Brown v. Renter's Choice, Inc., 5:98-CV-921.

• Citation: 55 F.Supp.2d 788
• Decision Date: 22 July 1999
• Docket Number: No. 5:98-CV-921.,5:98-CV-921.
• Parties: Melvin L. BROWN, Plaintiff, v. RENTER'S CHOICE, INC., Defendant.
• Court: U.S. District Court — Northern District of Ohio

55 F.Supp.2d 788

Melvin L. BROWN, Plaintiff, v. RENTER'S CHOICE, INC., Defendant.

No. 5:98-CV-921.

United States District Court, N.D. Ohio, Eastern Division.

July 22, 1999.

COPYRIGHT MATERIAL OMITTED

John Alan Tucker, Malyuk, Tucker & Gingrich, Akron, OH, for Melvin L. Brown, plaintiff.

Kenneth B. Stark, Barry Yale Freeman, Duvin, Cahn & Hutton, Cleveland, OH, for Renter's Choice, Inc., defendant.

OPINION AND ORDER

GWIN, District Judge.

On April 20, 1998, Plaintiff Melvin L. Brown filed this age discrimination case against his former employer, Defendant Renter's Choice, Inc. [Doc. 1]. Plaintiff Brown makes claim under the federal Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq. Brown also makes claim under Ohio's discrimination statute, Ohio Revised Code § 4112.01, et seq., and for wrongful discharge violating public policy.¹

On January 19, 1999, Defendant Renter's Choice filed a motion for summary judgment against Plaintiff Brown pursuant to Fed.R.Civ.P. 56 [Doc. 25]. Renter's Choice seeks judgment on Brown's claims (Counts I and II), contending that Brown has failed to establish a prima facie case of age discrimination. Renter's Choice also says Brown's public policy claim fails with his age discrimination claim because Brown does not show facts of discrimination, or because he has statutory remedies available.

For the reasons that follow, the Court finds that Plaintiff Brown fails to give direct evidence of age discrimination. The Court also finds that Brown fails to give evidence that he was qualified for his position or that the defendant's reasons for firing him were pretextual. Without such evidence, Plaintiff Brown's age discrimination and wrongful discharge violating public policy claims therefore fail.

Because Plaintiff Brown fails to show material issues of fact sufficient to survive summary judgment, the Court grants the defendant's motion for summary judgment and dismisses this action.

I. Background

Defendant Renter's Choice is in the rent-to-own business. The company rents and sells home furnishings and appliances to consumers nationwide. In April 1995, Renter's Choice acquired Crown Leasing, a similar business. In doing so, Renter's Choice continued to employ certain Crown Leasing employees. Plaintiff Melvin Brown, a regional manager with Crown, was one such employee. Renter's Choice continued to employ Brown as a regional manager for northeast Ohio until June 1996.

During Brown's tenure as a regional manager, Mr. John Dixon, a district vice president, supervised him. In June 1996, Dixon demoted Brown to a store manager position. The defendant says it demoted Brown because Dixon was dissatisfied with the region's poor performance under Brown. From June 1996 through January 1997, Brown managed the defendant's Arlington Road store in Akron, Ohio (Store # 359). Although he did not like the demotion, Plaintiff Brown says he accepted the store manager position to preserve his salary and stock option plan.²

As store manager for the Akron store, Plaintiff Brown was responsible for meeting sales and delinquent account collection goals. Patrick Gartland supervised Brown. Gartland had replaced Brown as the new regional manager. At the time, Gartland was 27 years old and Plaintiff Brown was 46 years old. Because the Akron store was in the largest market in the northeast region, Gartland expected Brown to increase performance and profitability in the Akron area.

On January 27, 1997, Gartland fired Plaintiff Brown. Brown was an at-will employee. The defendant says it fired Brown because he did not meet performance expectations. Renter's Choice gives evidence that Brown failed to increase store sales, profit, and account collections. Renter's Choice also says it fired Brown because of customer complaints.

In response, Plaintiff Brown argues the defendant fired him because of his age. Brown argues the defendant's reasons for firing him are pretextual. Brown says that his management of the Akron store did not cause the store's poor performance. Instead, Brown suggests that earlier inherent problems existed (including the store's retail location) that plagued the store's performance and profitability. Brown argues the record evidence shows that genuine issues of fact exist to warrant trial. The Court turns to these issues.

