2011 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

8-2-2011

Lloyd Norman III v. Reading Sch Dist

Precedential or Non-Precedential: Non-Precedential

Docket No. 10-2147

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2011

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2011 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Lloyd Norman III v. Reading Sch Dist" (2011). 2011 Decisions. Paper 724.

http://digitalcommons.law.villanova.edu/thirdcircuit_2011/724
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

No. 10-2147

_____________

DR. LLOYD NORMAN, III, 

 Appellant

v.

THE READING SCHOOL DISTRICT

_____________

On Appeal from the United States District Court

for the Eastern District of Pennsylvania

(No. 08-4266)

Magistrate Judge: Hon. Lynne A. Sitarski∗

Lloyd Norman appeals the District Court’s grant of summary judgment to the 

Reading School District (“RSD”) on his claims for age and racial discrimination and 

retaliation for filing a complaint with the Pennsylvania Human Relations Commission. 

Submitted March 15, 2011

Before: RENDELL, BARRY, and CHAGARES, Circuit Judges.

(Filed: August 2, 2011)

____________

OPINION 

____________

CHAGARES, Circuit Judge.

 ∗ Both parties consented to the exercise of jurisdiction by Magistrate Judge Sitarski 

pursuant to 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. 
2

Norman contends that he was passed over for multiple positions in the RSD based on the 

RSD’s discriminatory animus. For the reasons that follow, we will affirm the judgment 

of the District Court. 

I. 

We write for the parties’ benefit and recite only the facts essential to our 

disposition. Dr. Lloyd Norman is a fifty-eight year old African American male who has a 

Master’s degree in Special Education and a Doctorate in Educational Administration. 

Norman also has completed a certificate program and received a Superintendent’s Letter 

of Eligibility. Norman worked as a teacher in the School District of Philadelphia for over 

twenty years, in addition to his role as an adjunct university professor. In 1997, Norman 

was hired as a teacher in the RSD and within a year was promoted to Dean of Students. 

In 1998, Norman began his role as Vice Principal at Reading High School. In 2000, 

Norman filed a complaint with the Pennsylvania Human Relations Commission 

(“PHRC”) alleging that he was discriminated against based on his race because the RSD 

tried to lower his salary without a meritorious basis. Norman and the RSD amicably 

resolved the salary issue and Norman withdrew his complaint. Norman performed his 

role as Vice Principal at Reading High School through 2008. From June 2008 until the

time of this appeal, Norman was employed as the Principal of Southwest Middle School 

after the Superintendent transferred Norman into the position.

The RSD School Board consists of nine publicly elected members who serve four 

staggered terms. When the RSD has an open position, it is standard procedure for the 

Superintendent to post the position. However, the Superintendent has the authority to 
3

transfer Vice Principals and Principals among open positions as needed. When a position 

is posted, the RSD administration selects who to interview, conducts the interviews and 

makes recommendations to the Superintendent based on their evaluation scores. The 

Superintendent then interviews potential candidates and makes a recommendation to the 

RSD Board. The Board votes on whether to accept the Superintendent’s 

recommendation and has the ultimate authority to extend an offer to a candidate. 

In January 2007, RSD promoted Joel Brigel to the position of Principal of 

Southern Middle School. The open position was never posted since Brigel’s promotion 

came via a Superintendent transfer. Brigel was a thirty-five year old Caucasian male 

with a Master’s degree in Education and Principal’s certificate. Brigel had been a highly 

effective Vice Principal for two years at Southern Middle School and prior to this 

position was a teacher at the school for six years. The Superintendent found that Brigel 

would be a good fit to return to the school where he had been an effective Vice Principal. 

In March 2007, Norman applied for the position of Director of Special Education. 

The RSD eventually hired Mark McIntyre, a forty-four year old Caucasian male for the 

position. McIntyre had a Master’s degree in Education and an Education Specialist

degree in School Psychology. He also had years of administrative experience as Director 

of Special Education and Assistant Director of Special Services. The RSD administration 

appointed a committee, which consisted of three individuals, two of whom were African 

American, and the committee scored McIntyre higher than Norman based on his 

knowledge of special education specific practices and his ideas to implement certain 

special education mandates. The committee concluded that Norman did not have the 
4

requisite technical knowledge and expertise for the position and noted that he struggled to

answer questions regarding requirements of new public law, terminology for 

individualized education programs, and related special education issues. 

