Professional Documents
Culture Documents
No. 07-2140
IGOR BELYAKOV,
Plaintiff Appellant,
v.
MICHAEL O. LEAVITT, Secretary,
Defendant Appellee.
No. 07-2141
IGOR BELYAKOV,
Plaintiff Appellant,
v.
MICHAEL O. LEAVITT, Secretary, United States Department of
Health and Human Services,
Defendant Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Deborah K. Chasanow, District Judge.
(8:04-cv-04008-DKC)
Argued:
Decided:
PER CURIAM:
Dr. Igor Belyakov filed two actions against his former
employer, the Secretary of the U.S. Department of Health and
Human Services (DHHS), under Title VII of the Civil Rights Act
of 1964, 42 U.S.C. 2000e et seq.
national
origin
discrimination.
The
district
court
entered summary judgment for DHHS in both cases, which have been
consolidated on appeal.
We affirm.
I.
See Holland v.
Wash. Homes, Inc., 487 F.3d 208, 210 (4th Cir. 2007).
began
working
in
December
of
1996
as
senior
Belyakov
postdoctoral
Belyakov
The openings
committee
that
includes
among
its
membership
by
NIHs
Deputy
Director
of
Intramural
Research.
or
Branch
committee.
with
the
open
position
will
serve
on
the
is
to
the
reviewed
guidelines,
by
the
Lab
this
or
short
Branch
that
the
Scientific
Director
list
Chief,
of
who
The guidelines
of
the
relevant
guidelines
specifically
note
that
modifications
to
these
and
expertise
level
desired
in
the
individual
ultimately selected.
The
search
process
used
to
fill
the
mucosal
modified
contemplated
in
that
one
Dr.
significant
Henning
respect.
Birkedal-Hansen
The
guidelines
as
Scientific
In this
The procedures
guidelines.
Wahl
initially
drafted
list
of
search
guidelines.
Director,
That
list
Birkedal-Hansen,
was
and
approved
NIHs
by
the
Deputy
Scientific
Director
of
molecular
created
for
Belyakov
to
immunologist
that
position
present
position.
had,
seminar
in
when
The
committee
already
scheduled
fact,
search
the
mucosal
immunologist
search committee informed Wahl that Belyakov was also one of its
top candidates.
for
both
Belyakov
search
positions,
give
Wahl
single
committees.
suggested
seminar
The
attended
committees
interview him.
6
to
the
by
would
committees
members
then
of
that
both
separately
as
did
his
interviews
with
the
molecular
immunologist
Early in the
record
interviews
does
with
not
Wahl
make
clear
and
which
Tabak
position
related
to
or
Belyakovs
whether
the
his interview with Tabak, Tabak told him that there were too
many
Russians
Belyakov
at
NIDCR
presented
questions.
already.
his
Following
dual
the
J.A.
purpose
seminar
440.
seminar
Belyakov
Thereafter,
and
answered
met
with
the
individually
laboratory.
with
senior
investigators
working
in
Wahls
is
no
indication
that
he
interviewed
Belyakov
in
his
molecular
immunologist
search
committee
who
in
turn
Birkedal-Hansen.
recommended
one
of
those
candidates
to
Dr.
Wanjun
Chen
7
and
attending
his
seminar
presentation.
interview Belyakov.
committee
attended
seminar
and
one
member
of
the
In that discussion
committee
wrote
letter
to
Wahl
indicating
that
the
J.A. 544.
committee
immunologist
had
position
recommended
and
that
Chen
she
and
for
the
mucosal
Birkedal-Hansen
had
staff
search
began
committee
irregularities.
contacting
to
and
determine
interviewing
whether
members
there
of
were
the
any
By
for
the
position.
Shortly
thereafter,
Gottesman
The
Belyakov filed a
complaint
alleged
national
origin
discrimination
withdrew
his
age
discrimination
claim.
DHHS
filed
He
a
pursuing
his
EEO
action,
Belyakov
continued
259-60.
inequitably
authorship
by
Belyakov
alleges
limiting
his
opportunities,
and
that
resources,
sick
Berzofsky
access
leave.
treated
to
During
him
equipment,
this
time
had
rejected
his
submission,
even
though
Berzofsky
had
J.A.
283.
Berzofsky issued an official reprimand to Belyakov in
May 2005.
and
lost
that
his
undermined
temper
Berzofskys
over
several
authority;
decisions
and
that
Berzofsky
Belyakov
made
with
In
because
of
national
origin
discrimination.
On
April
4,
The
Belyakov filed a
He alleges illegal
Belyakov also
judgment
in
both
cases.
