AVERN COHN, District Judge.
This is an employment case. Plaintiff Paula McDaniels (McDaniels) is suing defendant Plymouth-Canton Community Schools (PCCS) contending that she suffered discrimination based on her gender under Title VII and Michigan's Elliot Larsen Civil Rights Act
Before the Court is PCCS's motion for summary judgment on the grounds that there is no genuine issue of material fact that McDaniels' failure to be selected for the Plant Engineer positions was not due to her gender. For the reasons that follow, the motion will be granted.
The relevant facts as gleaned from the parties' papers follow:
The Maintenance Department at PCCS has three levels of maintenance employees: 1) Plant Engineers; 2) Assistant Head Maintenance Custodians (AHM); and; 3) Custodians. Plant Engineers are the highest-level employees in the Maintenance Department, followed by AHMs, then Custodians.
AHM Custodians are further divided into three groups: AHM-A, who work at the high school; AHM-B, who work at the middle school; and AHM-C, who work at the elementary school level. AHM-A's are considered the highest-level employees in this group because they work in a larger school building, and confront the largest number of maintenance issues. This hierarchy is reflected in AHM's collective bargaining agreement (CBA). Under the CBA, AHM-As are paid more per hour than the other levels of AHMs.
The Plant Engineers, the position at issue, are "responsible for the operation, care and maintenance of the heating, ventilating, lighting and plumbing systems in the building." They are also required to "[s]upervise the care, maintenance and repairs of the building, equipment and grounds," and to "[c]heck that mechanical systems are operating properly." "It is [also] expected that a Plant Engineer, in addition to the supervisory and training duties, will also actively participate in the . . . maintenance operation of the building. . ." (PCCS Ex. 2 Plant Engineer Job Description).
As explained in the affidavit of Joe West (West), a Plant Engineer with PCCS since 1994 and a Union Representative for Plant Engineers, the duties include maintaining and repairing the building, equipment and grounds. To this end, Plant Engineers were required to perform tasks such as the following; stripping the wood gym floors, changing light ballasts, light switches and plugs; doing necessary maintenance to repair supply fan motors, including replacing wiring; changing Sloane valves and faucets; fixing plumbing leaks; repairing toilets, including changing flush valves, gaskets, and diaphragms; repairing and rewiring GFI outlets that extend downward from classroom ceilings; and repairing motors on small and mid-size equipment. (PCCS Ex. 5 Joe West affidavit).
The AHMs and Custodians were responsible for cleaning the buildings and assisting Plant Engineers with the above duties. (PCCS Ex. 3 AHM Job Description).
Each school building has one Plant Engineer, and a varying number of AHMs and Custodians. (PCCS Ex. 1 McDaniels' deposition at p. 34-35). There were approximately 20 Plant Engineer positions and 70 custodial positions at PCCS. Id.
The Director of Maintenance for PCCS from 2004 until January 2014 was Harry Lau (Lau). Two females held Plant Engineer positions for PCCS under Harry Lau: Barb Bartel and June Rorabacher.
McDaniels began her employment at PCCS in the Maintenance Department in 1997. She worked as an AHM-C at Hoben Elementary School (Hoben) starting in 2005. McDaniels' supervisor for the entire time she worked at Hoben was Plant Engineer Mike Hartline (Hartline). McDaniels and Hartline were close friends, and remain close friends today. (PCCS Ex. 1, McDaniels' deposition, at p. 42, 83). McDaniels admitted she had very limited experience and knowledge regarding mechanical, electrical, or plumbing systems. (PCCS Ex. 1 McDaniels' deposition at p. 13-15).
In March 2013, PCCS posted an opening for a Plant Engineer position at Gallimore Elementary School (Gallimore). When posting the Plant Engineer positions, consistent with the job description, the school district wanted to hire someone who had demonstrated experience dealing with mechanical, electrical, and plumbing issues. (Ex. 5 West affidavit). The school district gave preference to actual experience in these areas over attendance at instructional classes. (PCCS Ex. 5 West affidavit).
