Parrish v. Ford Motor Co.

• Decision Date: 02 August 1990
• Docket Number: No. 89-6290,89-6290
• Citation: 909 F.2d 1484
• Parties: Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit. L. Alan PARRISH, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 1484

909 F.2d 1484

Unpublished Disposition

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.

L. Alan PARRISH, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Appellee.

No. 89-6290.

United States Court of Appeals, Sixth Circuit.

Aug. 2, 1990.

Before MILBURN and DAVID A. NELSON, Circuit Judges, and ENGEL, Senior Circuit Judge.

PER CURIAM.

This is an action for, among other things, a purported violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. Secs. 621, et seq. A magistrate ruled in favor of the defendant employer on various nondispositive matters, and also recommended a grant of partial summary judgment for the employer on the ADEA claim. When these matters came before the district court on objections filed by the plaintiff, the court entered an order in which, citing 28 U.S.C. Sec. 636(b)(1)(A) and Rule 72(a), Fed.R.Civ.P., the court stated that the magistrate's recommendations were not "clearly erroneous or contrary to law."

The magistrate subsequently recommended a grant of summary judgment for the defendant on the remaining claims asserted by the plaintiff. (These included claims of "outrageous conduct" or intentional infliction of emotional distress, defamation, and retaliation.) Again the district court accepted the magistrate's recommendations. This time, however, the court made de novo determinations on the portions of the magistrate's report to which the plaintiff objected.

The plaintiff raises five issues on appeal: (1) whether the district court erred in failing to conduct a de novo examination of the ADEA claim; (2) whether the district court erred in accepting the magistrate's conclusion that the "continuing violation" and "equitable tolling" doctrines did not prevent the ADEA claim from being barred by reason of the plaintiff's failure to file an administrative charge within 300 days of the alleged discrimination; (3) whether the district court erred in granting summary judgment before the plaintiff had been able to obtain more of the discovery he sought; (4) whether there were genuine issues of material fact that would bar summary judgment; and (5) whether the district court abused its discretion in denying leave to amend the complaint to add class-action allegations.

We shall vacate the judgment on the ADEA claim, not being satisfied that the district court conducted the necessary de novo review, and we shall direct the district court to consider, in connection with its review, whether additional discovery should be allowed with respect to that claim. The rulings of the district court on the remaining matters will be affirmed.

I

Plaintiff L. Alan Parrish began his employment with defendant Ford Motor Company in 1965. He worked his way up through the ranks, and in May of 1984, despite certain health problems, he was promoted to the job of production manager of Ford's Kentucky truck plant.

In October of 1985 Mr. Parrish met with plant officials to discuss his potential for further promotion. A tape-recording of the meeting, made by Parrish surreptitiously, indicates that Plant Manager Jim Whyte expressed the opinion that there was an age-based "window" for promotion at Ford; Whyte thought Parrish, at 46 years of age, was beyond the age of promotability. "It's practiced policy," Whyte said. Ford admits that these statements were made, but denies that they reflect Ford's practice or policy.

In November of 1986 Parrish again met with Whyte and others to discuss promotion prospects. At that meeting, also tape-recorded, Whyte told Parrish that "they are looking for people that can go through the organization and have some years left in them when they get to my position [plant manager]," and you have to move "basically by the time you are 40 years old."

At a meeting in February of 1987 Whyte told Parrish that "I've never questioned your ability," but "[a]s you get older age works against you in some respects. It's a fact of life." "[In h]indsight," Parrish responded, "I should have moved sooner. I am 48 and I'm too damned old." Whyte replied, "In fairness, yes you are." Parrish nevertheless requested a lateral transfer to another Ford location in the hope that it would improve his chances for promotion. Industrial Relations Manager Jim Henry told Parrish that he "could probably get [Parrish] a transfer out," a move that "may or may not get [Parrish] an assistant plant manager's job."

In June of 1987 Mr. Parrish was admitted to the Duke University Medical Center for ten days due to chest pain and urticaria, a skin condition. He admitted that he had suffered chest pains as early as 1982, but one of his treating physicians attributed the health problems to his having been told he was too old to be promoted.