The
court
also
denied
first
address
Belyakovs
claim
that
his
rights
under Title VII were violated when he was not selected for the
mucosal immunologist position in the Oral Infection and Immunity
Branch of NIDCR because of national origin discrimination.
We
if
interrogatories,
the
and
pleadings,
admissions
on
Summary judgment is
depositions,
file,
answers
together
with
to
the
P. 56(c)); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322
(1986).
the light most favorable to the nonmoving party and draw all
reasonable inferences in his favor.
Inc., 477 U.S. 242, 255 (1986).
is
probative,
not
granted.
significantly
summary
judgment
may
be
discriminate
compensation,
because
of
against
terms,
such
any
individual
conditions,
individuals
national origin.
or
race,
with
respect
privileges
color,
of
his
employment,
religion,
42 U.S.C. 2000e-2(a)(1).
to
sex,
or
Belyakov may
probative
of
discriminatory
purpose
or
(2)
by
373,
district
391-92
court
(4th
that
discrimination
to
Cir.
there
2001).
was
withstand
Belyakov
sufficient
summary
argued
direct
judgment
to
evidence
and,
in
the
of
the
was
not
in
light
of
sufficient
direct
evidence of discrimination.
evidence
To
overcome
summary
of
discriminatory
judgment
purpose,
by
Belyakov
proving
must
direct
point
to
contested
Recreation
Fuller
employment
Club,
v.
180
Phipps,
Discriminatory
decision.
F.3d
67
purpose
598,
F.3d
need
Brinkley
607
(4th
1137,
1142
not
be
the
Cir.
v.
Harbour
1999)
(quoting
Cir.
1995)).
(4th
sole
reason
for
the
too
many
Russians
at
evidence of discrimination.
NIDCR
already
constitutes
direct
there must also be a showing that Tabak was responsible for the
decision
present[]
not
to
hire
sufficient
Belyakov.
evidence
to
[T]he
establish
plaintiff
[must]
that
person
[the
Inc., 354 F.3d 277, 288-89 (4th Cir. 2004) (citing Reeves v.
Sanderson, 530 U.S. 133, 151-52 (2000)).
Gottesman
whose
approval
14
was
required
in
order
to
finalize
Chens
appointment
to
the
mucosal
immunologist
position.
Belyakov agues that Gottesman may have been the actual
decisionmaker with respect to the decision to hire Chen, but not
with respect to the non-selection of Belyakov.
Belyakov had
already been eliminated from the search process by the time the
decision reached Gottesman.
under
Title
VII
by
virtue
of
the
fact
that
non-
that
Tabak,
who
was
allegedly
acting
with
Belyakov.
Tabak
attended
Belyakovs
seminar
and
But a number
pertinent
unaffiliated
interviewed
these
field
with
the
Belyakov
scientists
of
research.
molecular
that
were
senior
immunologist
day.
involved
15
Five
There
is
in
any
search
no
scientists
committee
suggestion
search
that
committee
decisions.
Thus,
the
fact
that
someone
participated
as
an
select
Belyakov.
The
search
committee
chair
sent
were
excellent
young
scientists
with
very
considerable
promise, but that, of the two candidates, Dr. Wanjun Chen was
judged to be a somewhat stronger candidate.
J.A. 544-45.
It
made clear that the committee considered Dr. Wanjun Chen as the
top candidate.
J.A. 545.
committee
and
recommendation
of
Wahl
to
select
Chen.
to
in
Gottesman.
a
Gottesman
perfunctory
way.
did
not
Rather,
approve
he
Chens
responded
to
member
of
the
search
committee
to
determine
whether
inquiry
suggests
decisionmaker,
that
and
Gottesman
there
is
was
no
truly
evidence
the
that
final
he
bore
the
EEOC
declined
to
in
January
renew
2006
Belyakovs
Staff
that
Berzofsky
Scientist
position
had
in
Belyakov later
projects,
eliminated
took
funding
opportunities
on
away
for
projects,
resources,
projects,
prevented
eliminated
prevented
job
training,
authorship
applications
from
were
retaliation
also
taken
in
for
his
prior
EEO
activity.
The district
court
ground
dismissed
the
additional
17
claims
on
the
that
The court
Postal
Belyakovs
Serv.,
formal
665
F.2d
complaint
482,
alleged
491
that
(4th
his
Chisholm v.
Cir.
Staff
1981).
