Kohn v. At & T Corp.
| Decision Date | 21 June 1999 |
| Docket Number | No. CIV. A. 99-102(AJL).,CIV. A. 99-102(AJL). |
| Citation | 58 F.Supp.2d 393 |
| Court | U.S. District Court — District of New Jersey |
| Parties | Samuel KOHN Plaintiff, v. AT & T CORP., the WorldPartners Company, Bruce Leasure and Kamie Zaracki Defendants. |
Allan R. Freedman, Teaneck, NJ, for Plaintiff.
Francis X. Dee, David J. Reilly, Mason C. Miller, Carpenter, Bennett & Morrissey, Newark, NJ, for Defendants.
This is an action by plaintiff Samuel Kohn ("Kohn") against New Jersey defendants AT & T Corp. ("AT & T"), The WorldPartners Company ("WPC"), Bruce Leasure ("Leasure") and Kamie Zaracki ("Zaracki")(collectively, the "Defendants"). In an amended complaint (the "Amended Complaint"), filed on 21 January 1999, Kohn alleges violations of Title VII of the Civil Rights Act ("Title VII"), as amended, 42 U.S.C. § 2000e-1, et seq., the Age Discrimination in Employment Act (the "ADEA"), 29 U.S.C. § 621, et seq., the Americans with Disabilities Act (the "ADA"), 42 U.S.C. § 12101, et seq. and State law claims for violations of the Conscientious Employee Protection Act ("CEPA"), N.J.S.A. 34:19-1, and defamation.
Presently pending is a motion by the Defendants for summary judgment (the "Summary Judgment Motion") pursuant to Fed.R.Civ.P. 56 ("Rule 56").1 For the reasons which follow, the Summary Judgment Motion is granted. The remaining State law claims are dismissed without prejudice.
Kohn, a fifty-two year old Jewish male, was hired by AT & T on or about 1 February 1997. See Amended Complaint at ¶¶ 3, 5 and 6; Defendants' Rule 56.1 Statement at ¶ 1; Kohn Dep. at 46:24-47:4.2 In or about March 1996, Kohn accepted an assignment with WPC, an affiliate of AT & T. Amended Complaint at ¶ 7; Defendants' Rule 56.1 Statement at ¶ 2. Kohn assumed the position of Manager of Pricing and Business Analysis with WPC, id. at ¶ 3, while remaining an employee of AT & T. Amended Complaint at ¶ 8; Defendants' Rule 56.1 Statement at ¶ 2.
As Manager of Pricing and Business Analysis, Kohn was responsible for, among other things, negotiating an Integrated Global Discount ("IGD") among various telephone companies, Amended Complaint at ¶ 22, and compiling and maintaining a price book which analyzed prices charged by telephone companies. Id. at ¶ 29.
Kohn reported directly to Zaracki, then Director of Marketing and Acting Vice President of Marketing for WPC. Defendants' Rule 56.1 Statement at ¶ 3. When Leasure became Vice President of Marketing in or about September 1996, Zaracki began reporting to Leasure, who in turn reported to Simon Krieger ("Krieger"), President of WPC. Id.; see also Zaracki Aff. at ¶ 2.
According to Zaracki, during the second half of 1996, she began receiving complaints concerning the work performance of Kohn. Zaracki Aff. at ¶ 3. Specifically, in August 1996, Zaracki states she was apprised of two incidents where Kohn engaged in sexually harassing behavior towards two female employees. Id. Kohn, however, denies having engaged in any sexually harassment. See Amended Kohn Rule 56.1 Statement at ¶¶ 4, 20. Zaracki nevertheless states she investigated these incidents and counseled Kohn concerning his inappropriate behavior. Zaracki Aff. at ¶ 3.3
In or about August 1996, Zaracki states she again met with Kohn (the "August 1996 Meeting") to discuss a "Career Plan Summary" of the performance expectations and future goals of Kohn. Id. at ¶ 4.4 The Career Plan Summary states, in relevant part:
[Kohn] desires to further his advancement within AT & T and to obtain an overseas assignment. To indicate his readiness for such advancement, [Kohn] must demonstrate:
• Subject matter expertise in the area of international pricing and the relevant WPC/WPA processes and policies associated with influencing of pricing strategy Worl dSourceSM Services across the Association.
• Successful leadership of a broad range of Partnership, WPC and Member teams in the achievement of mutual goals/objectives for WorldSourceSM Services.
[Kohn] has only just joined WPC as the Pricing and Business Analysis Manager. He should continue in this position for at least 2 more years. This position will give [Kohn] the opportunities to demonstrate his readiness for advancement or placement in an overseas assignment. To facilitate this personal development, [Kohn] should concentrate his efforts in the following areas:
1. Improving his interpersonal skills and cultural awareness by demonstrating effective relationship management with peers, customers and suppliers — recognizing cultural differences and modifying his management approach to their needs.
