Daneshvar v. Graphic Technology, Inc.
| Decision Date | 18 September 1998 |
| Docket Number | No. 97-2304-JWL.,97-2304-JWL. |
| Citation | 18 F.Supp.2d 1277 |
| Parties | Bijan DANESHVAR, Plaintiff, v. GRAPHIC TECHNOLOGY, INC., Defendant. |
| Court | U.S. District Court — District of Kansas |
Melissa A. Taylor, Shook, Hardy & Bacon L.L.P., Overland Park, KS, for Plaintiff.
Joyce R. Rosenberg, Spencer, Fane, Britt & Browne, Kansas City, MO, Mark P. Johnson, Rowdy B. Meeks, Sonnenschein, Nath & Rosenthal, Kansas City, MO, for Defendant.
Plaintiff filed suit against defendant alleging that defendant failed to promote him on the basis of his race and national origin in violation of Title VII, the KAAD and § 1981. Plaintiff further asserts that defendant retaliated against him for filing a charge of discrimination and this lawsuit. Finally, plaintiff claims that defendant violated COBRA. This matter is presently before the court on defendant's motion for summary judgment (doc. # 60). For the reasons set forth below, defendant's motion is granted in part and denied in part.
Plaintiff Bijan Daneshvar is a United States citizen of Iranian descent and national origin. In 1988, plaintiff began his employment with Graphic Technology, Inc. as an assistant press operator in the rotary department. In its rotary department, defendant produces bar code labels for shipping companies such as Federal Express and United Parcel Service, prescription labels for pharmacies, and labels found on shelves in retail stores. Plaintiff began his employment on the night shift, but moved to the day shift as soon as he became eligible (after one year of employment).
In July 1995, after plaintiff had been employed with defendant for seven years, defendant posted an opening for a building maintenance position and plaintiff applied for the position. The job posting for the building maintenance position sets forth two distinct categories of information about the position — "specific knowledge and skills required" and "specific duties and responsibilities." Welding is listed in the "specific duties and responsibilities" section of the job posting. The posting also notes that the successful applicant will complete a 90-day training period for the position. Pat Flaherty, one of defendant's production managers, informed plaintiff that he was not selected for the position because he did not know how to weld and because defendant wanted to fill the position with someone who had continuous experience in the maintenance field.
In early 1996, defendant posted an opening for a graphic design production position. According to the posting, the position required a college degree in the field of graphics and a minimum of eight years experience in the graphics field. Plaintiff did not submit an application for the position because his education and experience did not meet the minimum requirements posted. In fact, no one applied for the position at the time it was initially posted. At some point later in the year, defendant selected an employee from its tooling room for the graphic design production position without posting the position again. The successful candidate did not have a college degree.
Defendant's selection of a tooling room employee for the graphic design production position resulted in an immediate opening for a tooling room technician. Defendant posted an opening for this position in July 1996 and plaintiff submitted an application. A panel of three persons interviewed plaintiff and the other candidates for the position. According to defendant, plaintiff was not selected for the position because the interview team determined that plaintiff had poor verbal communication skills, poor retention of the tooling process, low press knowledge, lack of self-dependence and would require a high degree of supervision and instruction. Bart Goodwin was selected for the position. According to the interview team, Mr. Goodwin displayed strong flexographic press knowledge, good verbal and written communication skills, previous tooling experience, good work habits, and a "highly energetic demeanor" about the position.
In October 1996, plaintiff filed a charge of discrimination with the Kansas Human Rights Commission alleging national origin discrimination based on defendant's failure to promote plaintiff to several positions. Plaintiff received his notice of right to sue and, in June 1997, filed this lawsuit. According to plaintiff, defendant failed to promote him to a press operator position after plaintiff filed his lawsuit. Although he did not submit a formal application for a press operator position,2 plaintiff informed several members of management of his desire for such a promotion. According to defendant, plaintiff was not qualified for a press operator position in any event because he failed to meet minimum baseline production standards as an assistant press operator.
