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District of Columbia Housing Authority v. District of Columbia Office of Human Rights8/25/2005
st make a prima facie showing of unlawful discrimination by a preponderance of the evidence. "The prima facie showing, when made, raises a rebuttable presumption that the employer's conduct amounted to unlawful discrimination." Hollins, 760 A.2d at 571. An employee makes a prima facie showing by presenting evidence: (i) that he belongs to a [protected class]; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant's qualifications.
McDonnell Douglas Corp., 411 U.S. at 802. If the employee makes a prima facie showing of discrimination, "the burden shifts to the employer to rebut it by articulating 'some legitimate, nondiscriminatory reason for the employment action.'" Hollins, 760 A.2d at 571 (citations omitted). "The employer can 'satisfy its burden by producing admissible evidence from which the trier of fact rationally conclude that the employment action [was not] motivated by discriminatory animus.'" Id. (citation omitted). If the employer sufficiently articulates a legitimate, nondiscriminatory reason, the employee then bears the ultimate burden of proving by a preponderance of the evidence, and without the benefit of the first stage presumption, that the employer's stated justification for its action was merely a pretext for unlawful discrimination. Id.
In the case at bar, DCHA argues that the record does not support the Director's finding that Brummell was qualified for the Modernization Coordinator position -- an essential element of his prima facie case. However, there was substantial evidence in the record that Brummell was qualified. He had worked as a Construction Analyst for DPAH for over four years, and the listed duties and qualifications for that job were very similar to those of Modernization Coordinator at the time Brummell was considered for the position. Both positions basically entailed overseeing the contract process for construction projects, with the caveat that a Modernization Coordinator had to possess the ability to conform projects to HUD requirements. During Brummell's lengthy tenure at DPAH, much of his work involved construction contracting, and he received excellent performance ratings and supervisory appraisals. His personnel file reflected approximately twenty years of construction experience at various levels and in various areas of responsibility. Moreover, the Director could find that Brummell's qualifications and experience were not materially different from those of the two applicants who were selected ahead of him. DCHA primarily points to Brummell's lack of a technical degree, but on the record before him, the Director properly could find that such a degree was not required for the Modernization Coordinator position when Brummell was denied it. Thus we reject DCHA's contention that Brummell failed to make a prima facie showing of unlawful discrimination.
DCHA also argues that the Director could not properly find that DPAH's asserted nondiscriminatory reasons for its decision were pretext for discrimination. Specifically, DCHA argues that neither the assertions of different rationales at different stages of the proceedings nor the apparent violations of controlling personnel rules should have been considered evidence of pretext. Further, DCHA disagrees that the explanations were in fact inconsistent with each other.
In our view, however, DCHA is merely rearguing the weight to be accorded the evidence, when the record amply supports the Director's disbelief of DPAH's proffered reasons for not selecting
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