 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
McIntyre v. Port of Seattle8/27/2001
William McIntyre's complaint for age discrimination was properly dismissed because he failed to produce sufficient evidence to show that the defendant's stated legitimate nondiscriminatory basis for the employment decision was mere pretext for a discriminatory motive. The trial court's discovery limitations were not an abuse of discretion. McIntyre's motion for reconsideration was properly denied because he failed to produce new evidence that could not have been previously discovered.
FACTS
William Mclntyre brought this age discrimination claim against the Port of Seattle after the Port's Fire Chief decided not to promote him from lieutenant to captain, and instead promoted another candidate who was the highest-ranked candidate on the captain's promotion-eligibility list.
The Port conducts periodical internal promotional testing for projected captain and lieutenant vacancies within the fire department. At the time in question, the Port and the International Association of Firefighters Local #1257 (the "Union") had agreed to a collective bargaining agreement ("CBA") that included promotional testing and selection procedures.
Through the process established by the CBA, the Port generates an eligibility list of the three top-ranking candidates. If a captain or lieutenant vacancy occurs after the eligibility list for such position is generated, the Fire Chief promotes one of the top-ranked candidates from the list. Once established, a promotional list is valid for 3 years.
On December 29, 1994, the Port notified employees of its intent to administer promotional testing for the positions of captain and lieutenant. Mclntyre, who was 49 years old at that time, and four other candidates, including Jeff Griffin and Mike Mandella, tested for a captain position. Both Griffin and Mclntyre had been lieutenants since 1990. Griffin was 34 years old.
The promotional testing process for a captain position involved three phases. Phase I was a written exam administered in January 1995 that tested the candidates' relevant factual knowledge. Phase II, which occurred in mid-February 1995, tested tactical skills, stress tolerance, interpersonal skills, organizational skills and communication skills. And Phase III, which also occurred in mid-February 1995, consisted of an evaluation by a panel of assistant chiefs and captains who used subjective and objective criteria to rate the candidates' (1) past performance and involvement at the fire department, (2) preparation for the captain's position, (3) human interaction skills, (4) leadership skills, (5) education and (6) experience. Phase III ratings were by consensus.
The promotional testing panel finalized its Phase III ratings and generated an eligibility list of the three top-ranking candidates for a captain position. The candidates' scores were based on their combined scores for Phases I, II and III. Griffin ranked highest with a final score of 83, Mandella ranked second with a final score of 82, and Mclntyre ranked third with a final score of 79. The Port published the final rankings on February 22, 1995. Mclntyre did not challenge his third-place status. In May 1995, Mandella was appointed to an assistant chief's position and removed from the captain's eligibility list, leaving Griffin and Mclntyre as the sole candidates on the list. In the meantime, Tom Barrett, who had been an assistant chief and who had been one of the promotional panelists during the testing above described, was appointed as Fire Chief in April 1995.
In early October 1995, Captain Noll indicated that he intended to retire on March 1, 1996. On October 18, 1995, Chief Barrett advised Griffin and Mclnty
Page 1 2 3 4 5 6 7 8 9 10 Washington Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|