateral transfer.1 Id.

Third, Susan Carroll, the San Francisco Deputy Regional Director, received the Roster of Eligibles and the list of transfers and scheduled interviews with the applicants. Id. The interviews were generally conducted by Carroll and the Assistant Regional Directors. Ramos Dec., Exh. H at 3-5. No one who sat on the rankings and rating panel participated in the interviews. Ramos Dec. Exh. D at 6-11. At the conclusion of the interviews, Carroll solicited from each Assistant Regional Director the top two or three candidates for each position. Ramos Dec., Exh. H at 3. Fourth, Carroll met with her superior, Regional Director George Masa to review the applications and determine which candidates to recommend to DOS Washington Office. Id. As the final step in the selection process, Simona Frank, DOS Associate Director in Washington, reviewed Carroll [233]*233and Masa’s recommendations and made the selections for the three vacancies. Id.

Tunnell made it through the first three steps of the selection process. She met the minimum requirements for the position, was ranked by the panel, and interviewed with Assistant Regional Managers. JSUF ¶ 47. The panel ranked Tunnell eighth out of thirteen applicants for the Assistant Regional Director position and ninth out of twelve applicants for the Senior Case Manager positions.2 Tunnell was the only female on the “Roster of Eligi-bles” for the Senior Case Manager position. JSUF ¶ 6. Only one other woman applied for the Senior Case Manager position. Ramos Dec., Exh. E.3 at 1-2. Three other women applied for the Assistant Regional Manager position, Ramos Dec., Exh. F.3 at 1-2, two of whom were also on the Roster of Eligibles with Tun-nell. Ramos Dec., Exh. F.5 at 1-2. None of the Assistant Regional Directors who conducted the interviews ranked Tunnell among the top two or three candidates for either position. Ramos Dec., Ex. J, vol. 1, at 66, 72. Nor did Carroll recommend to Masa that Tunnell’s name be sent to Washington. Ramos Dec. Exh. H at 3.

Masa sent six names to Simona Frank in DOS Washington. Id. at 4. Tunnell was not recommended. Id. The applicants included four men and two women and four Caucasians and two minorities. Frank selected Vanessa Villalba (Latina) for the Assistant Regional Director position and Louis Cheng (Asian male) and David Pro-mani (Caucasian male) for the Senior Case Manager positions. JSUF ¶ 48.

III. The 1999 Vacancy

In 1999, the FDIC announced a vacancy for an Assistant Regional Director position in the DOS San Francisco Region. Ramos Dec. Exh. G.3. The position became available after Villalba, who was a lateral transfer from Boston in 1997, left the position. The FDIC employed the same procedure as in 1997 to fill this vacancy. Ramos Dec., Exh. H at 5. There were twenty-five applicants for this position, including Tun-nell. JSUF ¶ 49.

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Bluebook (online)
219 F. Supp. 2d 230, 2002 U.S. Dist. LEXIS 16117, 2002 WL 2022118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tunnel-v-powell-cand-2002.