Drakeford v. Alabama Co-Op. Extension System, Civ.A.3:03CV1201WHA.

416 F.Supp.2d 1286

Robert DRAKEFORD, Plaintiff, v. ALABAMA COOPERATIVE EXTENSION SYSTEM, William Walker, and Gains Smith, Defendants.

No. Civ.A.3:03CV1201WHA.

United States District Court, M.D. Alabama, Eastern Division.

February 6, 2006.

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Michael Vance McCrary, Gardner Middlebrooks Gibbons Kittrell & Olsen, PC, Mobile, AL, Winn Faulk, Faulk & Reed, Montgomery, AL, Brian Austin Oakes, White & Oakes, PC, Decatur, AL, for Plaintiff.

David R. Boyd, Dorman Walker, Griffin Lane Knight, Leslie Eason Williams, Balch & Bingham, Montgomery, AL, Lee F. Armstrong, Auburn University, Auburn University, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

ALBRITTON, Senior District Judge.

I. INTRODUCTION

This case is before the court on a Motion for Summary Judgment (Doc # 49) filed by Defendants, the Alabama Cooperative Extension System, Dr. William Walker and Dr. Gaines Smith (hereinafter collectively "ACES") on July 29, 2005.

The Plaintiff, Dr. Robert Drakeford, filed an EEOC charge on May 1, 2002 against his employer, ACES, alleging racial discrimination. On February 13, 2003, Dr. Drakeford supplemented his EEOC charge, alleging continued discrimination at ACES. He received a "Right to Sue" letter from the EEOC on September 3, 2003, and on December 8, 2003 he filed his initial complaint before this court. Plaintiff filed a separate EEOC complaint in October 2003, alleging discrimination and retaliation against him by ACES. He received a "Right to Sue" letter on March 18, 2004. He amended his complaint on June 14, 2004, to include the new allegations. In his complaint, Plaintiff brings claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended by the Civil Rights Act of 1991, for discrimination on the basis of race and retaliation, and for deprivation of equal protection rights pursuant to 42 U.S.C. §§ 1983 and 1981.

For the reasons to be discussed, the Motion for Summary Judgment is due to be GRANTED.

II. JURISDICTION AND VENUE

Based upon 28 U.S.C. §§ 1331 and 1343, the court properly exercises subject matter jurisdiction over this action. The parties do not contest personal jurisdiction or venue. Furthermore, the court finds that the Plaintiff has fulfilled the two jurisdictional prerequisites for instituting a Title VII lawsuit. Plaintiff has timely filed a charge with the Equal Employment Opportunity Commission ("EEOC"), wherein he asserted claims of racial discrimination and retaliation. After receiving right to sue letters from the EEOC, Plaintiff seasonably filed this action. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 798, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).

III. SUMMARY JUDGMENT STANDARD

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The party asking for summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the `pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Id. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing, or pointing out to, the district court that the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-324, 106 S.Ct. 2548.

Once the moving party has met its burden, Rule 56(e) "requires the nonmoving party to go beyond the pleadings and by [its] own affidavits, or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Id. at 324, 106 S.Ct. 2548. To avoid summary judgment, the nonmoving party "must do more than show that there is some metaphysical doubt as to the material facts." Matsushita Elec, Indus. Co. v Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). On the other hand, the evidence of the nonmovant must be believed and all justifiable inferences must be drawn in its favor. See Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). After the nonmoving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. FED. R. Cri. P. 56(c).

The summary judgment rule is to be applied in employment discrimination cases as in any other case. Chapman v. Al Transport, 229 F.3d 1012, 1026 (11th Cir.2000) (en bans).

IV. FACTS

The submissions of the parties establish the following facts, construed in a light most favorable to the non-movant.

ACES is the primary outreach organization for the land-grant mission of Auburn University and Alabama A & M University. ACES has over 500 agents and fieldbased staff members spread out across Alabama, running research-based educational programs in Agriculture, Forestry and Natural Resources, Family and Well-Being, Community and Economic Development, and 4-H and Youth Development. The organizational hierarchy is straight forward. At the top is the Director of ACES, or in this case, the Interim Director, Dr. Gaines Smith. Below the Director are two Associate Directors, the Associate Director for Urban and New Nontraditional Programs (ADUNNP) and the Associate Director for Rural and Traditional Programs (ADRTP). Below the Associate Directors are several Assistant Directors who are responsible for different state-wide programs, and below the Assistant Directors are the various staff, specialists, and field personnel assigned to carry out the ACES mission.

The Plaintiff, Dr. Robert Drakeford, is an African American man who was first hired by ACES in 1993. His initial job title was that of "Extension Specialist for Volunteer Programs" working within the 4-H program. His job title was later changed to "Extension Specialist/Coordinator of Volunteer and After-School Programs." Specialists at ACES are charged with using their specialized knowledge to design programs in their particular area of expertise and to serve as a resource for field staff. As an Extension Specialist, Dr. Drakeford has reported directly to the Assistant Director in charge of the 4-H and Youth Development Program. Before coming to ACES, Dr. Drakeford worked for four years in the North Carolina Extension System as an "Extension Agent" within the 4-H & Youth program. He has also held a diverse array of non-extension positions. He served as the General Manager of two small companies, worked for the North Carolina Department of Human Resources, and also worked for a Community College as a federal grant project director. Additionally, he was the mayor of a small town in North Carolina. He has a Bachelor of Science degree from Quinnipiac College, a Masters in Public Health from the University of North Carolina at Chapel Hill, and a PhD. in Education from the University of North Carolina at Greensboro.

A. Overview of the Facts

Dr. Drakeford applied for two senior level positions within ACES and did not receive either. He first responded to an opening for the Associate Director, Rural and Traditional Programs (ADRTP) and did not receive an interview. He alleged that there was discrimination in the search and hiring process for the ADRTP position and filed a complaint under the Program for Equal Employment Opportunity in the Alabama Cooperative Extension System. He received an EEO hearing which he also claimed was discriminatory. The EEO hearing officer found procedural irregularities but no discrimination. After the hearing, Dr. Drakeford was given an interview for the ADRTP position, which he has called a "sham" interview. After his interview, the ADRTP position was given to another candidate, who is white. He next filed a charge of racial discrimination with the EEOC. While that charge was pending, the position of Assistant Director, 4-H and Youth Development (AD4-H) opened and he applied. This time he received an interview, but again was not offered the job. He amended his earlier EEOC complaint, alleging that he was discriminated against during the search process and hiring decision for the AD4-H job. Dr. Drakeford also alleges that not getting the AD4-H job was part of a pattern of retaliation he has been forced to endure since filing his EEOC complaints. In the complaint before this court he alleges that the search process and hiring decision for both jobs was tainted with racial discrimination and he also alleges several instances of retaliation.

B. Facts surrounding the ADRTP position

The search for a new ADRTP, one of the two top positions under the Director, began on September 21, 2001. ACES' Associate Director for Human Resources, Barbara Duncan, was in charge of conducting the search. She published a vacancy announcement that was sent to Extension systems throughout the nation and published in two education periodicals with nationwide circulation. A separate announcement was posted on the internet. The "hard copy" announcement listed the deadline for applications as "October 12, 2001," while the internet copy listed the deadline as "October 12, 2001 or until qualified applicant is found." Dr. Drakeford submitted his application on October 23, 2001 and it was initially rejected by Duncan for being late. Duncan also rejected another application that was received after October 12,...