In May 2007, the RSD promoted Alex Brown to Principal of Northeast Middle 

School. The open position was never posted at the time of Brown’s promotion. 

However, the position was posted in 2006, but Norman never applied and the RSD could 

not find suitable candidates. Brown was a thirty-two year old African American male 

with prior experience as a Vice Principal. Brown had not earned his Principal certificate. 

In July 2007, Norman applied for the position of Principal of Southwest Middle 

School. In 2006, the RSD had offered Norman the Vice Principal position at Southwest 

Middle School with the promise of transitioning him into the Principal position within six 

months when the current Principal retired. Because being Vice Principal of a middle 

school was less prestigious than Vice Principal of a high school, Norman turned down 

this prior offer. In 2007, RSD ultimately selected Michelle Wiley, a fifty-two year old 

African American female. Wiley did not have a Doctorate degree, but had earned a 

Master’s degree and a Principal’s Certification in Educational Administration and had 

three years of experience as a school administrator. Wiley scored better than Norman in 

the interview process. The interview committee noted that Norman was unable to 

provide an explanation of the anchors or content of elementary education and was not 

aware of the school’s status, scores or No Child Left Behind (“NCLB”) improvement 

plan. Additionally, it appeared that Norman had never visited the school. 
5

Around the same time, Norman applied for the position of Director of Elementary 

Education. The School District hired Eric Turman, a thirty-six year old African 

American male. Turman had initially applied and interviewed for the position of Director 

of Secondary Education, but the administration believed he was a good candidate for the 

Director of Elementary Education. Turman had a Master’s degree and Principal’s 

Certification and had prior Principal experience. The interview committee noted that 

during the interview process Norman did not demonstrate any evidence of elementary 

experience, a working knowledge of the current NCLB status of RSD schools, or any 

knowledge of curriculum standards. 

Also in July, Norman applied for the position of Director of Secondary Education. 

The School District hired Dr. Robin Laysears-Smith, a forty-seven year old African 

American female. Laysears-Smith scored higher marks than Norman during the 

interview process. Again, the interview committee noted that Norman did not 

demonstrate a comprehensive knowledge of the curriculum standards and presented no 

vision or plan for the position. 

Almost a year later in March 2008, Keith Stamm, a member of the Reading School 

Board, posted inappropriate comments about Norman on his blog. The RSD Board 

passed a resolution in March 2008 denouncing Stamm’s conduct and statements. The 

Resolution distanced the RSD from Stamm’s comments and explained that the RSD does 

not condone or participate in any activity which reflects a negative view on any ethnic 

group. 
6

On September 4, 2008, Norman filed suit alleging age and racial discrimination 

and retaliation. On March 30, 2010, the District Court granted summary judgment to 

RSD on all claims. Norman filed a timely notice of appeal. 

II.

The District Court had jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1367, and 

we have appellate jurisdiction pursuant to 28 U.S.C. § 1291. Our review of the District 

Court’s grant of summary judgment is plenary, and we apply the same legal standard as it 

should have. Vitalo v. Cabot Corp., 399 F.3d 536, 542 (3d Cir. 2005). A party is entitled 

to summary judgment “if the movant shows that there is no genuine dispute as to any 

material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 

56(a). In conducting our analysis, we must view the record in the light most favorable to

Norman, and must draw all reasonable inferences in his favor. See Vitalo, 399 F.3d at 

542. To defeat summary judgment, however, Norman must “show[] that the materials 

cited do not establish the absence . . . of a genuine dispute.” Fed. R. Civ. P. 56(c)(1).

III.

Norman contends that he was the most qualified candidate for the six open 

positions at issue from January to July 2007, and failed to obtain a position because the 

RSD discriminated against him based on his race and age and retaliated against him 

based on his 2000 PHRC complaint. He alleges that the entire interview process was a 

sham as the RSD Board predetermines the successful candidate based on its particular

discriminatory animus. 
7

A.

