Grant v. Rockwell Intern. Corp.

• Court: U.S. Court of Appeals — Sixth Circuit
• Writing for the Court: Before ENGEL, JONES and KRUPANSKY; PER CURIAM
• Citation: Grant v. Rockwell Intern. Corp., 811 F.2d 605, 1986 WL 18452 (6th Cir. 1986)
• Decision Date: 29 December 1986
• Docket Number: No. 85-1709,85-1709
• Parties: Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit. Cynthia GRANT, Plaintiff-Appellant, v. ROCKWELL INTERNATIONAL CORP., Defendant-Appellee.

Page 605

811 F.2d 605

Unpublished Disposition

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.

Cynthia GRANT, Plaintiff-Appellant, v. ROCKWELL INTERNATIONAL CORP., Defendant-Appellee.

No. 85-1709.

United States Court of Appeals, Sixth Circuit.

Dec. 29, 1986.

Before ENGEL, JONES and KRUPANSKY, Circuit Judges.

PER CURIAM.

The plaintiff in this breach of contract and employment discrimination action appeals the district court's judgment for the defendant, Rockwell International Corporation ("Rockwell"). Cynthia Grant is a 37 year old black female. She was hired by the Universal Joint Division of Rockwell on September 6, 1978, for a position as a representative in the Inside Sales Department at Rockwell's automotive headquarters in Troy, Michigan. Grant's job responsibilities as Inside Sales representative were providing price quotations, answering sales inquiries and customer requests, writing and entering orders, researching parts, and supporting Outside Sales. At the time she was hired, Grant was interested primarily in a position in Outside Sales. Outside Sales involves calling on customers, traveling to different locations, soliciting orders, and servicing accounts.

Prior to joining Rockwell, Grant, who has a B.A. degree in journalism, had been employed by City National Bank in Detroit for five years. She and Rockwell were originally brought together by the LUDOT Agency, an employment agency that specializes in the placement of minority persons in jobs with business and industry. LUDOT set up an interview for Grant with Mr. Bencik, a personnel representative for Rockwell's Universal Joint Division. Grant understood from Bencik that the Inside Sales job was to be a training position that would lead to an Outside Sales position within one year. Bencik reportedly told her that sales was a stepping stone to management. Rockwell concedes that the Inside Sales job was a position that would qualify Grant for Outside Sales; however, it claims that no promises or commitments were made to Grant regarding promotion to Outside Sales. Grant's starting salary at Rockwell was $19,000. She was also given a benefit package that was considerably broader and better than that offered by the bank.

When Grant started to work at Rockwell, the Inside Sales Department consisted of Donald Rossi, the department supervisor, and Mark Willman and Judy Schultz, Inside Sales representatives. Schultz had been employed by Rockwell for about ten years, but she was a comparatively recent transfer to the Inside Sales Department, having worked previously primarily in a secretarial capacity. Willman had been in the Inside Sales Department for about one year before Grant joined the department. When Grant started the job she was reportedly told by Rossi that she would continue with the company as long as she did her job. She was trained by her two co-workers, Schultz and Willman.

In May 1979, Grant received her first performance evaluation, which included comments such as: "Cynthia is very dependable, and has shown all of the ambitiousness necessary for success in our sales group;" "Cynthia is promotable. Our plans are to have her continue in Sales, expanding exposure from pure paperwork to increased activity with customers as business permits and her background develops." She was given a rating at that time of "satisfactory" on a scale of performance ratings of outstanding, excellent, satisfactory plus, satisfactory, and unsatisfactory. Willman was also evaluated at that time and given a rating of "excellent". There is no evidence in the record about the evaluative report for Schultz.

Some time in the spring and into the early summer of 1979, Grant began to be dissatisfied with her job and with her lack of training for Outside Sales. On July 3, 1979, Grant requested a transfer to a different division or location in a memo to Rossi. Her memo stated in part: "Please consider this memo a formal transfer request.... When I agreed to accept this position, ... it was with the understanding that it would lead to an Outside Sales position. I now understand that the option of an Outside Sales position is not forthcoming in this division." She also notified the Personnel department of her desire for a transfer.

