When Matt Meyers was promoted from group leader to acting supervisor of the Monroeville operation, Basnight filed a charge of discrimination with the EEOC. KoolVent received notice of the charge in a document dated January 10, 1994. Plaintiff accompanied Lawrence Moss when Moss met with Harvey Adams. He was treated by Dr. Bell for emotional problems relating to his employment situation.
Peterkin evaluated Basnight's performance on March 3, 1994. She scored him at a 68, or marginal candidate for promotion, and noted that he had been given a warning to write 2 resets, 2 rehashes, and 2 TV's per office and that he had not yet achieved those goals. (Def's. Ex. KK-3). At this time, Basnight was the only group leader in Pittsburgh. These quotas were new, and had not been expected of group leaders in the past. Peterkin's evaluation noted that Basnight had good work habits as long as he stayed focused.
A meeting was held in late March 1994, to discuss Basnight's low productivity. KoolVent's records show that between April 1 and April 15, 1994, Basnight repeatedly failed to meet his goals. (Def's. Ex. NN, NN-1). We find credible Peterkin's testimony that she had never before or since worked with a group leader who had lower productivity than plaintiff Basnight.
Basnight's employment was terminated on April 20, 1994 by Klinzing and Peterkin for low productivity.
By the end of 1993, the Pittsburgh Lead Center had seven group leaders: Basnight, Vrana, Lewis, Paul Jackson, Meyers, Cliff Pitts, and Mary Ellen Williams. Basnight, Jackson, Pitts, and Williams were African American. (Def's. Ex. YYY).
Williams was re-promoted to supervisor, but remained in Pittsburgh because of her health. Pitts decided that he did not want a supervisory position, and in fact stepped down from his group leader position. Lewis was not promoted and took a job as a UNIX Computer Operator at the Monroeville Roofing Lead Center at less than the $ 20,000 salary earned by all group leaders at that time.
Meyers was promoted from group leader to the acting supervisor of the Monroeville Roofing Lead Center. Basnight claims that he was passed over for promotion to this job. The evidence, as previously detailed, shows that Meyers was better qualified for this position than was any other group leader, including Basnight.
Basnight does not claim he should have been given the supervisor's position at the new Morgantown Lead Center, which went to an African-American male. Frye's first choice for supervisor in Morgantown was Peterkin, but she did not want to relocate again and instead accepted the position in Pittsburgh. Frye then promoted group leader Paul Jackson to the position of Supervisor for Morgantown. (Def's. Ex. YYY; QQQ). When Jackson was subsequently incarcerated, Kevin Kizer, an African-American TSR at the Pittsburgh Lead Center, was promoted to supervisor and transferred to Morgantown. We find credible Frye's testimony that although both Jackson and Kizer had less group leader experience than plaintiff Basnight, they were better able to assume supervisory responsibilities than either of the plaintiffs.
Thus, of the four African-Americans who were group leaders in the fall of 1993, Pitts took himself out of contention for a promotion, Williams and Jackson were promoted to supervisor, and Basnight was not promoted. Of the three Caucasian group leaders, Meyers was promoted, Vrana was not promoted and remained a group leader in Monroeville throughout this period, and Lewis was not promoted and changed jobs. There is no evidence that race was a factor in any of these employment decisions.
II. CONCLUSIONS OF LAW
In accordance with Title VII of the Civil Rights Act of 1964, as amended, an employer is prohibited from discriminating on the basis of race. The statute provides as follows:
It shall be an unlawful employment practice for an employer...to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex or national origin.