Hellums v. Webster Industries, Inc.

• Decision Date: 25 May 2000
• Docket Number: No. CIV.A. 99-A-949-N.,CIV.A. 99-A-949-N.
• Citation: 97 F.Supp.2d 1287
• Parties: Gerald W. HELLUMS, Plaintiff, v. WEBSTER INDUSTRIES, INC., Defendant.
• Court: U.S. District Court — Middle District of Alabama

97 F.Supp.2d 1287

Gerald W. HELLUMS, Plaintiff, v. WEBSTER INDUSTRIES, INC., Defendant.

No. CIV.A. 99-A-949-N.

United States District Court, M.D. Alabama, Northern Division.

May 25, 2000.

COPYRIGHT MATERIAL OMITTED

Gregory L. Davis, Montgomery, AL, for plaintiff.

Thomas T. Gallion, III, Montgomery, AL, for defendant.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

I. INTRODUCTION

This case is before the court on a Motion for Summary Judgment (Doc. # 11) filed by the Defendant Webster Industries, Inc. ("Webster") on March 8, 2000.

Plaintiff Gerald W. Hellums ("Hellums") filed his Complaint on August 31, 1999 alleging claims under the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq. Webster filed an Answer on October 8, 1999. On April 20, 1999, Hellums filed a Motion for Leave to Amend to add a claim for retaliation to his Complaint. The court denied this motion on April 25, 2000 because it was untimely.

For reasons to be discussed, Webster's Motion for Summary Judgment is due to be GRANTED.

II. SUMMARY JUDGMENT STANDARD

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper "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." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The party asking for summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the `pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Id. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing, or pointing out to, the district court that the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. See id. at 322-24, 106 S.Ct. 2548.

Once the moving party has met its burden, Rule 56(e) "requires the nonmoving party to go beyond the pleadings and by [its] own affidavits, or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Id. at 324, 106 S.Ct. 2548. To avoid summary judgment, the nonmoving party "must do more than show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). On the other hand, the evidence of the nonmovant must be believed and all justifiable inferences must be drawn in its favor. See Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

After the nonmoving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c).

III. FACTS

The submissions of the parties establish the following facts, construed in a light most favorable to the non-movant:

Hellums was born in Alabama on November 29, 1938 and graduated from high school in 1958. After graduating from high school, Hellums worked in a variety of machine shops. In 1970, Hellums was hired by Webster, a plastic bag manufacturer, as a machine operator.¹ By 1972, Hellums was appointed lead operator of his line where he supervised 13 people. In 1973, Hellums was assigned to the job of Extrusion Supervisor where he was responsible for 40 employees. In the mid-1970s, Hellums was assigned to the position of Reclaim Shift Supervisor.² Hellums originally worked the 4-12 p.m. shift as Reclaim Shift Supervisor, but was then moved to the earlier day shift. As a day shift supervisor, Hellums took on additional responsibilities. Hellums remained the Reclaim Shift Supervisor until sometime in the mid 1980s when Hellums took the position of Safety and Process Supervisor.³ As Safety and Process Supervisor, Hellums was responsible for accident prevention in the entire Montgomery operation. From 1989 through 1994, Hellums was assigned to various positions in the reclaim department, including becoming Reclaim and Sorema Manager. See Pl. Exh. B & C.

In 1995, Webster restructured its business. This restructuring occurred after Marvin Leef ("Leef") was hired as the new plant manager for Webster. During the restructuring, all department manager positions were eliminated, including Hellums' position of Sorema and Reclaim Manager, and Shift Managers were put into place. See Leef Depo. 109:2-13. Four Shift Managers were put into place: Barry Smith ("Smith"), Bryan Welch ("Welch"), Tony Player ("Player"), and Dennis Nadeau ("Nadeau"). Webster placed Hellums in the position of Sorema and Reclaim Supervisor.⁴

In 1997, the Reclaim/Sorema Manager position was reinstated. Peter Clark ("Clark"), a 35 year old male, was hired to fill this position.

