Jeffers v. Lafarge North America, Inc.

• Decision Date: 23 September 2008
• Docket Number: Civil Action No. 2:06-3084-CWH.
• Citation: 622 F.Supp.2d 303
• Parties: James JEFFERS, Plaintiff, v. LAFARGE NORTH AMERICA, INC., Defendant.
• Court: U.S. District Court — District of South Carolina

622 F.Supp.2d 303

James JEFFERS, Plaintiff, v. LAFARGE NORTH AMERICA, INC., Defendant.

Civil Action No. 2:06-3084-CWH.

United States District Court, D. South Carolina, Charleston Division.

September 23, 2008.

Wilbur Eugene Johnson, Charleston, SC, for Plaintiff.

Michael Dennis Carrouth, Fisher and Phillips, George Alfred Reeves, III, Baker Ravenel and Bender, Columbia, SC, for Defendant.

ORDER

C. WESTON HOUCK, District Judge.

The plaintiff, James Jeffers ("plaintiff" or "Jeffers"), filed this action against his former employer, Lafarge North America, Inc. ("defendant" or "Lafarge"), alleging age discrimination under the Age Discrimination in Employment Act of 1967, as amended (the "ADEA"), 29 U.S.C. §§ 621-634. This matter is before the Court on Lafarge's motion for summary judgment.

Plaintiff's Allegations

Jeffers was born in 1944, and in 1975, he began a thirty-year career at the Harleyville cement plant (the "Harleyville Plant"), which was owned by Gifford Hills Cement.¹ (Pl. Dep. 12; 17; Pl. Aff. ¶ 2). Jeffers first was hired into the position of Utility Worker in the Maintenance Department. (Pl. Dep. 18; Pl. Aff. ¶ 3). Jeffers was promoted to Stores Clerk around 1976. (Pl. Dep. 22; Pl. Aff. ¶ 3). As Stores Clerk, Jeffers provided the Maintenance Department with supplies and equipment parts. (Pl. Dep. 23-24). In 1977, Jeffers was promoted to Shift Supervisor, which was on the manufacturing side of the plant's operations. (Pl. Dep. 23-25). As a Shift Supervisor, Jeffers did his own maintenance and worked on the plant's dust collection equipment,² although there was "very little" preventive maintenance done at that time. (Pl. Dep. 25-26).

In 1977, Jeffers was promoted to Plant Relief Foreman and filled in for employees, including Shift Supervisors, when they were out on leave or on vacation; he performed shift work, and also worked in the Quarry, Stores, Shipping and Manufacturing Departments. (Pl. Dep. 27; 29; Pl. Aff. ¶ 3). As Plant Relief Foreman, Jeffers also gained experience as a supervisor in many of the plant's departments. (Pl. Dep. 27; Pl. Aff. ¶ 3). Although Jeffers worked as a Shift Supervisor, his title was always Plant Relief Foreman. (Pl. Dep. 29-30). As Plant Relief Foreman, Jeffers became very familiar with the entire Harleyville Plant because he had to perform many different jobs there (Pl. Dep. 27; Pl. Aff. ¶ 3), but he performed very little work on the dust collection equipment because two other Utility Department employees (part of the Maintenance Department) worked on the dust collection equipment. (Pl. Dep. 28).

Around 1988, the Harleyville Plant was purchased by Beazer, Incorporated. (Pl. Dep. 22). In 1990, Jeffers, who was still in the position of Plant Relief Foreman, suffered a heart attack, and his doctor advised him to discontinue working shift work at night. (Pl. Dep. 29-30). Around this time, Blue Circle Cement acquired ownership of the Harleyville Plant, and when Jeffers returned to work following his heart attack, the position of Special Projects Supervisor was created for him so he could work day shifts. (Pl. Dep. 30-32; Pl. Aff. ¶ 4). As Special Projects Supervisor, Jeffers reported directly to the Plant Manager. (Pl. Dep. 32). Jeffers' duties included procuring and installing new equipment and working with engineers on design-build. (Pl. Dep. 32; Pl. Aff. ¶ 4). Jeffers did not have a full-time crew working for him, but supervised those employees assigned to him on an as-needed basis. (Pl. Dep. 32-33; Pl. Aff. ¶ 4). As Special Projects Supervisor, Jeffers performed some design work, testing, and installation of new dust collection equipment. (Pl. Dep. 33-34).

Jeffers testified that around 1995 or 1996, a new plant manager came in and eliminated Jeffers' Special Project Supervisor position. (Pl. Dep. 35-36). Jeffers became a Maintenance Supervisor. (Pl. Dep. 36). In his deposition, Jeffers testified that his position was Maintenance Supervisor (Pl. Dep. 36), and Lafarge's counsel likewise referred to the position held by Jeffers as such. (See, e.g., Pl. Dep. 37, 38, 39, 40, 41, 43 44, 45, 55, 62, 63). However, Lafarge's documents consistently show that Lafarge referred to Jeffers' position as Maintenance Coordinator. (See documents listed at Pl. Mem. Opp'n 3, n. 20). Jeffers executed an Affidavit approximately six months after his deposition in which he referred to his position as Maintenance Coordinator. (Pl. Aff. ¶¶ 5, 6, 9, 10, 11, 13, 15). Jeffers contends that the titles Maintenance Coordinator and Maintenance Supervisor were interchangeable and referred to the same position during his employment at the plant. (Pl. Mem. Opp'n 3-4; Pl. Aff. ¶ 5). Jeffers testified that he did not know the specific differences between the jobs of Maintenance Supervisor and Maintenance Coordinator. (Pl. Dep. 63-64).