Parrish began an extended medical leave on August 31, 1987. He was still on leave in November of 1987, when Assistant Plant Manager George Kormanis prepared a job performance appraisal that rated Parrish "satisfactory minus"--the second lowest possible rating--despite Parrish's "excellent high" ratings from 1982-1985. ^* Pursuant to standard procedure, Kormanis reviewed this appraisal with various officials at the plant and at Ford headquarters. Because Parrish was on leave, the appraisal was not reviewed with him personally. Neither was it placed in his personnel file.

Parrish's doctors having forbidden him to return to work as production manager, but a Ford doctor having expressed the opinion that Parrish could perform less stressful work, Ford suggested in January of 1988 that he accept an opening in the plant's sales department. Although the job carried a lower grade level (10 rather than 12) and fewer fringe benefits, it would have allowed him to retain the same salary. After conferring with his psychiatrist, Parrish decided not to accept the sales job.

On February 15, 1988, a week before his medical leave was scheduled to end, Parrish met at the truck plant with Jim Henry and Supervisor of Salaried Personnel Mike Chipman to discuss what would happen next. Henry and Chipman told Parrish that if he did not return to work at the end of his leave, he would be "taken off the rolls." This would involve his being placed on inactive status and losing certain fringe benefits. (According to Henry's affidavit, executives at the Kentucky truck plant had no authority to extend Parrish's medical leave beyond February of 1988. The leave was eventually extended by Ford headquarters.)

On February 23, 1988, Parrish filed an administrative age discrimination charge with the Kentucky Commission on Human Rights and the United States Equal Employment Opportunity Commission. On June 3, 1988, more than 60 days having elapsed after the filing of the charge (see 29 U.S.C. Sec. 626(d)), Parrish commenced the present litigation by filing a complaint in the United States District Court for the Western District of Kentucky.

The complaint alleged that Ford had "denied Parrish promotion and/or the possibility of promotion continuously since 1984 to February 23, 1988, solely because of Parrish's age." The complaint was subsequently amended to add allegations on efforts to mitigate damages and to add claims for intentional infliction of emotional distress, defamation, and retaliation.

Discovery proceedings were begun promptly after the filing of the complaint, and Parrish took four depositions in July of 1988. Among them were the depositions of Whyte, Henry, and Kormanis. In October of 1988 Parrish served interrogatories and document production requests that may have been designed, in part, to develop support for a class action. Ford objected to many of these discovery requests, and such information as the company furnished appears to have been rather limited in scope. It is not clear to us whether Ford was or was not sufficiently forthcoming with information as to what career development opportunities might have been open to Parrish, but for his age, in other parts of the country during the relevant time frame.

In November of 1988 the district court entered an order referring the case to a magistrate. In addition to being directed to conduct a scheduling conference, the magistrate was instructed to determine "all non-dispositive matters," in accordance with 28 U.S.C. Sec. 636(b)(1)(A), and to submit findings of fact and recommendations for disposition of "all other matters," in accordance with 28 U.S.C. Sec. 636(b)(1)(B).

In December of 1988 Parrish moved for leave to file an amended complaint that would have added class action allegations. The magistrate denied the motion. Parrish filed timely objections to this ruling, but the district court agreed with the magistrate that leave to amend should be denied.

In the same month in which Parrish tendered his class action amendment, Ford moved for partial summary judgment on the ADEA claim. This motion was soon followed by one in which Ford moved for summary judgment on the remaining claims. On March 2, 1989, the magistrate stayed all discovery pending disposition of both motions. Parrish objected, but the district court sustained the stay. The court also denied a motion filed by Parrish to compel discovery.

As to Ford's motion for summary judgment on the ADEA claim, the magistrate recommended granting the motion on the ground that Parrish had failed to file his EEOC charge within 300 days after learning of the occurrence of the alleged unlawful practice. (See 29 U.S.C. Sec. 626(d), imposing a 300-day limitation period in states that have discrimination laws like Kentucky's.) Parrish filed a timely objection to this recommendation. The district court dealt with the matter in the same order in which it sustained the magistrate's stay of discovery and denial of leave to amend the complaint. Without differentiating...