Gudenkauf v. Stauffer Communications, Inc.

• Decision Date: 13 February 1996
• Docket Number: No. 94-4228-SAC.,94-4228-SAC.
• Citation: 922 F. Supp. 465
• Parties: Michaela A. GUDENKAUF, Plaintiff, v. STAUFFER COMMUNICATIONS, INC., a Delaware corporation, d/b/a Stauffer Magazine Group; and Christy Skinner, Defendants.
• Court: U.S. District Court — District of Kansas

922 F. Supp. 465

Michaela A. GUDENKAUF, Plaintiff, v. STAUFFER COMMUNICATIONS, INC., a Delaware corporation, d/b/a Stauffer Magazine Group; and Christy Skinner, Defendants.

No. 94-4228-SAC.

United States District Court, D. Kansas.

February 13, 1996.

COPYRIGHT MATERIAL OMITTED

Amy C. Bixler, Alan G. Warner, Topeka, KS, for Michaela A. Gudenkauf.

Michael W. Merriam, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for Stauffer Communications, Inc., a Delaware corporation, Christy Skinner, c/o Stauffer Communications, Inc. dba Stauffer Magazine Group.

MEMORANDUM AND ORDER

CROW, District Judge.

This case comes before the court on the defendant Stauffer Communications, Inc.'s motion for summary judgment (Dk. 47). This is an employment discrimination action in which the plaintiff alleges the employer, Stauffer Communications, Inc. ("Stauffer"), terminated her employment on the basis of her sex, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e-2(a)(1), et seq.; on the basis of her pregnancy in violation of the Pregnancy Discrimination Act of 1978 ("PDA"), 42 U.S.C. § 2000e(k), and on the basis of her disability in violation of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101, et seq. The plaintiff further asserts that Stauffer denied her rights under the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. § 2601, et seq.¹

SUMMARY JUDGMENT STANDARDS

A court grants a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure if a genuine issue of material fact does not exist and if the movant is entitled to judgment as a matter of law. The court is to determine "whether there is the need for a trial — whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). "Only disputes over facts that might affect the outcome of the suit under the governing law will ... preclude summary judgment." Id. There are no genuine issues for trial if the record taken as a whole would not persuade a rational trier of fact to find for the nonmoving party. Matsushita Elec. Indust. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). "There are cases where the evidence is so weak that the case does not raise a genuine issue of fact." Burnette v. Dow Chemical Co., 849 F.2d 1269, 1273 (10th Cir.1988).

The initial burden is with the movant to "point to those portions of the record that demonstrate an absence of a genuine issue of material fact given the relevant substantive law." Thomas v. Wichita Coca-Cola Bottling Co., 968 F.2d 1022, 1024 (10th Cir.), cert. denied, 506 U.S. 1013, 113 S.Ct. 635, 121 L.Ed.2d 566 (1992). If this burden is met, the nonmovant must "come forward with specific facts showing that there is a genuine issue for trial as to elements essential to" the nonmovant's claim or position. Martin v. Nannie and Newborns, Inc., 3 F.3d 1410, 1414 (10th Cir.1993) (citations omitted). The nonmovant's burden is more than a simple showing of "some metaphysical doubt as to the material facts," Matsushita, 475 U.S. at 586, 106 S.Ct. at 1356; it requires "`presenting sufficient evidence in specific, factual form for a jury to return a verdict in that party's favor.'" Thomas v. International Business Machines, 48 F.3d 478, 484 (10th Cir.1995) (quoting Bacchus Industries, Inc. v. Arvin Indus., Inc., 939 F.2d 887, 891 (10th Cir.1991)). The court views the evidence of record and draws all reasonable inferences in the light most favorable to the nonmovant. Id. A party relying on only conclusory allegations cannot defeat a properly supported motion for summary judgment. White v. York Intern. Corp., 45 F.3d 357, 363 (10th Cir.1995).

More than a "disfavored procedural shortcut," summary judgment is an important procedure "designed `to secure the just, speedy and inexpensive determination of every action." Fed.R.Civ.P. 1." Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1986). At the same time, a summary judgment motion does not empower a court to act as the jury and determine witness credibility, weigh the evidence, or choose between competing inferences. Windon Third Oil and Gas v. Federal Deposit Ins., 805 F.2d 342, 346 (10th Cir.1986), cert. denied, 480 U.S. 947, 107 S.Ct. 1605, 94 L.Ed.2d 791 (1987).

For purposes of this motion, the court considers the following facts to be uncontroverted.