The Maintenance Department consisted of maintenance employees, two Maintenance Supervisors, a Maintenance Planner, a Maintenance Manager, a Plant Engineer, and the Plant Manager. (Pl. Dep. 36-37). Jeffers testified that he was one of two Maintenance Supervisors in the Maintenance Department and could not recall that this position had any other title. (Pl. Dep. 37). After Jeffers worked in the Maintenance Department for a while, he supervised two employees, and that number later grew to four employees. (Pl. Dep. 38). Jeffers does not remember the name of the other Maintenance Supervisor or recall the number of employees who reported to the other Maintenance Supervisor. (Pl. Dep. 37-38). The two Maintenance Supervisors would assist each other in performing their work. (Pl. Dep. 42-43).

When Jeffers first started as a Maintenance Supervisor in 1995-96, he was assigned all of the dust collection maintenance work in comparison to the other Maintenance Supervisor. (Pl. Dep. 41, 43). The dust collection equipment included over thirty-eight dust collectors, or baghouses, at the Harleyville Plant. (Pl. Dep. 39-40; 48). He performed 90% of the dust collection maintenance work, compared to the other Maintenance Supervisor. (Pl. Dep. 43). Jeffers testified that work on the dust collection equipment took up most of his time when he first began as Maintenance Supervisor, but he performed less work on the dust collection equipment and more general maintenance work over a period of three or four years. (Pl. Dep. 41-46). Jeffers was aware that at some point in time his position was referred to as "Dust Collection Maintenance Supervisor," but he did not use that term. (Pl. Dep. 46). Jeffers testified that the dust collection work decreased after he worked on that equipment because the equipment performed better and required less maintenance; as a result, he was assigned other maintenance work. (Pl. Dep. 47-48). Before Lafarge upgraded the largest baghouse, the Kiln Baghouse, Jeffers estimated he spent about 10% of his time addressing problems specifically related to that baghouse.³ (Pl. Dep. 48, 52-53). After the Baghouse was upgraded, the amount of work he performed on that dust collection equipment was reduced by about 10% or less. (Pl. Dep. 53).

When Jeffers first started as Maintenance Supervisor, in addition to his maintenance work on the dust collection equipment, Jeffers performed maintenance on other equipment at the Harleyville Plant. (Pl. Dep. 40). As Maintenance Supervisor, he worked in the Bagging Department, where the plant produced mortar mix and bag cement, and in the Shipping Department. (Pl. Dep. 53-55). Jeffers also did forestry-related work; as of 2005, Jeffers spent less than 2% of his time doing forestry related activities. (Pl. Dep. 55-57). During 2004-2005, the last year Jeffers worked at the Harleyville Plant, he was responsible for maintenance on the recycling facility equipment. (Pl. Dep. 54-55, 57). Jeffers' regular duties also included coordinating the purchase of materials for stocking and future use. (Pl. Aff. ¶ 6). He coordinated his daily schedule with the Maintenance Planner and created and maintained a yearly budget. (Pl. Aff. ¶ 6). Jeffers also was responsible for working in all areas of the Harleyville Plant after regular hours of work on both a scheduled and unscheduled call-out basis. (Pl. Aff ¶ 6). Jeffers contends that his combined experience provided him with an extensive knowledge of the equipment and machinery at the Harleyville Plant, and he could handle most of the maintenance there. (Pl. Aff. ¶ 7).

Blue Circle Cement hires additional employees

In August 2000, David Stinson ("Stinson") was hired by Blue Circle Cement as a Maintenance Planner at the Harleyville Plant; he held that job for three years before becoming a Project Engineer for the next two and one-half years. (Stinson Aff. ¶¶ 2-3, attached as Ex. 9 to Def. Mem. Summ. J.) In 2001, Bart Quattlebaum ("Quattlebaum") was hired by Blue Circle Cement as a Maintenance Planner at the Harleyville Plant. (Pl. Ex. 4). Quattlebaum's employment application indicated that he had graduated from college in 2001 with a B.A. in industrial management, and had no prior work experience before being hired at the Harleyville Plant. (Pl. Ex. 5). According to Jeffers, Quattlebaum, as Maintenance Planner, was responsible for scheduling the Maintenance Department's work. (Pl. Aff. ¶ 12; see also Pl. Ex. 6).⁴

Lafarge purchases the Harleyville Plant

Also in 2001, Lafarge purchased the Harleyville Plant from Blue Circle Cement. (Pl. Dep. 89). During 2001 and into 2002, Lafarge made no changes in the management or overall operations at the Harleyville Plant, and it continued to be managed by the former Blue Circle management team. (Pl. Dep. 89). According to Gail Hoffman ("Hoffman"), Lafarge's Director of Human Resources for Southeastern Cement Operations at that time, the Harleyville Plant failed to meet Lafarge's economic expectations during 2002 and 2003 because it consistently produced less product and incurred higher costs of operation than expected. (Hoffman Aff. ¶ 4, attached as Ex. 4 to Def....