On October 10, 1979, Grant met with Bob Allen, Manager of Organization and Human Resource Planning at the Troy facility, in regard to her transfer request. Allen, a black male who was employed by Rockwell from 1979 to 1982, had overall responsibility for staffing. Because Grant's transfer request was unusual in that it went to Personnel as well as her supervisor, Rossi, Allen was specially assigned to deal with it. Allen talked to Rossi about the transfer request and concluded that there was some frustration on the part of both Rossi and Grant. He also concluded that Rossi was frustrated with Grant's job performance, and was having difficulty dealing with her as an employee. Allen also met with Grant. According to Allen, Grant indicated to him that her main interest in accepting the Inside Sales position was to use it as a vehicle to get into Outside Sales, and she no longer had any confidence that management would promote her to Outside Sales. Allen held a number of meetings with Rossi and Grant, together and separately, in an attempt to resolve the problems between them.

As a result of his involvement, Allen became convinced that there were some systematic and organizational problems in Inside Sales that were contributing to the controversy. Consequently, a decision was made to reorganize the department. Under the reorganization completed in November 1979, Grant would be the only Inside Sales representative. The reorganization was in part an attempt to provide Grant a more sales-oriented position. Under this plan, Grant would no longer be reporting to Rossi. Following the reorganization, Schultz left the department and returned to her previous secretarial position and Willman was transferred to Outside Sales.

Despite the reorganization, Grant still wanted to transfer out of Inside Sales. On November 8, 1979, she sent a letter to Rossi stating that: "I have given the reorganization of the Inside Sales area serious consideration. However, my request for a transfer to another division still stands...." In a letter from Rossi to Allen, dated November 8, 1979, Rossi stated that if Grant were successful in Inside Sales, her name would be submitted as the best candidate for the next Outside Sales opening. The letter further indicated that Grant's response to all of this was that she was still not sure that the Inside Sales job fit her career goals, and that she hadn't made the decision definitely to accept the position under the reorganization.

In another letter sent to Allen, also dated November 8, Rossi detailed a conversation that he had recently had with Grant:

Our conversation ran--"I want you to be a success inside, and then outside as well. If you are successful so will the rest of us be successful. Outside selling isn't easy. It will be hard for [Willman] (as young as he is), it will be harder for Kris Peters being a female, and even harder for you as a black female, but I know you can do it, and I am going to see to it it works.

App. at 201. Grant continued to press for a transfer through the month of November. On December 5, 1979, Rossi sent her a letter that stated, in part, that an attempt was being made to identify possible entry-level sales/marketing opportunities in other Rockwell locations for her. The letter also stated that there were no viable opportunities for her within the Universal Joint Division. The letter concluded that if the attempt to place her in another Rockwell location was unsuccessful, her employment would be terminated no later than December 31, 1979.

At about this time, Allen also began to make inquiries as to other entry level sales positions that might have been appropriate for Grant. While this search took place, Grant continued working in the revised sales job. Allen's search was unsuccessful in large part because Grant's background made her a potential job candidate in only one other division of Rockwell and there were no viable openings in that division. In early December, Allen met with Grant and told her that there were no transfer positions available, and that she would be kept on the payroll until the end of December. After this meeting, Grant was shown a performance review that indicated that her performance was "unsatisfactory." Allen also reportedly told Grant that her performance was disruptive.

The parties disagree over whether Grant resigned or was fired. Rockwell claims that her refusal to accept the revised Inside Sales position was in effect a resignation. Grant claims that she was fired. In any event, her employment terminated on December 7, 1979. On December 10, 1979, Allen drafted a memo to one of his superiors that stated that "we were unsuccessful in identifying opportunities in other Rockwell operations and coupled with the fact that Ms. Grant's performance and attitude continued to deteriorate we elected to sever her employment on Friday, December 7, 1979. We based the termination on the following...." This memo strongly suggests that Grant was, in fact, fired.

Following her termination, Grant commenced an action in Michigan state court in October 1982, alleging that Rockwell had breached an implied contract of employment by discharging her without cause. The action was subsequently removed to federal district court by Rockwell. After removal, Grant amended her complaint and added claims under Title VII of the Civil Rights Act, 42 U.S.C. Sec. 2000e et. seq. (1982), and the Elliott-Larsen Civil Rights Act, Mich.Comp.Laws Ann. Sec. 37.2101 et. seq. (West 1982), alleging...