Moss v. Nat'l R.R. Passengers Corp.

VICTOR MOSS, Plaintiff, v. NATIONAL RAILROAD PASSENGERS CORPORATION, individually,and doing business as AMTRAK, ANDREW KEEFE, individually,and JOHN PIELLI, individually, Defendants.

CIVIL ACTION No. 18-1262

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SEPTEMBER 26, 2019

MEMORANDUM

ROBERT F. KELLY, Sr. J.

Presently before this Court is the Motion for Summary Judgment filed by Defendants, National Railroad Passengers Corporation, doing business as Amtrak ("Amtrak"), Andrew Keefe ("Keefe") and John Pielli ("Pielli") (collectively "Defendants"), Plaintiff, Victor Moss' ("Moss") Response in Opposition to Defendants' Motion for Summary Judgment, and Defendants' Reply. For the reasons that follow, Defendants' Motion for Summary Judgment will be granted.

I. BACKGROUND¹

A. FACTUAL HISTORY

1. Moss Joins Amtrak and is Promoted Several Times

Moss (African American) began working for Amtrak in June of 2011 as a Manager of Field Operations System in the Engineering Department in Philadelphia. (SOF ¶ 1.) Andrew Keefe ("Keefe") (Caucasian) hired Moss for the position. (SOF ¶ 2.) In January 2014, Moss was granted a transfer to the position of Engineer Track Specialist Mid-Atlantic Division in Philadelphia. (SOF ¶ 3.) Later that same year, Moss applied, and was selected, for a promotion to the position of Assistant Production Engineer in Philadelphia, effective August 22, 2014. (SOF ¶ 4.) Moss held that position from August 22, 2014 until May 2015. (SOF ¶ 5.)

In or around May 2015, Moss applied, and was selected, for a promotion to the position of Program Manager III in Philadelphia, with an effective start date of May 18, 2015. (SOF ¶ 6.) Keefe, who had assumed the role of Deputy Chief Engineer of Amtrak's Engineering Department around the same time, was now responsible for approving promotion selections within the department. (SOF ¶¶ 7-8.) Keefe approved Moss' promotion to the Program Manager III position. (SOF ¶ 9.) As a Program Manager III, Moss initially reported to Mitchell Moore ("Moore") (African American), who reported to Keefe. (SOF ¶ 10.)

2. Moss Applies to the Senior Manager Engineering Production Position for the First Time

In September 2015, Moss applied for the position of Senior Manager Engineering Production (the "Senior Manager position").² (SOF ¶ 11.) Moore, who was Moss' direct supervisor at the time, interviewed Moss and another candidate, Michael Albanese ("Albanese") (Caucasian), for the position. (SOF ¶¶ 10, 12-13.) Moore selected Albanese for the position. (SOF ¶ 14.) Moss does not believe that Moore's selection decision was discriminatory, and doesnot question that Albanese was qualified for the position. (SOF ¶ 15; CSOF ¶ 15.) Albanese ultimately declined the position and the position remained unfilled. (SOF ¶¶ 16-17.)

3. Moss Applies to the Senior Manager Position a Second Time

In April 2016, Amtrak reposted the Senior Manager position, and Moss applied for a second time. (SOF ¶¶ 11, 18-19.) Moore interviewed Moss and two other candidates - James Miller (Caucasian) and Michael Thomas (Caucasian). (SOF ¶ 20.) This time, Moore selected Moss for the position. (SOF ¶ 21.) However, as Deputy Chief Engineer, Keefe was responsible for approving Moore's selection, and he chose not to approve the selection. (SOF ¶¶ 22-23.)

Keefe did not approve Moore's selection of Moss for two reasons. (SOF ¶ 24.) First, Keefe did not believe, based on his experience working with Moss, that Moss was ready for the level of responsibility the position entailed. (SOF ¶ 25.) Specifically, the Senior Manager would be required to manage half of the engineering production organization, and Keefe had concerns about Moss' ability to manage at a higher level given that Moss' experience as a Program Manager III was focused on managing multiple small gangs. (SOF ¶ 26.) Second, the Engineering Department was in the process of being reorganized and Keefe believed that John Pielli ("Pielli") (Caucasian) should participate in the interviews given that the person selected for the Senior Manager position would, as a result of the reorganization, report directly to him instead of Moore. (SOF ¶ 27.) When Keefe made the decision to deny Moore's selection of Moss, he knew that, as a result of the restructuring, Moore would no longer be supervising the Senior Manager position. (SOF ¶ 28.) It is common practice for Amtrak to restart the job posting and selection process for a position if, for example, a new selecting manager becomes involved. (SOF ¶ 29.)

Moss states that the reasons provided by Keefe do not match the evidence in this case. (CSOF ¶¶ 24, 27, 28.) Specifically, the reorganization by Amtrak has been going on since 2015, both Moore and Pielli were fully aware of the reorganization, and conducted the interviews regardless. (CSOF ¶¶ 24, 27, 28.) Pielli explicitly acknowledged that "there was always a potential for the department to be united. That was the concept in relationship I had with Mitch [Moore], is that we were interviewing candidates that could potentially work for either he, I or another leader as a united production crew in the future." (CSOF ¶ 24.) (citing Ex. 3, 53:22-54:2, 68:8-11). Moss goes on to state that he was qualified for the position based on his experience working under and with Moore. (CSOF ¶ 24, 27, 28) (citing Ex. 6, 16:17-22, 17:20-14).

