Patterson v. Best Buy Co.

• Decision Date: 20 January 2015
• Docket Number: Case No. 1:13-cv-49
• Parties: ROSSILLEE PATTERSON, et al., Plaintiffs, v. BEST BUY CO., INC., Defendant.
• Court: U.S. District Court — Southern District of Ohio

ROSSILLEE PATTERSON, et al., Plaintiffs, v. BEST BUY CO., INC., Defendant.

Case No. 1:13-cv-49

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

January 20, 2015

Judge Timothy S. Black

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON ALL CLAIMS ASSERTED BY PLAINTIFF ROBERT REED (Doc. 42)

This civil action is before the Court on Defendant's motion for summary judgment on all claims asserted by Robert Reed (Doc. 42) and the parties' responsive memoranda (Docs. 64, 101).

I. BACKGROUND

Plaintiff is a former Connective Business Group Manager at Best Buy. After successfully being employed by Best Buy for nearly nine years, Plaintiff initiated this lawsuit. Plaintiff alleges that Best Buy discriminated against him on the basis of race for failure to promote, failure to train, disparate pay, and constructive discharge.¹

II. UNDISPUTED FACTS²

1. Best Buy is a well-known consumer electronics retailer with stores located throughout the United States. (Doc. 42, Ex. 2 at ¶ 2).

2. In Greater Cincinnati, Best Buy currently operates five retail locations. (Doc. 42, Ex. 2 at ¶ 2).

3. During his Best Buy career, Plaintiff worked for Best Buy in Michigan, Ohio, and Kansas. (Doc. 77 at 38, 44-45, 68-69).

4. The last store Plaintiff worked at in Ohio was Best Buy Store 153 located on East Kemper Road (hereinafter "Tri-County"). (Doc. 77 at 56).

5. Plaintiff began his employment with Best Buy in 2004. (Doc. 77 at 165, Ex. 7).

6. Plaintiff admits that he is generally familiar with Best Buy's policies and procedures. (Doc. 77 at 97-98).

7. Plaintiff admits that Best Buy's policies prohibit discrimination, prohibit harassment and provide employees with a variety of complaint procedures. (Doc. 77 at 98, Ex. 4).

8. As to the complaint procedures, Plaintiff was aware of Best Buy's open door policy and employee hotline. (Doc. 77 at 98-100).

9. Best Buy's complaint procedures include a hotline phone number for Best Buy's HR Support Center that can be used anonymously. (Doc. 77 at 100, Ex. 4).

10. Plaintiff admits that he utilized the hotline number on a number of occasions during his employment. (Doc. 77 at 103-104, Ex. 5).

11. Plaintiff was employed by Best Buy from October 2004 through June 2013. (Doc. 77 at 76, Ex. 7).

12. Plaintiff briefly left his Best Buy employment in 2005 for another job, but was rehired by Best Buy in 2006. (Doc. 77 at 41-42, Ex. 7).

13. When initially hired, Plaintiff's rate of pay was $10.00 an hour. (Doc. 77 at 60).

14. At the time of his resignation, Plaintiff's hourly rate of pay was $25.27 an hour and his annual salary was $52,000. (Doc. 77 at 32).

15. In addition to this substantial increase in pay, Plaintiff further admits that he was promoted to acting General Manager, the top management position in the Best Buy stores, on two separate occasions. (Doc. 77 at 22).

16. Plaintiff's initial position was part-time because Plaintiff accepted employment with Best Buy as a second job. (Doc. 77 at 38).

17. After a couple of months of employment, Best Buy promoted Plaintiff to a full-time position. (Doc. 77 at 41).

18. In 2007, Plaintiff applied for an opening in Ohio and transferred to Best Buy's Store 494 located in Cincinnati, Ohio (hereinafter "Fields-Ertel"). (Doc. 77 at 44-45).

19. Plaintiff stayed at Fields-Ertel until 2009. (Doc. 77 at 45).

20. In 2009, due to a reorganization at Best Buy, Plaintiff was notified that his supervisory position at Fields-Ertel was going to be eliminated. (Doc. 77 at 45-46).

21. However, with the help of his General Manager, Tim Oldean, Plaintiff was able to not only find another position with Best Buy prior to the termination of his employment, but the new position was a promotion. (Doc. 77 at 45; Doc. 81 at 36-39).

22. In 2010, Plaintiff transferred to Best Buy Store 153 located on East Kemper Road (hereinafter "Tri-County"). (Doc. 77 at 56).

23. Plaintiff remained at Tri-County until he sought and received a transfer to a Best Buy store located in Kansas. (Doc. 77 at 68-69; Doc. 42, Ex. 2 at ¶ 4).

24. Plaintiff received a $2,500 relocation allowance at the time of his transfer. (Doc. 77 at 74).

25. Plaintiff transferred to Kansas in a management position. (Doc. 77 at 74).

26. Plaintiff changes management roles in April 2013. (Doc. 77 at 75).

27. On June 20, 2013, due to a rumor that he would be placed on a Performance Improvement Plan, Plaintiff voluntarily resigned from his employment with Best Buy. (Doc. 77 at 76).