In early April 2013, McDaniels applied for the Plant Engineer opening at Gallimore. She was one of 23 total applicants for the position. After submitting her application, McDaniels was selected as one of six finalists for the position, along with two other female applicants, Kathy Ladenberger and Judy Spehar. These three females were selected as finalists over twelve other male applicants for the position.
The finalists for the Gallimore position were required to take a test and participate in interviews with the hiring committee. The hiring committee consisted of Gallimore Principal Kimberly May, who is female, Maintenance Director Harry Lau (Lau), Plant Engineers Bruce Haarala, and Union Representative West.
After the first round of interviews were completed, on April 19, 2013, the hiring committee (including Kimberly May) unanimously agreed that Dan Wolff (Wolff) should receive the position.
According to West, Wolff received the position because the committee believed that he had a superior understanding of, and greater experience in, handling maintenance issues than McDaniels. (Ex. 5 West affidavit). As for his background, Wolff was originally hired by PCCS on March 26, 1996, approximately one year before McDaniels. Wolff had consistently received excellent evaluations since his hire. He was also identified by his supervisor as being "very bright and ready for a leadership role." (PCCS Ex. 9 Wolff Evaluation). Wolff had been an AHM-A at Canton High School since 2003, and therefore was a higher-level maintenance employee than McDaniels. And by virtue of working in a building more than three times larger than the elementary building where McDaniels worked, Wolff confronted more building issues on a daily basis, and, according to PCCS, received more relevant job training.
Moreover, Lau (who was on the committee) had prior experience with Wolff. During their time together, Lau testified at deposition that he had seen Wolff successfully complete many "preventative maintenance" projects:
(PCCS Ex. 10 Lau deposition at p. 40). Lau further testified that he encouraged Wolff to apply for the open position at Gallimore. (PCCS Ex. 10 Lau deposition at p. 43).
In contrast to Wolff, Lau testified that McDaniels had not demonstrated the same skill set to Lau. (Ex. 10 Lau deposition at p. 41, 72). Lau testified as follows:
(PCCS Ex. 10 Lau deposition at p. 72).
When comparing McDaniels' and Wolff's demonstrated skills, Lau believed that Wolff was more qualified:
(
McDaniels agreed that she did not have much practical experience in these areas, and further admitted that her knowledge of these areas was limited. (PCCS Ex. 1 McDaniels's deposition at p. 13-15). McDaniels testified she had "very little" experience with plumbing, Id. at p.13, and even "less" experience with electrical work. Id. at 14.
West, who was on the committee, also did not believe McDaniels was the best qualified for the Plant Engineer position. West had supervised McDaniels in the past. According to his affidavit, when they worked together, McDaniels submitted work orders to central maintenance to address issues she should have completed, such as handle lunch trash. McDaniels also never performed any of the "maintenance" work in the building, and instead left most of that type of work for West.
Lau also testified that during the interviews, Wolff effectively communicated to the panel that he understood how to address preventative maintenance issues. Lau further explained that McDaniels, conversely, did not demonstrate the ability to perform this type of work while on the job, and did not appear confident answering questions regarding mechanical, electrical, or plumbing systems during the interview.
As to why Wolff was hired over McDaniels, McDaniels testified that she believed Wolff was selected for the position because Lau already knew that he wanted Wolff for the position before interviews took place. (PCCS Ex. 1 McDaniels's deposition at p. 47-48). Thus, McDaniels testified that because Lau already knew who he wanted, no other candidates—male or female—were given consideration for the position. (
McDaniels further testified that another male candidate, Jeff Maloney, was the most likely to receive the Gallimore position. (PCCS Ex. 1 McDaniels's deposition at p. 57-58, 62). McDaniels testified that Maloney had more qualifications for the position than she did. Maloney had been an AHM-B at the middle school, which was a higher level than what McDaniels held. And unlike McDaniels, Maloney had completed all of the maintenance sessions. See PCCS Ex. 1 McDaniels's deposition at p. 58: "[Maloney] was the middle school assistant head maintenance, been there a few years, had all of his classes."). McDaniels further testified that Jeff Maloney was not chosen for the position for the same reason she was not chosen, i.e. Wolff's close relationship with Lau:
(PCCS Ex. 1 McDaniels's deposition at p. 58). McDaniels also testified that she did not believe gender played a role in denying Maloney the position.