Under Title VII, it is unlawful 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.” 42 U.S.C. § 2000e-2(a). In the 

absence of direct evidence of discrimination,1

 1 Norman maintains that he has provided direct evidence of discrimination such that this 

Court should apply the standard set forth in Price Waterhouse v. Hopkins, 490 U.S. 228, 

277 (1989). We agree with the District Court that Norman has not provided direct 

evidence that race, age or filing of his PHRC complaint was a substantial factor in RSD’s 

employment decisions. Norman bases his claims on circumstantial evidence and, 

therefore, his claims will be analyzed under the burden-shifting framework of McDonnell 

Douglas Corp. v. Green, 411 U.S. 792 (1973). 

a plaintiff may prove discrimination 

according to the burden-shifting framework set forth in McDonnell Douglas Corp. v. 

Green, 411 U.S. 792 (1973). Under McDonnell Douglas, the plaintiff bears the initial 

burden of establishing a prima facie case of unlawful discrimination. Id. at 802. If the 

plaintiff succeeds, the burden of production shifts to the employer to articulate a 

legitimate, nondiscriminatory reason for its decision. Id. Once the employer meets its 

“relatively light burden,” the burden of production returns to the plaintiff, who must show 

by a preponderance of the evidence that the employer’s proffered reason is pretextual. 

Fuentes v. Perskie, 32 F.3d 759, 763 (3d Cir. 1994). Accordingly, once an employer has 

proffered a legitimate, nondiscriminatory reason, the plaintiff “generally must submit 

evidence which: 1) casts sufficient doubt upon each of the legitimate reasons proffered 

by the defendant so that a factfinder could reasonably conclude that each reason was a 

fabrication; or 2) allows the factfinder to infer that discrimination was more likely than 
8

not a motivating or determinative cause of the adverse employment action.” Id. at 762. 

Because the ultimate issue is whether “discriminatory animus” motivated the employer, it 

is not enough to show that the employer made a “wrong or mistaken” decision. Id. at 765 

(citations omitted). Rather, the plaintiff must uncover “weaknesses, implausibilities, 

inconsistencies, incoherencies, or contradictions” in the employer’s explanation that 

would allow a reasonable factfinder to believe that the employer did not truly act for the 

asserted reason. Id.

Norman argues that the RSD discriminated against him on the basis of his race by 

filling two positions he applied for with Caucasian individuals. To maintain a prima 

facie case for racial discrimination, Norman must show that (1) he is African American; 

(2) he was qualified for the position; (3) he was not hired for that position; and (4) 

similarly situated persons who are not African American were treated more favorably. 

Jones v. Sch. Dist. Phila., 198 F.3d 403, 410-11 (3d Cir. 1999). 

We conclude that Norman has established a prima facie case of racial 

discrimination as to RSD’s filling of the two positions. However, RSD has proffered 

legitimate, nondiscriminatory reasons for hiring Joel Brigel for one position and Mark 

McIntyre for the other.

2

 2 Norman argues that RSD’s evaluation forms should not be considered by this Court in 

determining whether RSD had a legitimate business reason for their employment 

decisions because such forms are purely subjective. We are not persuaded by this 

argument or Norman’s contention that the interview process was a sham as he has 

provided no evidence beyond speculation that the scores were in any way discriminatory 

or fabricated. 

RSD explained that it hired Brigel based on his credentials and 

his prior success as a Vice Principal in the same school. Likewise, RSD proffered that 
9

McIntyre was hired over Norman because he was equally qualified and the committee 

was impressed with his knowledge of special education specific practices and his ideas to 

implement certain special education mandates. We agree with the District Court that 

Norman has not provided a genuine issue of material fact that RSD’s reasons for its 

employment decisions were a pretext for racial discrimination. Therefore, we will affirm 

the District Court’s grant of summary judgment as to Norman’s racial discrimination 

claims.

B.

