Gannon v. Narragansett Elec. Co.

• Decision Date: 06 November 1991
• Docket Number: Civ. A. No. 90-0008L.
• Citation: 777 F. Supp. 167
• Parties: Glenn G. GANNON, Plaintiff, v. The NARRAGANSETT ELECTRIC COMPANY, New England Power Company, and New England Power Service Company, Defendants.
• Court: U.S. District Court — District of Rhode Island

777 F. Supp. 167

Glenn G. GANNON, Plaintiff, v. The NARRAGANSETT ELECTRIC COMPANY, New England Power Company, and New England Power Service Company, Defendants.

Civ. A. No. 90-0008L.

United States District Court, D. Rhode Island.

November 6, 1991.

Raymond A. Marcaccio, Hanson, Curran, Parks & Whitman, Providence, R.I., for plaintiff.

Matthew F. Medeiros, Flanders & Medeiros, Inc., Providence, R.I., for defendants.

MEMORANDUM AND ORDER

LAGUEUX, District Judge.

I. INTRODUCTION

This matter is before the Court on the defendants' motion for summary judgment. Plaintiff has alleged age discrimination in violation of the federal Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634 (1988). Resolution of this motion requires the Court to apply the Supreme Court's recommended framework for allocating burdens of production and persuasion in discrimination lawsuits, as set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981).

Defendant New England Power Company ("NEP") is a wholesale electric generation and transmission company based in Westborough, Massachusetts. Defendant Narragansett Electric Company ("NEC") is NEP's Rhode Island retail affiliate. Defendant New England Power Service Company is NEP's financial subsidiary. Plaintiff Gannon was the manager of NEC's power plant in Providence, Rhode Island, until December 1, 1989, when he was transferred by NEP to a lower position at a power plant in Massachusetts. Gannon alleges that his demotion was the result of illegal age discrimination. Defendants contend that NEP demoted Gannon for poor job performance and insubordination.

A genuine dispute exists regarding the motives behind Gannon's demotion. For the reasons that follow, the defendants' motion is denied.

II. DISCUSSION

The Supreme Court has summarized the McDonnell Douglas framework for litigating discrimination claims as follows:

First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant "to articulate some legitimate, nondiscriminatory reason for the employee's rejection." Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.

Burdine, 450 U.S. at 252-53, 101 S.Ct. at 1093 (quoting McDonnell Douglas, 411 U.S. 792, 93 S.Ct. 1817) (citation omitted). A plaintiff proves a prima facie case of age discrimination by showing that he was demoted or discharged when he was more than 40 years old, he had been doing his job well enough to rule out the possibility that he was demoted or fired for inadequate job performance, and he was replaced by a younger person. Menard v. First Sec. Serv. Corp., 848 F.2d 281, 285 (1st Cir. 1988) (citing Loeb v. Textron, Inc., 600 F.2d 1003, 1012, 1019 (1st Cir.1979)). Plaintiff has produced evidence supporting a prima facie case. Defendants dispute, however, that Gannon was doing his job well enough to rule out the possibility that he was demoted for inadequate job performance.

The McDonnell Douglas system for allocating burdens and presumptions offers a handy way to conceptualize the proof of a discrimination claim, but it does not mesh well with the actual practice of litigation and is a source of great confusion to trial judges who must give it practical effect, as, for example, in charging a jury. See, e.g., Loeb v. Textron, Inc., 600 F.2d 1003, 1010 (1st Cir.1979). The First Circuit Court of Appeals has apparently not yet settled its own understanding of the proper application of this burden-shifting framework, as shown by the divergent opinions in Connell v. Bank of Boston, 924 F.2d 1169 (1st Cir.), cert. denied, ___ U.S. ___, 111 S.Ct. 2828, 115 L.Ed.2d 997 (1991), and Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5 (1st Cir.1990). This Court believes, moreover, that none of the First Circuit's attempts to bridle the McDonnell Douglas framework has produced satisfactory guidance for a trial judge confronting a summary judgment motion.

Analysis of the present dispute must begin, not with the McDonnell Douglas framework, but with Rule 56 of the Federal Rules of Civil Procedure. Rule 56(c) states:

The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

This Court cannot grant a motion for summary judgment if genuine issues of material fact exist. Any fact that could affect the outcome of the suit is material. Ryan, Klimek, Ryan Partnership v. Royal Ins. Co. of Am., 728 F.Supp. 862, 866 (D.R.I.), aff'd, 916 F.2d 731 (1st Cir.1990). The Court must view the record in the light most favorable to the party opposing the motion, indulging all inferences favorable to that party. Id. Summary judgment is not appropriate merely because the facts offered by the moving party seem most plausible, or because the opponent is unlikely to prevail at trial. 10A Charles A. Wright, Arthur R. Miller & Mary K. Kane, Federal Practice & Procedure, § 2725, at 104 (1983). If the evidence presented "is subject to conflicting interpretations, or reasonable men might differ as to its significance, summary judgment is improper." Id. at 106-09.

Judges must also resist the temptation to assess witnesses' credibility at the summary judgment stage. The advisory committee's note to Rule 56(e) clearly states: "Where an issue as to a material fact cannot be resolved without observation of the demeanor of witnesses in order to evaluate their credibility, summary judgment is not appropriate." See also Plainwell Paper Co. v. Pram, Inc., 430 F.Supp. 1386, 1387 (W.D.Pa.1977) (in resolving summary judgment motion, court must resolve all issues of credibility in favor of nonmovant).

The McDonnell Douglas framework, however, invites trial judges to weigh evidence and assess the credibility of witnesses at the summary judgment stage. After the plaintiff has set forth a prima facie case and the defendant has articulated a nondiscriminatory basis for its actions, "the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination." Burdine, 450 U.S. at 253, 101 S.Ct. at 1093 (emphasis added). At this point, the plaintiff's burden

merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination. She may succeed in this either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer's proffered explanation is unworthy of credence.

Id. at 256, 101 S.Ct. at 1095. The Supreme Court suggests both a direct and an indirect way to prove intent to discriminate, both of which require judgments of credibility, weighing and balancing of evidence, and assessment of possible inferences.

When the law guarantees a plaintiff an opportunity to prove his case by a preponderance of the evidence, he must be allowed to present his case to a jury. The presiding judge determines whether a party has met his initial burden of production, Dea v. Look, 810 F.2d 12, 16 (1st Cir.1987), but the trier of fact determines whether a party has met his burden of persuasion. Since the trial judge may not consider credibility or weigh evidence at the summary judgment stage, the McDonnell Douglas framework should permit pretrial disposition of a case only if a party does not carry his initial burden of production. In this case, both parties have met their initial burdens of production.

If a plaintiff produces...