On August 4, 1997, defendant terminated plaintiff's employment. Bob Armor, one of defendant's production managers, informed plaintiff that defendant decided to terminate his employment based on complaints from two employees about plaintiff's allegedly harassing behavior. One employee, Marci Randel, notified her supervisor, Pat Flaherty, that she felt "very uneasy" because plaintiff's statements to her were "increasingly becoming more personal." Another employee, Jarrod Johnson, complained to Bob Armor and Jennifer VanWagoner, defendant's Human Resources Manager, that plaintiff continued to bother him even though he told plaintiff to stop several times. Defendant did not interview plaintiff with respect to Ms. Randel's or Mr. Johnson's complaints prior to terminating his employment.
In January 1998, plaintiff filed another charge of discrimination with the Kansas Human Rights Commission. In this charge, plaintiff alleged that defendant terminated his employment in retaliation for the filing of his initial charge and subsequent lawsuit. Plaintiff also alleged that defendant failed to promote him based on his national origin.
Summary judgment is appropriate if the moving party demonstrates that there is "no genuine issue as to any material fact" and that it is "entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). In applying this standard, the court views the evidence and all reasonable inferences therefrom in the light most favorable to the nonmoving party. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670 (10th Cir.1998) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). A fact is "material" if, under the applicable substantive law, it is "essential to the proper disposition of the claim." Id. (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). An issue of fact is "genuine" if "there is sufficient evidence on each side so that a rational trier of fact could resolve the issue either way." Id. (citing Anderson, 477 U.S. at 248, 106 S.Ct. 2505).
The moving party bears the initial burden of demonstrating an absence of a genuine issue of material fact and entitlement to judgment as a matter of law. Id. at 670-71. In attempting to meet that standard, a movant that does not bear the ultimate burden of persuasion at trial need not negate the other party's claim; rather, the movant need simply point out to the court a lack of evidence for the other party on an essential element of that party's claim. Id. at 671 (citing Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).
Once the movant has met this initial burden, the burden shifts to the nonmoving party to "set forth specific facts showing that there is a genuine issue for trial." Anderson, 477 U.S. at 256, 106 S.Ct. 2505; see Adler, 144 F.3d at 671 n. 1 (). The nonmoving party may not simply rest upon its pleadings to satisfy its burden. Anderson, 477 U.S. at 256, 106 S.Ct. 2505. Rather, the nonmoving party must "set forth specific facts that would be admissible in evidence in the event of trial from which a rational trier of fact could find for the nonmovant." Adler, 144 F.3d at 671. "To accomplish this, the facts must be identified by reference to affidavits deposition transcripts, or specific exhibits incorporated therein." Id.
Finally, the court notes that summary judgment is not a "disfavored procedural shortcut;" rather, it is an important procedure "designed to secure the just, speedy and inexpensive determination of every action." Celotex, 477 U.S. at 327, 106 S.Ct. 2548 (quoting Fed.R.Civ.P. 1).
Plaintiff asserts two theories of recovery under Title VII, the KAAD and § 1981. First, plaintiff claims that defendant failed to promote him to four positions on the basis of his race and national origin.3 Second, plaintiff alleges that defendant failed to promote him to a press operator position and terminated his employment in retaliation for his filing a charge of discrimination and this lawsuit.
As an initial matter, defendant moves for summary judgment on plaintiff's Title VII and KAAD claims to the extent plaintiff alleges discriminatory or retaliatory conduct based on race. According to defendant, plaintiff failed to exhaust his administrative remedies with respect to these claims because these claims were not included in his charge of discrimination. Defendant also moves for summary judgment on plaintiff's KAAD claims arising out of plaintiff's 1998 charge of discrimination for failure to exhaust administrative remedies with respect to that charge. For the reasons set forth below, defendant's motion is denied with respect to plaintiff's Title VII and KAAD race claims and granted with respect to plaintiff's KAAD claims arising out of plaintiff's 1998 charge of discrimination.
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