In September 2013, a Plant Engineer position opened at Hulsing Elementary School (Hulsing). McDaniels applied for the Hulsing position. She was one of fifteen total applicants for the job; eleven males and four females. (PCCS Ex. 12 Hulsing Interview List). The hiring process for the Hulsing position was similar to the process for the Gallimore position. After submitting applications, the hiring committee selected five finalists for the position. The finalists were then required to complete a written examination and participate in in-person interviews.
The hiring committee for the opening at Hulsing Elementary consisted of Lau, Hulsing Principal James Johnson (Johnson), and Plant Engineer Union Representatives Kevin Jantovsky and West. Principal Johnson was on the hiring committee because the Plant Engineer would work in his building, and therefore, he wanted a say as to who would be Plant Engineer. McDaniels was selected as one of two finalists for the position, along with Derek Leright (Leright). The two finalists then completed interviews. The interviews were conducted by Lau, Bruce Haarala, and Johnson. Derek Leright was chosen to be the Plant Engineer at Hulsing.
Leright had been working for the past year as an AHM at Hulsing when the position was posted. As a result, Leright was familiar with the Hulsing building, and knew the Hulsing administration and staff well—including the principal, Johnson. Indeed, Johnson testified about his relationship with Leright while he worked as an AHM at Hulsing before the posting:
(PCCS Ex. 13, Johnson's affidavit).
Johnson also stated that he had witnessed Leright complete multiple maintenance projects at Hulsing:
(
Johnson also explained that he received a recommendation for Leright from Scott Reid, the former Plant Engineer Leright worked under at Hulsing.
West also stated that he was familiar with Leright in another building, and agreed with Principal Johnson's assessment of Leright's skills. (PCCS Ex. 5 West affidavit).
As to why she was not selected for the position, McDaniels testified that although she believed that Leright was qualified for the position and it would be appropriate for the building principal to want Leright to continue in the building as the Plant Engineer because of his familiarity, the hiring decision was based on gender discrimination because Leright is male and she is female. (PCCS Ex 1 McDaniels's deposition at p. 102).
In approximately 2010, to correct a multimillion dollar budget deficit, PCCS maintenance employees' and teachers' health benefits were eliminated. Also, the maintenance staff was reduced from 90 employees to 70. During the 2013-2014 school year, PCCS learned it once again faced a significant budget deficit. On June 10, 2014, PCCS instituted multiple budget reductions, including laying-off 44 teachers and privatizing the Assistant Head Maintenance and custodial employees. See PCCS Ex. 16 June 10, 2014 school board meeting minutes.
As a result of the privatization, all 70 AHM and custodial employees received layoff notices in June 2014. Following the layoffs, PCCS contracted with Grand Rapids Building Services (GRBS) to provide maintenance services for the District. All 70 AHMs and Custodians were offered an opportunity to continue working at PCCS in their same position, but as employees of GRBS. GRBS offered all 70 AHMs and Custodians a raise in their hourly wage over what they were paid by PCCS to continue working at PCCS. Nearly all of the affected individuals accepted the offer.
McDaniels, however, did not accept the offer. Her employment ended with PCCS on June 18, 2014. (Ex. 1 Pl. p. 110).
At about the time McDaniels ended her employment in June of 2014, PCCS posted an opening for a Plant Engineer position at Workman Elementary school. When this position was posted, Director Lau was no longer at PCCS. Richard Peterson was the new Director of Maintenance and Operations. The hiring committee for this posting consisted of Human Resources Director Kurt Tszykiewicz, West, and Bruce Haarla. McDaniels did not apply for the position.