In 1998, Webster continued to reorganize its operations in Montgomery. New equipment was installed in the Reclaim and Sorema department which required fewer employees to run. Hellums' position in the department was again eliminated. Webster offered Hellums the position of lead operator in the Reclaim department. Hellums did not accept this position and he resigned on April 18, 1998.

In his Complaint, Hellums uses a shotgun approach in making his ADEA claims.⁵ Consequently, the court is left to interpret Hellums' claims. The court has interpreted his complaint to make a claim for discrimination based on age as a result of a reduction-in-force (¶ 16), a failure to promote claim (¶ 14), and a constructive discharge claim (¶¶ 15 & 17) all under the rubric of the ADEA.

IV. DISCUSSION

The ADEA, a remedial statute, was enacted to proscribe employment discrimination based on age. Under Title 29, United States Code, § 623(a)(1), "It shall be unlawful for an employer to ... discharge any individual or otherwise discriminate against any individual with respect to his compensation, conditions, or privileges of employment, because of such individual's age."⁶ 29 U.S.C. § 623(a)(1)(1999). In ADEA cases, the plaintiff bears the ultimate burden of proving that age was the determining factor in the defendant's adverse employment action against him. See Baker v. Sears, Roebuck & Co., 903 F.2d 1515, 1519 (11th Cir.1990).

The plaintiff bears the initial burden of establishing a prima facie case under the ADEA. There are three means by which a plaintiff may seek to establish a prima facie case of age discrimination: by direct evidence of discriminatory intent, by meeting the test developed by the United States Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), or by proof of a statistical pattern of discrimination. See Verbraeken v. Westinghouse Electric Corp., 881 F.2d 1041, 1045 (11th Cir.1989); Davidson v. Quorum Health Group, Inc., 1 F.Supp.2d 1321 (N.D.Ala. 1997). In the present case, Hellums has not provided the court with direct evidence of discrimination⁷ nor any statistical evidence, but instead seeks to prove discrimination by offering circumstantial evidence of discrimination.

Under the ADEA, the Eleventh Circuit has adopted a variation of the McDonnell Douglas paradigm for proving a prima facie case. See Jameson v. Arrow Co., 75 F.3d 1528, 1531 (11th Cir.1996). A plaintiff states a prima facie case upon a showing that he (1) is a member of the protected age group between the ages of forty and seventy, (2) was subject to an adverse employment action, (3) was replaced by a person outside the protected group, and (4) was qualified to do the job. See id.

After a plaintiff has established a prima facie case of discrimination, the burden of production is placed upon the employer to articulate a legitimate nondiscriminatory reason for its employment action. See Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 254, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). If the employer provides a legitimate nondiscriminatory reason for its actions, the burden shifts back to the plaintiff. See id. The plaintiff then has the opportunity to come forward with evidence, including previously produced evidence establishing the prima facie case, sufficient to permit a reasonable factfinder to conclude that the reasons given by the employer were not the real reasons for the adverse employment decision. See Combs v. Plantation Patterns, 106 F.3d 1519, 1528 (11th Cir.1997). Although disbelief of the employer's proferred reason does not require judgment for the plaintiff, disbelief, together with the plaintiff's prima facie case, is sufficient circumstantial evidence to preclude entry of summary judgment. Id. at 1532.

In the present case, Hellums brings his discrimination claim under several different theories. Thus, the court will address each of his theories using the McDonnell Douglas framework.

A. Reduction in Force Claim

Because Hellums' positions in 1995 and 1998 were eliminated as part of Webster's restructuring, the court treats his demotion claim as a reduction in force claim ("RIF").⁸

1. Prima Facie Case

The prima facie case criteria are altered when there is a RIF. Under a RIF claim, a plaintiff must show that he (1) was in a protected group and was adversely affected by an employment decision, (2) was qualified for the current position or to assume another position at the time of discharge, and (3) has provided evidence by which a fact finder could reasonably conclude that the employer intended to discriminate on the basis of age in reaching that decision. See Jameson, 75 F.3d at 1531.

It is undisputed that Hellums is...