2. Improving his ability to plan and organizing work activities. [Kohn] must focus on `making it easy' for others to support his projects, complete activities necessary for WPC success, etc.
3. Demonstrate his willingness and ability to help others succeed while ensuring that his business objectives are also being met. This will require [Kohn] to successful [sic] multi-task while producing quality work on time.
Career Plan Summary. Zaracki states that during the August 1996 Meeting, she advised Kohn he needed to improve upon his interpersonal skills, cultural awareness and ability to plan and organize work activities. Zaracki Aff. at ¶ 4.
Following the August 1996 Meeting, Zaracki states she "continued to receive complaints about Kohn's work performance and his interactions with other employees." Id. at ¶ 5. Zaracki also states she personally observed "deficiencies in Kohn's performance, including the fact that he was missing commitments and was having difficulty managing his projects." Id. As a result, Zaracki states she held a "coaching/feedback session" with Kohn in October 1996 (the "October 1996 Feedback Session") to help Kohn improve his performance. Id. She describes the session as follows:
During this session, I advised Kohn that his work performance was declining and that his peers and clients were complaining about his behavior and lack of respect, and that if he did not improve, he would be in danger of receiving a `Partially Met' appraisal rating for the year. I also provided Kohn with a Coaching/Feedback [D]ocument5 which described his career objectives and detailed the skills needed for him to succeed.
During the October 1996 Feedback Session, Zaracki states she also provided Kohn with a written Development Plan detailing her expectations for him for the remainder of 1996. See id. at ¶ 6.6
Also during the October 1996 Feedback Session, Zaracki states she "discussed with, and provided to, Kohn, numerous examples of his inappropriate behaviors and performance deficiencies." Id. She additionally states she prepared and provided to Kohn a document entitled "Illustrative Examples — S. Kohn Development Opportunities" (the "Illustrative Examples Document") which detailed examples of his inappropriate behavior.7 Zaracki then recommended Kohn contact the Employee Assistance Program. Zaracki Aff. at ¶ 6.
According to Zaracki, Kohn "did not satisfactorily complete the Development Plan[.]" Id.8
Kohn, by contrast, denied:
that Ms. Zaracki `continued to receive complaints' about [his] performance and interactions `throughout the second half of 1996.' There was only one instance during that period when this was brought to [his] attention, ... [by way of the Illustrative Examples Document]. When [Kohn] followed up with the individuals identified [in the document], [he] discovered that they denied complaining or reporting the incidents reflected in the document. [He] conclude[d] that this document is simply further evidence of Ms. Zaracki's attacks on [him].
Kohn Certif. at ¶ 28. He further states:
Ms. Zaracki's characterizations of the [October 1996 Feedback Session] is [sic] also false. She did not advise me at that time that my work performance was declining and that peers and clients were complaining .... The coaching/feedback session was addressed simply to my getting a promotion and an overseas assignment, developments which reflected the opposite of declining performance and increasing complaints. I deny Ms. Zaracki's statements that I was missing commitments and having difficulty managing my projects.
Kohn asserts the "difficulties arose because of Ms. Zaracki's disregard for the legal problems raised by her instructions to me." Id. Specifically, Kohn states he "objected to carrying out [Zaracki's] instructions with respect to distributing certain price books because of antitrust reasons discussed with legal counsel for AT & T." Id. at ¶ 4; see also Amended Complaint at ¶¶ 30-31 ().9 He likewise alleges he failed to complete the IGD process development and trial documentation because "communications among different telephone companies concerning that `integrated global discount' may reasonably be thought to constitute a violation of the antitrust laws." Amended Complaint at ¶ 23; see also id. at ¶¶ 25-27; Kohn Certif. at ¶¶ 4, 5.
Kohn further asserts he "successfully completed in all material respects the [Development] Plan, insofar as it could be completed, without giving effect to illegal actions." Kohn Certif. at ¶ 8. Kohn opines his sensitivity to these alleged legal problems "prevented AT & T and the members of [WPC] from the legal liability that would have followed" had he completed his assigned tasks. Id. at ¶ 5.
It appears from a memorandum sent by Zaracki to Kohn, dated 29 October 1996, (the 29 October 1996 Memorandum) that Kohn was informed there were no legal impediments to completing his assignments. See 29 October 1996 Memorandum.10 Kohn was directed to complete his projects, which had been "clearly identified" in his objectives since the preceding April, notwithstanding his reservations. See id.
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