Clayton v. Vanguard Car Rental U.S.. Inc.

• Decision Date: 09 December 2010
• Docket Number: No. CIV 09–0188 JB/ACT.,CIV 09–0188 JB/ACT.
• Citation: 761 F.Supp.2d 1210
• Parties: Christine CLAYTON, Plaintiff,v.VANGUARD CAR RENTAL U.S.A., INC., Defendant.
• Court: U.S. District Court — District of New Mexico

761 F.Supp.2d 1210

Christine CLAYTON, Plaintiff,

v.VANGUARD CAR RENTAL U.S.A., INC., Defendant.

No. CIV 09–0188 JB/ACT.

United States District Court, D. New Mexico.

Dec. 9, 2010.

J. Edward Hollington, J. Edward Hollington & Associates, P.A., Albuquerque, NM, for Plaintiff.Bradford C. Berge, Jacqueline E. Davis, Holland & Hart, LLP, Santa Fe, NM, Brian Mumaugh, Holland & Hart, LLP, Greenwood Village, CO, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Vanguard's Motion for Summary Judgment, filed October 8, 2010 (Doc. 134) (“Motion”). The Court held a hearing on November 8, 2010. The primary issues are: (i) whether Plaintiff Christine Clayton has established a genuine question of material fact whether she was discriminated against on the basis of her gender in violation of Title VII, 42 U.S.C. § 2000e–2 and the New Mexico Human Rights Act, NMSA 1978, § 28–1–7 (“NMHRA”); (ii) whether Clayton has established a genuine question of material fact whether she was discriminated against on the basis of her age in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 to 634 (“ADEA”) and the NMHRA; (iii) whether Clayton can establish a prima-facie case under the Equal Pay Act, 29 U.S.C. § 206(d) (“EPA”), and, if Clayton can establish a prima-facie case, whether Defendant Vanguard Car Rental U.S.A., Inc. has sufficiently established that the wage disparity was justified such that no rational jury could find to the contrary; (iv) whether there is an issue of fact whether Vanguard's Associate Handbook or practices created an objectively reasonable expectation that employees would be terminated only after progressive discipline or whether Vanguard's anti-discrimination policy created an implied contract; and (v) whether there is an issue of fact whether Vanguard failed to follow any agreement regarding progressive discipline, and whether there is an issue of fact whether Clayton has a claim under the implied-covenant-of-good-faith-and-fair-dealing for Vanguard's failure to follow its antidiscrimination policy. The Court finds that Clayton has established the elements of a prima-facie case of age discrimination under the ADEA and of gender discrimination under Title VII. Vanguard has offered a legitimate nondiscriminatory reason for Clayton's termination, but there is a genuine issue of material fact whether Vanguard's proffered reason for Clayton's termination is pretextual. There is also evidence that Vanguard's legitimate nondiscriminatory reason for Clayton's termination is pretext for gender discrimination, because there are genuine issues of material fact whether Jeremy Ham was biased on account of Clayton's gender and whether Ham's actions caused, in part, Clayton's termination. The Court will therefore deny Vanguard's request that it grant summary judgment on Clayton's federal discrimination claims. Because the Supreme Court of New Mexico has stated that it looks to federal civil rights adjudication for guidance in interpreting the NMHRA, and because the parties incorporate their arguments and analysis regarding Clayton's federal discrimination claims into their arguments regarding Clayton's NMHRA claims, the Court will deny Vanguard's request that it grant summary judgment on Clayton's claims under the NMHRA. The Court finds that Clayton has established a prima-facie case that the male who replaced her was paid more for substantially equal work, but it also finds that Vanguard has proved that he was paid more for factors other than sex. The Court finds that Clayton has not established a prima-facie case that she was paid less than male general managers in other markets for substantially equal work, because she has not demonstrated that the other general managers performed substantially equal work. The Court will therefore grant summary judgment on Clayton's EPA claim. The Court will not grant summary judgment on Clayton's breach-of-implied-contract claim regarding progressive discipline, because there is a genuine issue of material fact whether the Associate Handbook and Vanguard's employment practices created an objectively reasonable expectation that Vanguard would use progressive discipline, except in cases of serious offenses such as theft, and there is a genuine issue of material fact whether Clayton's offense was a serious offense. Although it may be that the Court need not decide Clayton's breach-of-implied-contract claim regarding Vanguard's anti-discrimination and investigation policy, the Court finds that there is no genuine issue of fact whether Vanguard's policies created an implied contract. The Court will not grant summary judgment on Clayton's implied-covenant-of-good-faith-and-fair-dealing claim, because there is a genuine issue of material fact whether Vanguard deprived Clayton of the benefits of its agreement regarding progressive discipline. Although it may be that the Court need not decide whether it should grant summary judgment on Clayton's implied-covenant-of-good-faith-and-fair-dealing claim related to Vanguard's anti-discrimination and investigation policies, it finds that there is not a genuine issue of material fact regarding this claim. The implied covenant of good faith and fair dealing that arises out of the implied contract of employment regarding Vanguard's discipline policies would not cover Clayton's claim that Vanguard did not follow its anti-discrimination or investigation policies.