The plaintiff Michaela Gudenkauf worked for Stauffer for more than a year before she was terminated on February 22, 1994. The defendant Christy Skinner supervised Gudenkauf's work. Gudenkauf describes her working relationship with Skinner as amicable and friendly from January of 1993 through early July of 1993. Gudenkauf remembers that Skinner had complemented her as energetic and a quick learner. Skinner, however, had talked with Gudenkauf about engaging in personal phone calls and personal conversations while at work. On her ninety-day review in May of 1993, Gudenkauf received a satisfactory performance rating and a pay raise. Skinner also wrote on the review that Gudenkauf was improving in the areas of personal conversations and personal phone calls.

Sometime in July of 1993, Gudenkauf told Stauffer that she was pregnant. According to Gudenkauf, Skinner's attitude towards her changed with the news of her pregnancy. Instead of being supportive, positive and complimentary, Skinner became negative, critical, and resentful. Approximately one week after learning of the pregnancy, Skinner counseled Gudenkauf for poor job performance, in particular tardiness and personal phone calls. Gudenkauf explained to Skinner that during her thirty-minute drive into work she had been experiencing morning sickness problems that forced her to stop. Gudenkauf opines that her work performance did not suffer during this period.

Gudenkauf avers that on August 19, 1993, she received a written warning for poor job performance and received certain guidelines for giving notice of anticipated late arrivals and for using leave without pay. Gudenkauf also was given restrictions on working at her desk, eating at her desk, taking break periods, and talking to co-workers. Gudenkauf told Skinner and Dianne Graves that some of the restrictions worked a hardship on her because of the pregnancy. Gudenkauf avers that other employees in the circulation department were not subject to the same restrictions and that she was the only pregnant employee in the circulation department.²

On November 4, 1993, Skinner placed Gudenkauf on probation and criticized her efforts in meeting the different restrictions. Gudenkauf avers that she attempted to meet all restrictions to the extent that her pregnancy-related conditions allowed her. Gudenkauf further avers that she was falling behind on some of her principal assignments as Skinner had asked her to assist in other areas.

In December of 1993, Gudenkauf was taken off of probation and was given a pay raise. In her performance review, Skinner wrote that Gudenkauf had "gone through some major transitions which concerned her job performance and behavior while on the job." Gudenkauf reads "transitions" as a reference to her marriage and pregnancy.

Gudenkauf admits that because of her pregnancy she missed work during the months of January and February. On the morning of February 21, 1994, Gudenkauf phoned Skinner saying she was having contractions and was going to the doctor. That afternoon Skinner phoned Gudenkauf at her house to ask about her condition. Gudenkauf told Skinner that the contractions had stopped but that she could only work one-half days. Gudenkauf asked if she should work mornings or afternoons, and Skinner told her to work mornings. When Gudenkauf reported to work the next morning, Skinner met her at the door and escorted her to the business manager's office. Skinner handed Gudenkauf a memo that said she was terminated and that listed four items of "poor performance" as the reasons for termination.³

The first reason given for termination was that Gudenkauf had not done any filing for February. Gudenkauf responds that filing was no longer her responsibility as Skinner had assigned it to another employee in January.⁴ The second reason was that Gudenkauf had not processed a subscriptions request which had been sent with inadequate funds. Gudenkauf responds that she remembers seeing this request in November when it came in and never saw it again. In the termination memo, Skinner wrote that she found the unprocessed subscriptions in Gudenkauf's tickler file, but in her deposition, Skinner said she found the unprocessed subscriptions in Gudenkauf's top desk drawer. Gudenkauf avers that her tickler file was kept on top of her desk, that her top desk drawer was reserved for office supplies, and that she does not know how those unprocessed subscriptions came to be located there or who placed them there. The third and fourth reasons were that Gudenkauf was behind in her principal work assignments. Gudenkauf does not deny being behind but she attributes it to her pregnancy, to the increased holiday season workload, and to her assigned work on other periodicals.

During her pregnancy, Gudenkauf complained of morning sickness, stress, nausea, back pain, swelling and headaches. Gudenkauf believes that she was disabled during her last trimester. Gudenkauf's obstetrician, however, testified that his medical records showed that Gudenkauf did not experience any complications or conditions which were not normally expected with pregnancy and that her complaints did not indicate unusual symptoms or unusually severe conditions.⁵ In fact, the obstetrician could find nothing in Ms. Gudenkauf's chart to indicate that her pregnancy was unusually difficult. Her...