Hamilton v. Starcom Mediavest Group, Inc.

• Decision Date: 11 April 2008
• Docket Number: No. 07-1208.,07-1208.
• Citation: 522 F.3d 623
• Parties: Cari Ann HAMILTON, Plaintiff-Appellant, v. STARCOM MEDIAVEST GROUP, INC. and Leo Burnett USA, Inc., Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

522 F.3d 623

Cari Ann HAMILTON, Plaintiff-Appellant, v. STARCOM MEDIAVEST GROUP, INC. and Leo Burnett USA, Inc., Defendants-Appellees.

No. 07-1208.

United States Court of Appeals, Sixth Circuit.

Argued: February 5, 2008.

Decided and Filed: April 11, 2008.

ARGUED: Lawrence J. Breskin, Law Offices, Detroit, Michigan, for Appellant. Peter R. Bulmer, Jackson Lewis LLP, Chicago, Illinois, for Appellees. ON BRIEF: Lawrence J. Breskin, Law Offices, Detroit, Michigan, for Appellant. Peter R. Bulmer, Jackson Lewis LLP, Chicago, Illinois, for Appellees.

Before MARTIN and SUTTON, Circuit Judges; OBERDORFER, District Judge.^*

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Cari Ann Hamilton brought suit against Starcom Mediavest Group, Inc., and Leo Burnett USA, Inc., alleging that they violated ERISA § 510, 29 U.S.C. § 1140 (2005), by terminating her employment in retaliation for exercising her right to claim disability benefits. The district court granted summary judgment to the defendants, concluding that (1) Hamilton failed to establish a prima facie case of retaliation, and alternatively, (2) she failed to make the required showing that defendants' proffered reason for firing her — the reorganization and hiring of candidates with greater experience — was a pretext to retaliate against her. She now appeals the district court's grant of summary judgment in favor of defendants. We agree with the district court's second, alternative, finding and hold that Hamilton has failed to establish that defendants' proffered reason for firing her was mere pretext, and accordingly AFFIRM the district court's grant of summary judgment.

I.

From January 2000 until October 21, 2005, Plaintiff Cari Ann Hamilton worked at General Motors Planworks ("GM Planworks"), which provided advertising services solely to the General Motors Corporation. The advertising services involved creating, managing, and executing media plans to promote GM. An unrelated third party, General Motors Mediaworks ("Mediaworks"), was responsible for buying the media.

GM Planworks is a division of defendant Starcom Mediavest Group, Inc., which is a subsidiary of Defendant Leo Burnett USA, Inc. Leo Burnett USA, Inc., in turn, is a wholly-owned subsidiary of Publicis Groupe SA.

Hamilton began working at GM Planworks in 2000 as an administrative assistant in Detroit, Michigan. In 2004, she began suffering from fibrocystic breast disease, and on July 29, 2004, she took a medical leave of absence. She applied for short-term disability benefits under the Publicis Groupe Short Term Disability Plan.

On August 26, 2004, Hamilton's application for benefits was denied. Hamilton contacted the Human Resources office in Detroit to assist with obtaining her benefits, and this led to some "negative interactions." Victoria Kruslemsky, the Detroit Human Resources director, advised Hamilton to seek assistance from the company's Chicago personnel because they handled administration of benefits.

On November 18, 2004, Hamilton's medical leave ended. While Hamilton had been out on leave, a temporary employee who filled in for Hamilton was given her administrative-assistant position. Upon her return from leave, Hamilton accepted a Broadcast Coordinator position in the GM Planworks Broadcast Group, changing her work location from Detroit to Troy, Michigan. During this transition, Kruslemsky instructed a senior member of the management team to counsel Hamilton to encourage her "to view the change of locations as an opportunity to put any hard feelings she had against Detroit personnel aside and move forward positively in a position that allowed her to learn new skills." As a Broadcast Coordinator, Hamilton reviewed whether advertisements and other media that General Motors Mediaworks ordered from broadcast vendors was aired as ordered; if not, she was to determine how to resolve the discrepancies.

On December 23, 2004, Hamilton filed an ERISA lawsuit ("the Benefits Suit") against the Publicis Groupe Short Term Disability Plan seeking the benefits she was denied.