Scientist
He
away
projects,
resources,
and
training;
eliminated
proceeding;
formally
issued
made
false
Belyakov
accusations
an
official
of
sabotage;
reprimand
--
and
were
18
We
agree
that
administrative
investigation
of
the
This
renew
decision
Belyakovs
letter
appointment.
discusses
the
Indeed,
official
the
EEOCs
reprimand
in
final
detail.
projects,
resources,
opportunities,
hindered
accusations
sabotage
of
employment
investigation
would
training,
job
are
decisions
applications,
outside
that
have
funding,
covered
the
and
and
scope
reasonable
in
light
of
authorship
made
of
the
false
major
administrative
Belyakovs
EEO
complaint.
Belyakov also argues that the affidavit he submitted
to the EEOC on April 7, 2006, was sufficient to administratively
exhaust the claims he failed to raise in his original complaint.
Belyakov argues that such an affidavit should shape the scope of
a reasonable EEOC investigation.
Even if we were to
adopt
not
this
principle,
the
affidavit
19
was
sufficient
to
require
an
expansion
of
the
scope
of
the
administrative
The ten-
disagreements
between
Belyakov
and
Berzofsky.
of
efforts
to
sift
through
Belyakovs
numerous
from
Berzofsky
and
Employee
and
Labor
Relations
affidavit.
might
affect
Even
the
assuming
scope
that
of
complainants
reasonable
affidavit
administrative
We thus conclude
of
Title
VII,
the
dismissed
on
the
ground
that
remaining
they
exhausted.
20
were
claims
not
were
properly
administratively
B.
We
proceed
to
consider
whether
the
claims
that
U.S.
792,
803-05
(1973),
for
evaluating
claims
of
If a
articulate
legitimate
nondiscriminatory
reason
for
the
If the employer
for
discrimination.
Id.
at
285
(citing
Reeves
v.
establish
prima
facie
case
of
retaliation,
the
adverse
employment
action.
Laughlin
v.
Metro.
Wash.
Belyakovs
See Price
21
Issuing an
adverse
reasonable
employment
worker
discrimination.
from
actions;
making
both
or
would
dissuade
supporting
charge
a
of
548
U.S.
53,
57
(2006)).
Finally,
evidence
that
an
Cir. 1989).
Belyakov
official
it
reprimand
May
27,
2005,
and
issued the
mostly
refers
to
Belyakov
There is thus
proof
far
from
connection,
it
conclusively
certainly
establishes
satisfies
the
22
the
less
While
requisite
onerous
Id. at 457.
facie
defendant
case
to
of
retaliation,
articulate
the
burden
legitimate,
shifts
the
non-retaliatory
to
See Reeves,
and
in
public.
Even
Belyakov
acknowledges
that
he
non-retaliatory
to
appointment.
Belyakov
and,
reason
for
later,
issuing
declining
an
to
official
renew
his
Id. at 143.
We
did
believe
not
that
Belyakov
was
confrontational,
We therefore conclude
that
insufficient
pretext
there
is
evidence
of
to
withstand
summary judgment.
Belyakov
appropriate
in
also
the
argues
that
retaliation
summary
case
judgment
because
there
was
not
was
not
of
discretion.
Harrods
Ltd.
v.
Sixty
Internet
Domain
Generally speaking,
not
had
the
opportunity
to
discover
information
summary
judgment
is
that
must
make
clear,
The party
however,
Shafer v. Preston
Meml Hosp. Corp., 107 F.3d 274, 282 (4th Cir. 1997).
If a party believes that more discovery is necessary
for it to demonstrate a genuine issue of material
fact, the proper course is to file a Rule 56(f)
affidavit stating that it could not properly oppose a
motion for summary judgment without a chance to
conduct discovery. . . . Indeed, the failure to file
an affidavit under Rule 56(f) is itself sufficient
grounds to reject a claim that the opportunity for
discovery was inadequate.
24
that
Harrods
Ltd.,
302
F.3d
at
244
(quoting
Evans
v.
Techs.
Applications & Serv. Co., 80 F.3d 954, 961 (4th Cir. 1996).
have
recognized
that
there
may
be
circumstances
when
We
the
party
adequately
must
motion
is
premature
inform[]
and
that
the
more
district
court
discovery
is
that
the
necessary.
issues
of
causal
connection
between
the
protected
427.
affidavit
sufficient
While
in
to
the
district
its
decision,
put
the
the
district
court
did
affidavit
court
on
not
was
notice
mention
in
no
that
the
event
summary
J.A.
J.A. 427.
Belyakov did
As a
we
affirm
judgment
to
DHHS
the
on
district
Belyakovs
courts
claims
grant
of
of
summary
retaliation
in
26