Following the interview process, the hiring committee selected Michael Oakes, Sr. (Oakes) for the position. Oakes was hired by the district as a custodian in 2009. Since his hire, Oakes worked in multiple buildings, including Central Maintenance. (Ex. 20 Tyszkiewicz Affidavit; Ex. 18 Oakes, Sr., Application). McDaniels admitted at deposition that Oakes was qualified to be the Plant Engineer at Workman Elementary. (PCCS Ex. 1 McDaniels's deposition at p. 111-112).
Shortly after McDaniels left PCCS, PCCS posted an opening for a Plant Engineer position at Allen Elementary School. Katherine Ladenberger, a female, received the position.
Thereafter, in 2015, all of the Plant Engineer positions McDaniels challenges were eliminated as part of a budget cut. Accordingly, Wolff, Leright, Oakes, and Ladenberger are no longer Plant Engineers at PCCS.
"The 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). A moving party may meet that burden "by `showing' — that is, pointing out to the district court-that there is an absence of evidence to support the nonmoving party's case."
Fed. R. Civ. P. 56(c)(1).
The Court must decide "whether the evidence presents a sufficient disagreement to require submission to a [trier of fact] or whether it is so one-sided that one party must prevail as a matter of law."
Because McDaniels does not have direct evidence that she was denied the Plant Engineer positions because of her gender, she must proceed under the burden-shifting framework set forth in
PCCS says that McDaniels cannot meet the fourth element of a prima facie case, i.e. that "she was rejected in favor of another person with similar qualifications who was not a member of [the] protected class."
PCCS's argument that the three males chosen for the Plant Engineer positions had more experience than McDaniels goes more to whether McDaniels can show a pretext for gender discrimination than whether she has made out a prima facie case. Rather, there appears no dispute that McDaniels was qualified for the Plant Engineer position. Indeed, she was a finalist for the position on two occasions. There is also no dispute that McDaniels and her two male counterparts, Wolff, Leright, and Oakes had similar qualifications. PCCS's defense is that those selected had qualifications that made them more suitable candidates for the Plant Engineer position. It is those qualifications that play into whether PCCS's decision was a prextext for gender discrimination. Thus, the Court finds McDaniels has made out a prima facie case for gender discrimination.
PCCS's burden of production of a legitimate non-discriminatory reason for not promoting McDaniels requires that it "articulate some legitimate, nondiscriminatory reason for the employee's rejection."
Here, PCCS says that it chose candidates who had demonstrated an ability to address preventative maintenance issues which are part of the Plant Engineer position. PCCS also says McDaniels admitted she was not as experienced in these areas as the candidates who were chosen. These articulate reasons are non-discriminatory. Thus, PCCS has met its burden.
McDaniels may establish pretext by showing that (a) the stated reasons had no basis in fact; (b) the stated reasons were not the actual reasons; or (c) that the stated reasons were insufficient to explain the defendant's action.
The Sixth Circuit has found that an employer's business judgment should not be questioned as a means of establishing pretext because the issue is not whether the decision was wrong or mistaken, but whether the decision was discriminatory.
The crux of this case lies in whether McDaniels has established pretext sufficient to survive summary judgment. PCCS says McDaniels has not shown that it did not really prefer candidates who had a demonstrated ability to perform plumbing, mechanical, and electrical work, which PCCS refers to as "preventative maintenance." McDaniels contends that the ability to perform "preventative maintenance" is not part of the job description of a Plant Engineer.
PCCS has the better view. The job description for Plant Engineer states that they are "[r]esponsible for the operation, care, and maintenance of the heating, ventilating, lighting and plumbing, and electrical systems in the building." (PCCS Ex. 2, Doc. 18-3, Job Description). McDaniels makes too much out of PCCS' use of the phrase "preventative maintenance." While admittedly the phrase does not appear in the job description, it is clear that Plant Engineers are responsible for maintaining the building systems, which necessarily includes being knowledgeable about and experienced in working on those systems. "Preventative maintenance" is simply another way to describe the ability to operate, care for, and maintain the several building systems. It is not, as McDaniels contends, an unstated job requirement.