II. Standard of Review

Pursuant to Federal Rule of Civil Procedure 56, summary judgment shall be rendered when requested if the evidence presented in the record shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In assessing the merits of the motion, a court shall draw all justifiable inferences from the evidence presented in the record in the light most favorable to the non-moving party. Woythal v. Tex-Tenn Corp., 112 F.3d 243, 245 (6th Cir.), cert. denied, ___ U.S. ___, 118 S.Ct. 414, 139 L.Ed.2d 317 (1997). However, an opponent to a motion for summary judgment may not rest upon the mere allegations or denials of his pleadings, but must set forth through competent and material evidence specific facts showing that there is a genuine issue for trial. "[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Miller v. Lorain County Bd. of Elections, 141 F.3d 252, 256 (6th Cir.), cert. denied, ___ U.S. ___, 119 S.Ct. 278, 142 L.Ed.2d 230 (1998).

Accordingly, viewing the evidence in the light most favorable to the nonmoving party, the court should determine "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson, 477 U.S. at 251, 106 S.Ct. 2505.

Applying these standards, the Court decides the defendant's motion for summary judgment.

III. Discussion

Plaintiff Brown sues Defendant Renter's Choice for age discrimination under both federal and state law. Because a plaintiff claiming age discrimination must show the same elements to make a prima facie case of age discrimination claim under state and federal law, the Court considers these claims together. The Court later addresses Brown's violation of public policy claim.

A. Age Discrimination

Under the ADEA, it is unlawful for an employer to discharge any individual 40 years of age and older or "otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age...." 29 U.S.C. § 623(a). In this case, Plaintiff Brown brings a disparate treatment claim — that is, Brown alleges that Defendant Renter's Choice treated him differently than other employees because of his age. Brown also claims that Renter's Choice falsely characterized his termination as "with cause" to deny Brown certain vested stock option benefits. In making these claims, Brown challenges the defendant's proffered reasons for firing him.

In disparate treatment cases, the Sixth Circuit has adopted a modified McDonnell Douglas test. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). To establish a prima facie case of age discrimination under the ADEA, a plaintiff must give evidence that (1) he or she is member of the protected class; (2) that he or she was subject to an adverse employment action; (3) that he or she was otherwise qualified for the particular position at issue; and (4) that a person substantially younger than the plaintiff either replaced or was chosen instead of the plaintiff. See Bush v. Dictaphone Corp., 161 F.3d 363, 368 (6th Cir.1998); Barnett v. Department of Veterans Affairs, 153 F.3d 338, 341 (6th Cir.1998), cert. denied, ___ U.S. ___, 119 S.Ct. 875, 142 L.Ed.2d 775 (1999).³

Once a plaintiff establishes a prima facie case of discrimination, the burden of production shifts to the defendant to present a legitimate nondiscriminatory reason for the adverse employment action taken. See Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078, 1082 (6th Cir.1994). If the defendant offers a legitimate nondiscriminatory reason for its action, the burden of production returns to the plaintiff to show the defendant's reasons are pretextual.⁴ A plaintiff shows pretext by producing "sufficient evidence from which the jury may reasonably reject the employer's explanation." Id. at 1083.⁵

In this case, the parties do not dispute that Plaintiff Brown satisfies the first, second and fourth elements for a prima facie case. First, Brown is a member of the protected class. He was 42 years old when the defendant fired him. Second, Brown was subject to adverse employment action. He was fired from his job. Third, the defendant replaced Brown with a substantially younger employee. When the defendant demoted Brown to store manager, Pat Gartland (age 27) replaced Brown as regional manager. Also, after Renter's Choice fired Brown as the Akron store manager, James Gamble (age 27) replaced Brown as store manager.

However, the parties do dispute the third factor for a prima facie case — whether Plaintiff Brown was "qualified for the position." Defendant Renter's Choice argues Brown fails to establish a prima facie case because he cannot show that he was qualified for the Akron store manager position at the time Renter's Choice fired him.

To make a prima facie case of age discrimination, Plaintiff Brown must show that he was qualified for his position. The test of whether an employee is qualified is whether he is meeting his "employer's legitimate expectations." Ang v. Procter & Gamble Co., 932 F.2d 540, 548-49 (6th Cir.1991). This is "measured at the time the decision to terminate is made." McDonald v. Union Camp Corp., 898 F.2d 1155, 1160 (6th Cir.1990) (citing Huhn...