Moss also asserts that he served as a second hand for Moore, taking care of the track usage and coordinating Moore's gangs. (CSOF ¶¶ 25, 26) (citing Ex. 6, 15:1-16:3). He states that he would help in all phases of the "24/7 operation," coordinating with night shifts, setting up calls at the outset of their shift at 8:00 p.m. and checking in with them first thing the following morning. (CSOF ¶¶ 25, 26) Moss directly managed a crew of his own equating to an estimated 150 people. (CSOF ¶¶ 25, 26) (citing Ex. 6, 16:6-10). In addition to his own crew, Moss helped support and manage two-thirds of Moore's staff of nearly 1,000 people and assisted on his large-scale projects. (CSOF ¶¶ 25, 26) (citing Ex. 6, 16:20-17:24). According to Terry Tiller (Caucasian), who was hired as Senior Manager, he stated that he only manages an estimated 320 employees and worked on a large budget project estimated to be valued around one hundred million dollars. (CSOF ¶¶ 25, 26) (citing Ex. 7, 28:8-19).

After denying Moore's selection, Keefe placed the Senior Manager position on hold. (SOF ¶ 31.) Amtrak never made Moss, who was unaware of the restructuring that was taking place at this time, an offer for the Senior Manager position. (SOF ¶¶ 30, 32.)

4. Amtrak's Reorganization of the Engineering Department and its Impact on the Senior Manager Position

When Moss interviewed for the Senior Manager position for the second time, Amtrak had started to reorganize its Engineering Department. (SOF ¶ 33.) Moss argues that the reorganization by Amtrak has been ongoing since 2015, and Moore and Pielli were fully aware of the reorganization and conducted interviews. (CSOF ¶ 33) (citing Ex. 3, 53:22-54:2, 68:8-11). Moss also states that he was qualified for the Senior Manager position based on his work with Moore. (CSOF ¶ 33) (citing Ex. 6, 16:17-22, 17:20-14). According to Amtrak, the reorganization, which took place over the course of many months and involved personnel changes in 2016 and 2017, involved splitting the Mid-Atlantic Division into two regions (north and south) to better accommodate its increasing workload. (SOF ¶¶ 34-35.) Moss, again, argues that the reorganization project was well underway as early as the beginning of 2015. (CSOF ¶ 35) (citing Ex. 6, 18:14-20:4). Amtrak argues that Moss had no knowledge about the reorganization. (SOF ¶ 36.) As part of the reorganization, Keefe asked Moore to take on a role in the new Mid-Atlantic South Region, which was based in Baltimore. (SOF ¶ 37.) Moore accepted the position because he was from Baltimore and felt it would be a "good fit." (SOF ¶ 37.) Meanwhile, Pielli assumed the role of Director of Engineering Production in Philadelphia, i.e., the Mid-Atlantic North Region. (SOF ¶ 38.)

The roles of Pielli and Moore in Philadelphia overlapped for a period in 2016, with each taking responsibility for different aspects of the work, until Moore moved to his new position in Baltimore. (SOF ¶ 39.) During the period of overlap, Moore and Pielli each took part in hiringfor vacant positions in the Mid-Atlantic Engineering Department; however, Pielli was not involved in the April 2016 interviews for the Senior Manager position, including Moss' interview for the position. (SOF ¶ 40.) Moore did not consult with Pielli regarding his selection of Moss for the Senior Manager position in April 2016, because, at the time, Moore was unaware of any plan for Pielli and Moore to split the Mid-Atlantic Region. (SOF ¶ 41.)

Moss argues that, during the reorganization, it is agreed by nearly all witnesses that Pielli and Moore, in fact, worked together, restructuring and hiring within the department. (CSOF ¶ 40) (citing Ex. 5, 12:16-13:6; Ex. 2, 18:7-25; Ex. 6, 24:4-19). Pielli himself even acknowledged that he and Moore shared the responsibility in 2016 of interviewing 17 positions, specifically stating that they interviewed every position together except where a scheduling conflict arose. (CSOF ¶ 40) (citing Ex. 3, 47:5-48:8).

Moore transferred to the new Mid-Atlantic South Region in Baltimore in September of 2016. (SOF ¶ 42.) After Moore assumed his new role in Baltimore, Pielli focused on expanding the Mid-Atlantic North Region in Philadelphia to cover signal, electric traction, and track production. (SOF ¶ 43.) With respect to the Senior Manager position, Pielli testified that he already had a track expert and a transportation expert, and was interested in adding someone with expertise in interlocking, signal, and electric traction experience to "match and realistically function with" additional "capital drive and duties." (SOF ¶ 44.) Additionally, Keefe...