Abdulnour v. Campbell Soup Supply Co., LLC

Citation502 F.3d 496
Decision Date19 September 2007
Docket NumberNo. 06-4590.,06-4590.
PartiesSarmad ABDULNOUR, Plaintiff-Appellant, v. CAMPBELL SOUP SUPPLY COMPANY, LLC, et al., Defendants-Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
502 F.3d 496
Sarmad ABDULNOUR, Plaintiff-Appellant,
v.
CAMPBELL SOUP SUPPLY COMPANY, LLC, et al., Defendants-Appellees.
No. 06-4590.
United States Court of Appeals, Sixth Circuit.
Argued: July 25, 2007.
Decided and Filed: September 19, 2007.

[502 F.3d 498]

ARGUED: Richard R. Malone, Malone, Ault & Farell, Toledo, Ohio, for Appellant. John J. Siciliano, Shumaker, Loop & Kendrick, Toledo, Ohio, for Appellees. ON BRIEF: Richard R. Malone, Milton E. Pommeranz, Malone, Ault & Farell, Toledo, Ohio, for Appellant. John J. Siciliano, Mechelle Zarou, Shumaker, Loop & Kendrick, Toledo, Ohio, for Appellees.

Before: COLE and GILMAN, Circuit Judges; MARBLEY, District Judge.*

[502 F.3d 499]

OPINION

ALGENON L. MARBLEY, District Judge.


I. INTRODUCTION

Plaintiff-Appellant appeals the district court's order granting summary judgment to his employer on his national origin discrimination claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and Ohio Revised Code (O.R.C.), § 4112.01. Plaintiff, an Iraqi citizen, claims that Defendants fired him based on his national origin. The parties stipulate that Plaintiff established a prima facie case and that Defendants proffered a legitimate, non-discriminatory reason for his discharge. The district court granted summary judgment after finding that Plaintiff failed to meet his burden to provide evidence that tends to show that Defendants' stated reason was pretextual. Under the standard set forth in Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078 (6th Cir.1994), the district court found that Plaintiff failed to show that Defendants' reason: (1) had no basis in fact; (2) did not actually motivate Plaintiff's termination; or (3) was insufficient to warrant Plaintiff's termination. The district court's opinion is sound and well reasoned; thus, we AFFIRM.

II. BACKGROUND

Plaintiff-Appellant Sarmad Abdulnour ("Plaintiff") is an Iraqi national who holds dual citizenship in Iraq and Canada. In 1979, Plaintiff came to the United States on a student visa to pursue an engineering degree. He received such a degree from Lawrence Technological University in Michigan and subsequently obtained a masters degree in civil engineering from Wayne State University in Michigan. After graduation, he moved to Canada to pursue his career. Plaintiff received permanent resident status in the United States in 1999 and began searching for employment in this country while living and working in Canada.

In February 2003, an employment recruiter, ITS Technologies, contacted Plaintiff regarding a job opening at Campbell Soup Supply Co., LLC ("Defendant" or "Campbell"). In March 2003, Plaintiff had a telephone interview with George Gubernath ("Gubernath"), Campbell's operations manager. Subsequently, he visited Campbell's Ohio plant and interviewed with several of his potential supervisors, including Defendant Kevin Rippee ("K. Rippee"). On March 12, 2003, Plaintiff accepted Campbell's offer of employment. Both Gubernath and K. Rippee testified that Plaintiff identified himself as an Iraqi citizen during his interviews with them. Plaintiff denies that he told his supervisors that he was of Iraqi descent prior to his first day of employment.

Plaintiff began his employment with Campbell in April 2003. He was an area supervisor in the filling department where he supervised approximately thirty employees on the canning floor. Shortly after beginning his employment at Campbell, Plaintiff attended a training program that lasted one week, but like most of Campbell's new supervisors, he did not complete the program due to the pressing needs of his department. During his second week of employment, Plaintiff also attended a course in food canning at Purdue University.