Under New Mexico law, an implied contract of employment covers only those matters on which there were representations sufficiently specific for a reasonable employee to rely. Any implied contract of employment that Vanguard would follow progressive discipline covers only matters regarding progressive discipline and not discrimination or investigation of discrimination. Although the Court may not need to decide the issues, the Court finds that Vanguard's anti-discrimination and investigation policies would not create an implied contract, because they are not sufficiently specific; therefore, there is no contract with which to impose on Vanguard a duty to act in good faith.

FACTUAL BACKGROUND

The Court begins by noting that the parties did not properly present the evidentiary record to the Court. D.N.M.LR–Civ. 56.1(b) states:

The memorandum in support of the motion must initially set out a concise statement of all material facts as to which movant contends no genuine issue exists. The facts must be numbered and must refer with particularity to those portions of the record upon which movant relies.

A memorandum in opposition to the motion must contain a concise statement of the material facts as to which the party contends a genuine issue does exist. Each fact in dispute must be numbered, must refer with particularity to those portions of the record upon which the opposing party relies, and must state the number of the movant's fact that is disputed. All material facts set forth in the statement of the movant will be deemed admitted unless specifically controverted.

D.N.M. LR–Civ. 56.1(b).¹ Vanguard set forth twenty pages of allegedly undisputed material facts. In responding to Vanguard's asserted undisputed material facts, Clayton often disputed a fact by citing to a range of pages in her Response, which contained citations to the record interspersed with legal argument and case law, as evidence that the fact was disputed. Clayton asserted additional facts in her Response, but did not set them forth as additional undisputed material facts. Vanguard did not address any of these additional facts as undisputed material facts; therefore, it was not clear to the Court whether these additional facts were disputed. The Court has done the best it can on the record before it. “It is not the job of this court to search the record ... for evidence....” Adams v. Dyer, 223 Fed.Appx. 757, 762 (10th Cir.2007).1. Individuals Involved.

Clayton was born in 1958. See, e.g., Motion ¶ 1, at 5 (setting forth this fact); Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment at 35, filed October 25, 2010 (Doc. 142) (“Response”) (admitting this fact). Vanguard's predecessor, National Car Rental, hired Clayton in 1978 as a counter representative at the Albuquerque, New Mexico airport. See, e.g., Deposition of Christine Clayton at 6:9–14, 7:4–18 (taken August 25, 2009), filed October 8, 2010 (Doc. 135–1); Motion ¶ 1, at 5 (setting forth this fact); Response at 35 (admitting this fact). Clayton lists no college on her resume. See, e.g., Resume of Christine Clayton at 1, filed October 27, 2010 (Doc. 143–1); Motion ¶ 1, at 5 (setting forth this fact); Response at 35 (admitting this fact). National Car Rental promoted Clayton to lead counter agent and later airport manager. See, e.g., Clayton Depo. at 8:2–9:19; Motion ¶ 1, at 5 (setting forth this fact); Response at 35 (admitting this fact). National Car Rental then promoted Clayton to city manager in Brownsville, Texas in 1989. See, e.g., Clayton Depo. at 10:3–12, 12:2–22; Motion ¶ 1, at 5 (setting forth this fact); Response at 35 (admitting this fact).

Clayton returned to Albuquerque in 1993 as a station manager. See, e.g., Clayton Depo. at 15:2–16:1; Motion ¶ 2, at 5 (setting forth this fact); Response at 35 (admitting this fact). Clayton maintained her rate of pay despite the demotion to station manager; soon afterward National Car Rental promoted her to city manager in Albuquerque. See, e.g., Clayton Depo. at 19:1–21; Motion ¶ 2, at 5 (setting forth this fact); Response at 35 (admitting this fact). In either 2001 or 2002, National Car Rental promoted Clayton to general manager of all New Mexico operations; she remained general manager until her termination in February, 2008. See, e.g., Clayton Depo. at 22:10–14; Motion ¶ 2, at 5–6 (setting forth this fact); Response at 35 (admitting this fact). In 2003, Vanguard became Clayton's employer. See,...