the McDonnell Douglas test is not fully apposite, since the gist of plaintiff's complaint is that he was not considered qualified for the position of Head Printer-Proofreader because of a discriminatory evaluation. The Court therefore has considered the totality of the evidence offered by plaintiff to determine whether an inference of discrimination has been raised.
Before analyzing plaintiff MacRae's case, the Court will briefly review the procedure employed by the GPO in selecting candidates for uprate and supervisory positions. The selection process essentially involves three steps. First, all applications that do not meet the basic Civil Service Commission (CSC) requirements for a particular position are filtered out. Second, a three-member promotion panel evaluates all the remaining applications.
The promotion panel is comprised of an EEO representative (a former journeyman), a person knowledgeable in the work area of the vacancy, and a disinterested party. The promotion panel is required to select the five best qualified candidates and certify them to the selecting official. Although the panel numerically ranks the applicants in order to determine the top five candidates, it must present the five candidates in alphabetical order to the selecting official. The third step is the selecting official's recommendation of a candidate.
In determining the five most qualified candidates, the promotion panel may consider the supervisory evaluation, relevant test scores, achievement awards, leave record, prior, outside, or internal training experience, and the job criteria specifically listed in the position announcement by the placement specialist. The panel and a placement specialist must establish the factors that will be utilized to evaluate the candidates for the particular vacancy and the weight to be assigned to each of the factors. The panel is required to use the same rating scheme for each application for a given vacancy and also must not weight one factor more than three times that of another factor. Specific written guidelines further restrict the panel: The panel may not assign more than eighty-five points to a supervisory evaluation, twenty points to a "potential" rating, fifteen points to awards, ten points to outside training or activities, and fifty points to specialized experience or knowledge.
The supervisory evaluation is generally a very important factor. An employee applying for a supervisory position will be rated on seventeen factors, while only eight rating factors are filled out on the evaluation form if the position sought is nonsupervisory or noncraft. Rating factors specifically provided for on the evaluation form include quality, quantity, job or trade knowledge, ability to learn, dependability, and industry and attendance. The evaluation form also provides space for comments on the employee's potential, awards, outside training, employee's comments, attendance, and use of leave.
In analyzing plaintiff MacRae's claim of discrimination, the Court will first examine his assertion that he received an unfairly low evaluation and that this was a result of race discrimination. Plaintiff's claim to the contrary notwithstanding, the Court finds that Mr. Henson had ample opportunity to observe Mr. MacRae's work, even though Mr. Henson did not spend the majority of his time in the security room where Mr. MacRae worked most of the time. Mr. Henson was his supervisor for a period of approximately two and a half years. Mr. Henson was given security clearance on February, 1972, nineteen months prior to his evaluation of Mr. MacRae.
The Court finds no credible evidence that Mr. Henson gave Mr. MacRae an unfairly or arbitrarily low rating. Mr. Henson's evaluation (highest rating on seven factors, second highest on ten factors, and a maximum score on potential) is not inconsistent with the evidence. A number of witnesses consistently testified that Mr. MacRae was a slow, methodical, average worker. See, e.g., Tr. 269, 556-57, 606-08, 630-32. Max Solomon, who prepared a favorable supplemental evaluation, rated Mr. MacRae superior on three factors but "above average" on ability to "meet deadline dates under continuous pressure." Exh. 72.
There appears to be nothing irregular about Mr. Henson's use of the September, 1973 supervisory evaluation he prepared for Mr. MacRae's application for the position of Head Printer-Proofreader in 1974. The GPO's policy was to utilize a supervisory evaluation for a period of a year.
The Court is also unpersuaded by the statistics offered by plaintiffs to show that Mr. Henson consistently rated blacks lower than whites. The statistics were based on sixteen white employees and six black employees. The Court finds the small statistical disparity insignificant in light of the small sampling and lack of any other evidence of discrimination.