In April 2003, Plaintiff was a supervisor on the first shift. His immediate boss was K. Rippee. K. Rippee testified that he observed several problems with Plaintiff's work and fielded complaints from several employees under Plaintiff's supervision regarding Plaintiff's treatment of them and his management style in general. Specifically,

502 F.3d 500

K. Rippee alleges that Plaintiff: (1) was not on the floor enough; (2) failed to be on the floor at key times; (3) lacked an understanding of what was occurring in his area; (4) demeaned employees beneath him; and (5) exhibited poor communication skills. Defendant Operations Manager Leonard Giesige ("Giesige") confirms that he was aware of these concerns. In addition, Giesige testified that he personally observed problems with Plaintiff's job performance, including several incidents in which Plaintiff allegedly ignored a light indicating that a line was down in his area. K. Rippee testified that he met with Plaintiff on two separate occasions in May and June 2003 to discuss his concerns about Plaintiff's job performance and supervisory style. Plaintiff denies that these meetings took place.

In July 2003, Campbell transferred Plaintiff to the second shift. Defendant Alan Rippee (A. Rippee), K. Rippee's brother, was Plaintiff's immediate supervisor on this shift. Plaintiff states that he had a great working relationship with A. Rippee and that A. Rippee never discussed any problems relating to deficiencies in Plaintiff's job performance with him. A. Rippee disagrees. He testified to: Plaintiff's lack of communication skills, mistreatment of employees under his charge, absence from the floor, and personal telephone and internet usage. He specifically noted that Plaintiff was demeaning to the hourly employees and unwilling to work cooperatively with his senior coordinators.

Additionally, Fred Avalos ("Avalos") and Glen Lockhart ("Lockhart"), hourly employees and senior coordinators who served under Plaintiff, contacted Giesige about Plaintiff's supervision. They stated that Plaintiff would not work constructively with them and demeaned the hourly employees, especially women. Plaintiff allegedly berated one employee until she broke down crying. Lockhart commented that Plaintiff was "the worst supervisor ever."

Plaintiff denies demeaning his employees, making unauthorized phone calls, or otherwise performing poorly at his job. In support of these assertions, Plaintiff provides the affidavits of hourly employee and shop steward Brian Bomer ("Bomer"), and hourly employee Ardna Helberg ("Helberg"), who both testified that Plaintiff was a good supervisor and caught onto his job quickly. Plaintiff fails to note, however, that in his deposition, Bomer testified at length that, "across the board," employees under Plaintiff's supervision complained about his treatment of them.

After receiving complaints from both Plaintiff's supervisors and supervisees, Giesige decided to terminate Plaintiff. On October 14, 2003, approximately six months after Plaintiff began his employment at Campbell, Giesige asked Plaintiff and Defendant Human Resources Director Nick Martinez ("Martinez") to meet in his office. Giesige and Martinez, without citing specific misconduct, told Plaintiff that his employment was not working out due to a conflict in "management style or personality." In discussing this "personality conflict," Plaintiff alleges that Giesige said that "maybe it was the people of Northwest Ohio [who] have a problem with you." Nevertheless, Plaintiff admits that no one made any disparaging remarks about his race or national origin while he was employed at Campbell.

The parties dispute whether Plaintiff was expressly terminated on October 14, 2003. It is undisputed that Plaintiff worked for an additional week, received an additional four weeks of pay, and refused a severance package that required signing a release of liability against Campbell. On March 3, 2004, Plaintiff filed charges with the Ohio Civil Rights Commission. On

502 F.3d 501

December 16, 2004, the Commission dismissed Plaintiff's action for lack of probable cause. Plaintiff filed this action on May 6, 2005.

Plaintiff's complaint states causes of action under Title VII and O.R.C. § 4112, as well as various common law claims. The district court granted summary judgment to Defendants. For the purposes of this appeal, Plaintiff only challenges the district court's judgment as to his Title VII claim and his O.R.C. § 4112 claim.

III. STANDARD OF REVIEW

We review de novo the grant of summary judgment. Williams v. Mehra, 186 F.3d 685, 689...

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