Williams v. Henderson

129 F. App'x 806
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 27, 2005
Docket03-2260
StatusUnpublished
Cited by13 cases

This text of 129 F. App'x 806 (Williams v. Henderson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Henderson, 129 F. App'x 806 (4th Cir. 2005).

Opinion

PER CURIAM.

Nine African-American employees of the United States Postal Service (“USPS”) commenced this class action against the Postmaster General of the USPS for denying them promotions because of their race, in violation of Title VII of the Civil Rights Act of 1964. On the USPS’s motion, the district court ruled that this action could not proceed as a class action and, with respect to the individual plaintiffs’ claims, granted summary judgment in favor of the USPS.

On appeal, we affirm. We agree with the district court’s decision that this case should not proceed as a class action. And with respect to the individual defendants, we agree that none of the employees presented sufficient evidence from which a reasonable factfinder could conclude that the employee was denied a promotion on the basis of race. Finally, we agree that four of the employees’ claims must be denied also because they failed to exhaust their administrative remedies.

I

Plaintiffs Williams, McKelvy, McKie, Cooks, Lacy, and Gray work in the maintenance craft in the Florence, South Carolina mail processing facility of the USPS. 1 Plaintiff Lockhart works as a mail distributor at the same facility. All plaintiffs claim that the USPS denied them promotions or discouraged them from seeking promotions because of their race.

The USPS promotion process in the maintenance craft is a highly formalized one. To obtain a promotion within that craft, a postal employee must enter the USPS’s “Maintenance Selection System,” which is comprised of seven steps: (1) announcement, (2) application, (3) record review, (4) review panel evaluation, (5) examination, (6) supervisor evaluation, and (7) results. While the first two steps might involve various circumstances, they generally entail the applicant’s submission to the USPS of information pertaining to his or her qualifications for a desired position. During step (3), the USPS’s National Test Administration Center (“NTAC”) receives and processes the forms submitted by the applicant and any relevant records already contained in the USPS’s database. Step (4) consists of an interview and record review by a three-member review panel, which assesses the applicant’s qualifications for the job sought. Those qualifications are described by “KSAs” (knowledge, skills, and abilities) that the applicant must possess to be considered for the position. For each relevant KSA, the review panel assigns a score to the applicant, with 1 being the worst score and 5 being the best. During step (5), the applicant takes a written examination, administered by the NTAC for each relevant KSA. Step (6) requires the applicant’s current supervisor to submit a written evaluation for each of the relevant KSAs. The supervisor can either assign the applicant a performance level score of 1 to 5 or, if the supervisor has no basis on which to make an evaluation, the supervisor can give the applicant a “CE” score (standing for “cannot evaluate”). Finally, during step (7), the NTAC combines the applicant’s scores from steps (4) through (6) *810 and returns the results to the USPS office and the applicant. The applicant never sees how he or she scored on the individual components in the evaluation process. The applicant does, however, receive an overall score for each KSA, which is arrived at by combining the applicant’s scores from the test, the panel review, and the supervisor evaluation in accordance with a formula. To be eligible for the desired position, the applicant must have achieved an overall passing score for each relevant KSA. If the applicant has failed one or more KSAs, he can seek to be reevaluated only if he has received new experience or training that might make him more qualified.

Promotions in the distribution craft, as distinct from the maintenance craft, are handled through a less formalized procedure than those in the maintenance craft. The applicant must submit a job application listing his knowledge, skills, and abilities for the desired position, and the application is then forwarded to a review committee, which selects the most qualified applicants to interview for the position.

Plaintiffs Williams and McKelvy both applied in'April 1996 for promotions within the maintenance craft to the position of general mechanic but were turned down when they failed to achieve passing scores on relevant KSAs. Both men allege that their non-passing KSAs were the result of discriminatory evaluations written by their supervisor, David Brandon. Specifically, both men received a CE score on the hand tools KSA from Brandon and ultimately received an overall “ineligible” rating for that KSA. Williams and McKelvy both allege that Brandon had previously observed them using hand tools and even had acknowledged their ■ competency with hand tools in the past. They maintain that Brandon was motivated by racial animus to withhold a favorable evaluation. But James Mahoney, the manager of the NTAC, testified that both Williams and McKelvy received such low scores on the written examination for hand tools that they could not have passed the hand tools KSA even if they had received the highest supervisor review possible.

Plaintiff Cooks applied for a promotion within the maintenance craft in January 1994 but was deemed ineligible when he failed the KSAs for applied theory and test equipment. Cooks blames his overall ineligibility rating on the allegedly discriminatory evaluations he received from his supervisor, Richard Barnhill, and the review panel. Barnhill gave Cooks a CE on the applied theory KSA, and the review panel gave him a rating of 1 on the test equipment KSA. According to NTAC manager Mahoney, Cooks’s scores on the written examination for applied theory and test equipment were so low that Cooks could not have passed those KSAs even if he had received the highest possible supervisor and review panel scores.

Plaintiff Lacy alleges that he was denied a promotion because of Barnhill’s discriminatory conduct. In particular, the USPS denied Lacy’s request to be promoted to building equipment mechanic or area maintenance technician after he had failed nine relevant KSAs. Lacy claims that his overall non-passing scores on those KSAs resulted from the low scores he received from the review panel, which, according to Lacy, was conducted by Barnhill in a discriminatory manner. Notwithstanding Lacy’s low panel review scores, however, NTAC manager Mahoney testified that Lacy’s written test scores for two of the KSAs were so low that no review panel evaluation would have been high enough for him to have passed.

Plaintiff Gray never actually entered the maintenance selection system. He alleges *811 that he was discouraged from applying for a promotion by his supervisor Barnhill.

Plaintiff McKie was denied a promotion in the maintenance craft, not because he failed a relevant KSA, but because he was passed over in favor of another qualified employee who was white. A contributing factor in the decision to promote the white employee was the difference between the supervisor evaluations each applicant received from Barnhill. McKie alleges that because Barnhill was not familiar enough with the white applicant’s abilities to have properly compared the two, the disparity in their applications must have been caused by racial animus.

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Bluebook (online)
129 F. App'x 806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-henderson-ca4-2005.