Neither the evaluation by Mr. Henson nor the rating by the promotion panel reveals that vague and subjective criteria were used in order to discriminate against plaintiff MacRae. Both the supervisor and the promotion panel must follow written guidelines in performing their functions in the selection process. The selection system, with its written standards and safeguards, is readily distinguishable from those systems disapproved in the cases cited by plaintiff. See, e.g., Rowe v. General Motors Corp., 457 F.2d 348, 358 (5th Cir. 1972). In the instant case, the rating for potential would appear to be the most susceptible to subjective application; however, Mr. MacRae received the Maximum score in this category.
There is no evidence of discrimination in the promotion panel's evaluation of plaintiff's application. Plaintiff was rated on the basis of the same four factors as all other applicants for the position of Head Printer-Proofreader: the supervisory evaluation; the supplemental evaluation; potential; and awards. Plaintiff received maximum scores on the latter two factors. Plaintiff was ranked sixth,
and, therefore, under established Civil Service procedures, his name was not submitted to the selecting official for consideration.
In conclusion, the Court finds no direct evidence of discrimination. Moreover, the Court finds no evidence of disparate treatment upon which to base an inference of discrimination. Accordingly, the Court concludes that plaintiff has failed to establish a Prima facie case of discrimination. Indeed, defendant has proved by a preponderance of the evidence that discrimination was not a factor in plaintiff MacRae's evaluation and nonselection for the position of Head Printer-Proofreader.
C. Plaintiff Hamilton.
Plaintiff Jesse Hamilton has been employed in the Composing Division as a linotype operator since 1961. He has worked mainly on the 11:30 P.M. to 8:00 A.M. night shift.
In July, 1973, plaintiff Hamilton requested training as head copy cutter,
head desk man, and any other training that would lead to an uprate position. Although his supervisor responded that he would receive training along with the others, he never received training.
Because he was denied the training he requested, Mr. Hamilton filed an EEO complaint.
Plaintiff Hamilton contends that training is essential in order to obtain a promotion and that if he had received the training he sought, he would have been more qualified for higher lever positions. He argues that the denial of training effectively limited any possibility of promotion. Plaintiff argues that, contrary to the GPO's representation, it was practically impossible to provide copy training on the late night shift; moreover, if it were not possible, plaintiff could have been detailed to an earlier shift for training. Plaintiff also claims that he was given an unfairly low score on his supervisory evaluation and this was a significant factor in his failure to be selected for the supervisory development course.
The Court finds no evidence whatsoever that plaintiff Hamilton's failure to receive training was a result of race discrimination. The overwhelming weight of the evidence supports the GPO's contention that it would severely impair productivity and efficiency if copy cutting training was provided on the late night shift. The bulk of the Congressional copy comes in around 6:00 P.M.; accordingly, the copy cutting training is generally conducted on the 6:00 and 7:00 P.M. shifts. Copy cutting training on the 11:30 shift would be difficult, since copy cutting is usually completed or almost completed at that time. Copy cutting training could slow up production and jeopardize meeting the 6:00 A.M. production deadline for the Congressional Record.
The GPO contends, and the plaintiff does not refute, that no individual, either white or black, working on the 11:30 night shift has been given copy cutting training. Indeed, Mr. Hamilton was told that if he wanted an opportunity to receive copy cutting training, he should transfer to an earlier shift. However, he did not file an application to transfer shifts, because of his belief that transfer would not guarantee that he would be given training. In 1975, when the GPO asked employees to indicate their preferred shift, Mr. Hamilton specified the 11:30 night shift.
Plaintiff contends that he could have been detailed to an earlier shift to receive training. However, the Court finds that the failure to detail plaintiff to an earlier shift for training is not evidence of discrimination. Neither white nor black employees have ever been detailed to an earlier shift for copy cutting training. Moreover, as the Supreme Court recently observed:
Title VII forbids (an employer) from having as a goal a work force selected by any proscribed discriminatory practice, but it does not impose a duty to adopt a hiring procedure that maximizes hiring of minority employees. To dispel the adverse inference from a prima facie showing under McDonnell Douglas, the employer need only "articulate some legitimate, nondiscriminatory reason for the employee's rejection." McDonnell Douglas, supra, at 802, 93 S. Ct. at 1824.