Norman argues that the RSD discriminated against him on the basis of his age by 

filling the six positions with younger employees. In order to establish a prima facie case 

of age discrimination, Norman must show that he: (1) is over forty years old; (2) is 

qualified for the position in question; (3) was not hired for the position; and (4) the 

position was awarded to someone sufficiently younger to permit an inference of age 

discrimination. Brewer v. Quaker State Oil Ref. Corp., 72 F.3d 326, 330 (3d Cir. 1995). 

A prima facie showing creates a presumption of age discrimination that the RSD then can 

rebut by presenting a legitimate, nondiscriminatory reason for the adverse employment 

decision. Id. If the RSD can proffer a legitimate, nondiscriminatory reason, the burden 

shifts to Norman to show that the RSD’s stated reasons are not the true reasons, but 

merely a pretext for discrimination. Id. 
10

Assuming Norman can make a prima facie case for age discrimination,3 Norman 

cannot maintain a claim for age discrimination because he has not shown that the RSD’s 

reasons for its employment decisions were pretext for discrimination. RSD proffered that 

each hiring decision was based on the fact that the candidate had comparable credentials, 

displayed a more comprehensive knowledge of the curriculum standards, and performed 

better in the interview than Norman. Norman rests his argument on the fact that he is 

more qualified and experienced than the candidates hired and concludes, based on this 

alone, that the RSD must be discriminating against him because of his age. 

Unfortunately, a showing that the employer’s decision was wrong or mistaken does not 

suffice for establishing pretext. See Fuentes, 32 F.3d at 765. Therefore, we conclude that 

Norman has failed to establish a claim for age discrimination and, hence, we will affirm 

the District Court’s grant of summary judgment on that claim.

4

Norman alleges that RSD retaliated against him by rejecting his applications for 

positions based on his 2000 PHRC complaint. To establish a prima facie case of 

retaliation, a plaintiff must show: (1) he engaged in protected activity; (2) he suffered an 

 

C.

 3 Norman failed to make a prima facie showing of age discrimination in relation to the

hiring of Alex Brown because Norman never applied for the position. The position at 

Northeast Middle School was open for an extended period of time and Norman never 

made a formal application for the position nor adequately conveyed his interests in this 

particular position. As a result, the RSD never rejected Norman’s candidacy for the 

position. 

4 Norman contends that all six employment rejections need to be considered as a whole 

and not individually in determining discrimination based on race and age. We are not 

convinced by this “totality of circumstances” argument, and even if we applied such a 

standard, Norman has failed to show a pattern of pretextual behavior.
11

adverse employment action; and (3) a causal link exists between the protected activity 

and the adverse employment action. Jalil v. Avdel Corp., 873 F.2d 701, 708 (3d Cir. 

1989). Once a plaintiff establishes a prima facie case for retaliation, the defendant must 

articulate a legitimate, non-retaliatory reason for the decision. Id. If a legitimate, nonretaliatory business reason is proffered, the plaintiff then must show evidence of the 

employer’s discriminatory motive, and demonstrate that the legitimate reason was merely 

a pretext for the underlying discriminatory motive. Moore v. City of Phila., 461 F.3d 

331, 342 (3d Cir. 2006). 

Norman has failed to sustain a prima facie claim for retaliation because there is no 

causal link between his filing of a complaint in 2000 and the rejection of his applications 

in 2007. We have recognized that the two main factors in showing a causal link for 

retaliation are temporal proximity and evidence of ongoing antagonism. See Abramson 

v. William Paterson Coll., 260 F.3d 265, 288 (3d Cir. 2001). Norman’s PHRC complaint 

was filed seven years prior to the RSD’s employment decisions and there was no

evidence of a pattern of antagonism in the intervening period. Therefore, we conclude 

that there is no causal connection between Norman’s filing of the PHRC complaint and 

the RSD’s subsequent employment decisions. Even assuming a prima facie case of 

retaliation could be established, Norman has failed to show that the RSD’s proffered 

reasons for choosing other candidates over Norman were merely pretext for its 

underlying discriminatory motive. Accordingly, we will affirm the District Court’s grant 

of summary judgment on Norman’s retaliation claim.
12

IV.

For the foregoing reasons, we will affirm the judgment of the District Court.