In May 2005, GM announced that it would start using GM Planworks, instead of Mediaworks, for its media buying. An article from Starcom Mediavest Group's website described this change, which involved a $3.2 billion account, as "the biggest account switch in the history of advertising." The target date for this change was October 2005, and it contributed to an increase in the number of GM Planworks employees from roughly 300 to 500 people. GM Planworks significantly reorganized its operations and determined that its broadcast media buyers should be located in New York City, the center of the national broadcast industry. Additionally, GM Planworks determined that the buyers should take on the responsibilities of the Broadcast Coordinators, such as resolving discrepancies in media orders. Accordingly, Broadcast Coordinators, including Hamilton, were to have their positions eliminated. Hamilton learned this in July 2005.

GM Planworks took steps to provide replacement employment for Hamilton and the other Broadcast Coordinators whose positions were eliminated. On September 1, 2005, Kruslemsky sent an e-mail to the Broadcast Coordinators to clarify issues relating to the reorganization. GM Planworks added a number of media-buying positions during the reorganization, but Hamilton did not have media-buying experience. The e-mail explained that persons who did not find replacement employment with GM Planworks would be terminated and would be eligible for severance and unemployment compensation. In September 2005, Hamilton interviewed for three positions at the reorganized GM Planworks.

First, she interviewed with Jeff Hughes for an Assistant Buyer position. The Assistant Buyer was to provide assistance to media buyers and planners in Detroit and New York. A knowledge of computer systems used for planning media was an important aspect of the position. Hamilton was one of ten candidates interviewed. Hughes selected another candidate for the position because the candidate had experience working in the internet/digital group and had superior experience and knowledge of the requisite computer systems. At that time, Hughes did not know that Hamilton had brought her Benefits Suit against GM Planworks or its related entities.

Second, Hamilton interviewed with Lisa Stearn for one of five open Print Coordinator positions. The Print Coordinators were to ensure that print-media vendors were paid for General Motors' advertisements and to resolve discrepancies between the advertising ordered and the advertising delivered. Stearn, along with two colleagues, also interviewed other Broadcast Coordinators from the Troy office for the positions. Stearn selected five other candidates for offers because each had performed coordinator-type functions for at least four years; Hamilton, by contrast, had been in the Broadcast Coordinator Position for only one year. Stearn relayed her choices to her Managing Director, Mark Rowlands, who approved offering each of these individuals the position. One candidate decided not to accept the offer. Stearn then interviewed another candidate who also had multiple years of experience in a coordinator position. Upon Stearn's recommendation, Rowlands approved an offer to this new candidate. Stearn's affidavit does not mention whether or not she was aware of Hamilton's Benefits Suit.

Third, Hamilton interviewed with Kelly Malin for an Interactive Billing Coordinator position. The person in this position was to coordinate billing and resolve discrepancies for digital media. Malin selected another candidate for the position because of the candidate's specific experience with coordinating digital media and her experience as a supervisor for GM Planworks. At that time, Malin did not know that Hamilton had brought the Benefits Suit against GM Planworks or its related entities.

Hamilton's employment ended on or about October 21, 2005. She was the only employee in the Broadcast Coordination department who desired, but was not offered, a reassignment. She ultimately prevailed in her Benefits Suit on September 26, 2006.

On November 28, 2005, Hamilton filed a one-count complaint against the defendants, alleging that they violated ERISA § 510, 29 U.S.C. § 1140 (2005), by terminating her in retaliation for exercising her right to claim disability benefits. The district court granted summary judgment to the defendants, concluding that (1) Hamilton failed to establish a prima facie case of retaliation, and, alternatively, (2) she failed make the required showing that Defendants' proffered reason for firing her — the reorganization and hiring of candidates with greater experience — was a pretext masking their retaliation against her. Hamilton now appeals.

II.

A. Standard of Review

The Sixth Circuit reviews de novo a district court's grant of summary judgment. Hardesty v. Hamburg Twp., 461 F.3d 646, 650 (6th Cir.2006). Summary judgment is proper where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). In considering a motion for summary judgment, the district court must construe all reasonable inferences in favor of the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The central issue is "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

B. Hamilton's Retaliation Claim

Under ERISA § 510, it is "unlawful for any person to discharge . . . or discriminate against a participant or beneficiary for [1] exercising any right to which he [or she] is entitled under the provisions of an employee benefit plan . . . or for [2] the purpose of interfering with the attainment of any right...