28. Plaintiff admits that Best Buy has a formal application process for open positions. (Doc. 77 at 179-180).

29. Plaintiff admits that he successfully used the application process in 2012 to transfer to Kansas. (Doc. 77 at 181; Doc. 42, Ex. 2 at ¶ 5).

30. In addition, Plaintiff admits that his Best Buy career included a number of promotions. (Doc. 77 at 128-129).

31. Plaintiff pointed to three positions that he would have liked to have received during his employment at Best Buy. (Doc. 77 at 126-127).

32. Plaintiff admits that he did not formally apply for any of the positions. (Doc. 77 at 179-180).

33. Plaintiff claims that he elected not to apply on each occasion because Kelly Broyles, the District Human Resources Manager, told him that he was not yet ready. (Doc. 77 at 179-180).

34. Plaintiff does not recall Broyles being direct in her statement, but rather just telling him that there was "a couple more things" to complete. (Doc. 77 at 180-181).

35. Plaintiff admits that he still was free to apply for the open positions, but he elected not to apply because he believe he would not be awarded the position due to Broyles' statements. (Doc. 77 at 179-180).

36. The first position was a Magnolia Brand Manager. (Doc. 77 at 127).

37. Plaintiff was working with the Magnolia Brand Manager, Eric McMillan, to take over the position after McMillan moved to a new position in Best Buy. (Doc. 77 at 127-128).

38. However, after McMillan exited the Magnolia Brand Manager position, Best Buy eliminated the position and no Best Buy employee received the promotion. (Doc. 77 at 127-128).

39. The position reopened after Plaintiff transferred to Kansas, but Plaintiff elected not to apply. (Doc. 77 at 128).

40. The second position at issue was a General Manager position that came open in March 2010 at Best Buy's Store 617 located in Fairfield Township, Ohio (hereinafter Bridgewater Falls"). (Doc. 77 at 133).

41. April Quevedo was awarded this open position. (Doc. 77 at 133; Doc. 42, Ex. 2 at ¶ 7).

42. Plaintiff had been in a management position for just over one year at this time. (Doc. 77 at 133).

43. Plaintiff admits that Quevedo was also in a management position prior to the promotion. (Doc. 77 at 133).

44. In fact, Plaintiff admits that Quevedo had held management positions for a longer period than Plaintiff. (Doc. 77 at 133).

45. The third position at issue was a General Manager position that opened in 2011 at Tri-County. (Doc. 77 at 130).

46. Plaintiff admits that he was placed into the interim General Manager position after the position came open due to an employee separation. (Doc. 77 at 130).

47. However, the position was ultimately awarded to Tim Oldean, Plaintiff's former General Manager. (Doc. 77 at 130-131; Doc. 42, Ex. 2 at ¶ 8).

48. Oldean was in a General Manager position and transferred into the open General Manger position. (Doc. 77 at 131-132).

49. Plaintiff admits that Oldean was qualified for the General Manger position. (Doc. 77 at 132).

50. Plaintiff admits that Best Buy offers online training to all Best Buy employees. (Doc. 77 at 124-125, Ex. 6).

51. Plaintiff's training record from 2009 through 2012 is quite extensive. (Doc. 77, Ex. 6).

52. In addition to this online training, Plaintiff's former General Manager, Tim Oldean, recalls that Plaintiff was selected by Eric McMillan, Plaintiff's General Manger, to attend General Manager Training. (Doc. 81 at 40-41).

53. General Manager training was focused on a small group of management employees in the District who were handpicked by their General Managers for eventual promotion into the General Manger position. (Doc. 81 at 40-41).

54. Oldrean recalls that this training took place in 2011. (Doc. 81 at 40-41).

55. However, due to the change in District Mangers in late 2011, Oldean recalls that this General Manager program ended in Plaintiff's district at that time. (Doc. 81 at 40-41).

56. Co-Plaintiff Rossilee Patterson also recalls Plaintiff and Co-Plaintiff Larry Patterson being selected for this General Manger training by Best Buy management. (Doc. 76 at 48).

57. Rossilee Patterson does not recall who recommend Plaintiff for this training. (Doc. 76 at 151).

58. Plaintiff admits that he was never suspended during his employment with Best Buy. (Doc. 77 at 171).

59. Finally, Plaintiff admits that he received a raise every year he was in management with Best Buy. (Doc. 77 at 179).

60. Plaintiff identified a number of incidents that occurred during his employment with Best Buy that he believed raised race issues. The first incident Plaintiff described took place in August 2010. (Doc. 77 at 112).

61. Plaintiff alleges that a General Manager saw a part-time, African American employee carrying a MacBook Pro and said, "I know how much I pay her. We need to count inventory." (Doc. 77 at 112).

62. The next incident involved the General Manager kicking a third party, sales representative out of the building because the General Manger believed the individual was lazy and was on his phone all day rather than working for Best Buy. (Doc. 77 at 112).

63. The individual was a black male. (Doc. 77 at 112).

64. Plaintiff next alleges that a General Manager told Plaintiff that he did not believe a black female should be promoted because she is lazy and walks around like "she owns the store with her big lips hanging out." (Doc. 77 at 113).

65. Plaintiff finally alleges that a General Manger said that he would beat a Latino employee "like a Mexican piñata." (Doc. 77 at 115).

III. STANDARD OF REVIEW

A motion for summary judgment should be granted if the evidence...