Académique Documents
Professionnel Documents
Culture Documents
____________________
No. 94-2176
Plaintiff, Appellant,
v.
Defendant, Appellee.
____________________
____________________
Before
____________________
States Attorney,
____________________
Per Curiam.
___________
Fausto
disposing
against
appeals
of
his
pro
___
Plaintiff-appellant
se
__
from
claim that
entry
the
Air
of
Joseph
summary
Anthony
judgment
Force discriminated
as an administrative officer.
reasons, we
affirm.
I.
The
relevant background
forth in the
need only
provide a
at an
was
position;
and accurately
Air
one
that
Force
The
located
of eight
the
On May
candidates
candidates
were
in
Officer,
Wilmington,
establishes that
interviewed
scored
for this
after
we
29, 1984,
of Administrative
facility
set
Massachusetts.
Fausto
fully
Fausto applied
GS-11,
is
their
and that
declined for
remaining
job
was
personal reasons.
In any
event, none
restructured
as
GS-9
job and
of the
Instead, the
developmental
position,
____________________
1.
Fausto suggests,
other
interviewees
without
never
evidentiary
existed.
In
basis,
that
addition,
the
Fausto
reannounced, and
woman
who
had
been
shouldering
many
Tremblay, a
of
the
job's
remedies,
Fausto
Having
exhausted
filed suit in
John J.
Welch,
his administrative
Jr.,
Acting Secretary
alleging discriminatory
of the
parties
moved for
relying
on the
against defendant-appellee
of
the
Air
treatment in violation of
of 1964, 42
summary judgment.
three-stage,
U.S.C.
Force,
Title VII
2000e.
The district
Both
court,
burden-shifting framework
set
forth
Green,
_____
411 U.S.
of discrimination.
Force
The court
successfully
discrimination
had
rebutted
arising from
articulating a legitimate,
decision,
Fausto's
the
prima
_____
792
case
the Air
presumption
facie case
_____
of
by
candidate ranking.
Finally,
sufficient
to permit a
reasonable factfinder to
infer that
____________________
favor of
2.
Fausto
also alleges
victim of retaliation
Employment
his complaint
that he
Opportunity
in
Commission.
The
the Equal
district
was the
court
this claim on
-3-
II.
Title VII
discriminatory treatment
of burdens of proof in a
case was
limned by
the
Supreme Court in
(1993).
Where,
discrimination,
as here,
there
the plaintiff
at 802-05, and
is no
bears the
direct evidence
of
initial burden
of
establishes
employer
a prima
_____
to
S. Ct.
1958
facie case,
_____
articulate
decision.
(1995).
If the
the burden
See Smith
___ _____
Cir. 1994),
plaintiff
shifts to
the
legitimate,
non-discriminatory
See Mesnick v.
___ _______
950 F.2d 816, 823 (1st Cir. 1991), cert. denied, 504 U.S. 985
____________
(1992).
Finally, if
the
employer meets
its
burden, the
employer's
justification
at 16.
viewing
We
review the
the
therefrom, in
summary
is
a pretext
discriminatory.
grant of
evidence,
and
Woodman v.
_______
that
the
the true
summary judgment
reasonable
judgment.
and
de novo,
__ ____
inferences
Haemonetics Corp., 51
__________________
F.3d
____________________
of retaliation.
-4-
A.
Once
Fausto
discrimination,
legitimate,
decision.
made out
non-discriminatory
prima
_____
facie case
_____
was required to
reason
for
of
gender
articulate a
its
adverse
judged
the credibility of
on
Milton
______
determining that
645
F.2d 1070,
selection.
burden.
v. Weinberger,
__________
the affiants in
1079
(D.C. Cir.
other candidates
"taken as true,"
which, if
there was a
Hicks, 113
_____
S. Ct.
In Milton,
______
the
at 2748.
District
rankings of
of
Columbia Circuit
candidates before
their
held
that
the relative
interviews could
not,
the
appellants
official did
decision.
where
it was
See Milton,
___ ______
apparent
that
the selecting
on these rankings to
645 F.2d at
1079.
In the
make his
instant
final
the
rankings of
candidates after
-5-
their
interviews.
Moreover,
the
Air
Force
the
introduced
interview went
Under
other
evidence
poorly and
he lacked the
that
capacity to
B.
At
proffer
final stage,
sufficient evidence to
Fausto was
prove by a
required to
preponderance of
92.
We
Contrary to Fausto's
Force
redacted
identified them
summary judgment
these
candidates
fabricated.
Cir. Aug.
See
___
the
names
solely
of
by their
motion
the
sex
other
the Air
candidates
for purposes
of
did not
exist or
that their
9, 1995) (summary
judgment cannot be
and
its
that
scores were
at *3 (1st
defeated by
and
unsupported speculation"
(quoting Medina-Munoz
____________
v. R.J.
____
was improper
because he
submitted evidence
from which,
he
-6-
the
position
Tremblay.3
female
of administrative
The
unrebutted
candidates
restructure the
job
were
evidence
passed
makes
officer
over
improbable
than
that
in
the
was Rosemary
both
the
male
decision
inference
and
to
that
her gender.
Fausto
had
interviewed
bias was
the
lowest
renders
ranking
of
implausible the
a motivating factor
the
evidence that
eight
inference
candidates
that gender
to select
him.
(7th
grant of summary
1253
judgment where
fifth
on the
eligibility list
alleged discrimination).
Affirmed.
________
even in
the absence
of the
____________________
3.
Fausto submitted a
copy of his
form SF-171, a
standard
-7-
and a