McDaniels admits that the males chosen for the Plant Engineer positions were qualified but says she was better qualified because in approximately 1999, 14 years before the first posting, McDaniels attended informational sessions in plumbing, carpentry, woodwork, and electrical. She notes that Wolff did not attend any training session. Each session lasted approximately a half day, so McDaniels attended a total of approximately two days in sessions. Also in approximately 2009, she completed most of an at-home course in heating, ventilation, and air-conditioning (HVAC). The athome course required McDaniels to read a 400-page book and take a series of at-home tests at her leisure. (Ex. 1). Despite this training, McDaniels admitted that her practical experience and knowledge of these areas was limited. (PCCS Ex. 1 McDaniels's Deposition at p. 13-15, "very little" plumbing experience, even "less" electrical). Training aside, Lau and West also testified that PCCS valued actual experience performing maintenance projects over attending these classes. (Ex. 5 West affidavit). Thus, McDaniels' training does not necessarily make her a better candidate than those who were selected.
McDaniels says that when making its hiring decisions, PCCS placed greater emphasis on actual experience in certain areas such as plumbing, electric, and woodworking, over attending brief training sessions. This argument is not evidence of pretext as a matter of law.
When making a hiring a decision, an employer may give greater weight to certain qualifications or experiences over others. In
Here, as an employer exercising its business judgment, PCCS placed greater emphasis on actual hands-on experience in completing projects over attending limited training sessions. McDaniels has not introduced any evidence that Plant Engineers do not perform that type of work regularly. It is not evidence of pretext that PCCS prefers to hire candidates who had shown an ability to perform that work.
Rather, a review of the record shows that the candidates who were selected were those that not only had hands-on experience but were familiar with the building and key personnel at the building where the position was open. In other words, the positions were filled based on familarity, even favoritism. A decision based on favoritism does not equate to a pretext for discrimination. Indeed, McDaniels said that the reason she believed she did not receive the Plant Engineer position at Gallimore was because Lau already knew he wanted Wolff for the position based on his personal relationship with the candidates. McDaniels also said that Jeff Maloney was the biggest threat to receive the first Plant Engineer position because he was more qualified than she was. McDaniels testified that Maloney was not selected for the position for the same reason she was not, and admitted that it was not due to gender discrimination.
Courts have uniformly recognized that, "as a matter of law, a supervisor's favoritism towards someone based on their personal relationship, even if the relationship consists of a romantic affair, `is not sex-based discrimination, as the favoritism, while unfair, disadvantages both sexes alike for reasons other than gender. . . . [S]uch `paramour favoritism' is not an unlawful employment practice under Title VII. . . .'"
In light of the above, it was not discriminatory for Lau to prefer Wolff because he knew Wolff well. Nor was it discriminatory for Principal Johnson to want Leright to continue working at Hulsing because he was familiar with Leright and his work. Lau and Johnson did not have that same familiarity with McDaniels. To the extent Wolff and Leright were given "preference" and hired over both males and females, it does not show pretext for gender discrimination.
Even if PCCS were somehow mistaken about the qualifications of the candidates, that is not evidence of pretext. "Under the `honest belief' rule `as long as an employer holds an honest belief in its proffered nondiscriminatory reason for discharging an employee, the employee cannot establish that the reason was pretextual simply because it is ultimately shown to be incorrect.'"
Here, McDaniels has not shown a genuine issue of material fact that PCCS honestly believed that Wolff, Leright, and Oakes all had greater maintenance skills than McDaniels. Also, McDaniels has not established a genuine issue of material fact over whether the selection of Wolff, Leright, or Oakes amounted to a prextext for gender discrimination.
For the reasons stated above, PCCS's motion for summary judgment is GRANTED. This case is DISMISSED.
SO ORDERED.