Quintana v. Fujifilm N. Am. Corp.

• Decision Date: 30 March 2015
• Docket Number: Civil Action No. 13–CV–2505–L.
• Citation: 96 F.Supp.3d 601
• Parties: Martin QUINTANA, Plaintiff, v. FUJIFILM NORTH AMERICA CORP., Defendant.
• Court: U.S. District Court — Northern District of Texas

96 F.Supp.3d 601

Martin QUINTANA, Plaintiff

v.FUJIFILM NORTH AMERICA CORP., Defendant.

Civil Action No. 13–CV–2505–L.

United States District Court, N.D. Texas, Dallas Division.

Signed March 30, 2015.

W. D. Masterson, III, Theodore Carl Anderson, III, Kilgore & Kilgore PLLC, Dallas, TX, for Plaintiff.

Paul Ellis Hash, Julie Ann Farmer, Jackson Lewis PC, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

SAM A. LINDSAY, District Judge.

Before the court is Defendant's Motion for Summary Judgment (Doc. 29), filed July 3, 2014. After considering the motion, response, reply, summary judgment evidence, record, and applicable law, the court grants Defendant's Motion for Summary Judgment.

I. Factual and Procedural Background

This is an employment discrimination case. Plaintiff Martin Quintana (“Quintana”), who was terminated in June 2012 as part of a reduction in force (“RIF”) by his employer, FUJIFILM North America Corporation (“FNAC”), filed this lawsuit on May 22, 2013 against FNAC in the 14th Judicial District Court, Dallas County, Texas. On June 28, 2013, FNAC timely removed the action to this court based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). Quintana, a Hispanic male, alleges that FNAC unlawfully discriminated against him based on age, race, and national origin when it eliminated his position during the RIF, in violation of the Texas Commission on Human Rights Act (“TCHRA”), Texas Labor Code § 21.001 et seq.¹ Quintana also alleges that FNAC violated the TCHRA by retaliating against him for engaging in protected activity, and by subjecting him to harassment and a hostile work environment. Among other things, Quintana seeks compensatory and punitive damages, attorney's fees, and costs. The court now sets forth the evidence, viewed in the light most favorable to Quintana, as the nonmovant, and draws all reasonable inferences in his favor. See Celotex v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

A. Quintana's Employment with FNAC

FNAC's Graphic Systems Division (“FNAC–GSD”) markets graphic imaging equipment and related products and services. Def.'s App. 1. The Commercial Graphics unit of FNAC–GSD sells and services Fujifilm and non-Fujifilm products to commercial printers that have offset printing presses. Id. The Digital Solutions group, a part of the Commercial Graphics unit, is responsible for selling electronic imaging solutions and Xerox products to Commercial Graphic's customers. Id.

On or about January 23, 2006, FNAC hired forty-eight-year old Quintana, a Hispanic male and native of Cuba, to work in its Graphic Systems Division as a Digital Solutions Specialist, Sales (“DSS”). Id. at 2; Pl.'s App. 125.² As a DSS, Quintana's duties included selling digital press equipment, platesetters, workflow, and related products and services, as well as expanding FNAC–GSD's business base and cross-selling additional products and services to FNAC–GSD's existing customers. Def.'s App. 2. Quintana worked as a DSS for approximately six years. Id. at 3. He initially reported to Phil Kane, then-Vice President of Digital Sales. Id. at 2. Beginning in 2011, Quintana began reporting directly to his next-level manager, Ron Peterson (“Peterson”), National Director of Sales Solutions, a Caucasian male. Peterson, in turn, reported to John Sowold (“Sowold”), Vice President, Field Sales, a Caucasian male. Id. Sowold reported to Todd Zimmerman, Vice President & General Manager, also a Caucasian male. Id.

Quintana generally worked remotely but was assigned to FNAC–GSD's Irving, Texas facility. Id. Quintana twice earned top equipment sales representative, and performed in the top four or five in sales every year since he was hired. Pl.'s App. 125. Quintana performed above average by all standards compared to the sales team. Id.

Peterson, who was Quintana's supervisor at the time of the RIF, supervised the Digital Solutions group, which consisted of twenty employees. Id. at 83; Def.'s App. 35. Of the twenty employees that Peterson supervised, all were male, and the only two minorities were Quintana and Joe Galindo, who worked in the Los Angeles area and was also Hispanic. Pl.'s App. 86, 126. Other than Quintana, Robert Nordman (“Nordman”), a Caucasian male, was the only other employee who held the position of DSS reporting to Peterson in the Dallas area. Def.'s App. 2.

B. Quintana's May 2, 2012 Conversation with Peterson

On May 2, 2012, Quintana and Peterson met in Austin, Texas, to make multiple sales calls. Pl.'s App. 29. While in Quintana's car, Peterson and Quintana had a conversation concerning diversity in the workplace that Quintana describes in his deposition as follows:

Q. Okay. The context of the statement, can you tell me what you were talking about?

A. We were talking about the lack of diversity within our sales group. Mr. Peterson stated that he had concerns about the lack of diversity.

His statement—and I quote—it looks like a bunch of graying old men, white men, and he had, according to his statement at the time to me, had brought it up to HR but they didn't seem too concerned about it.

* * *

Q. And just so—how did you respond to him?

A. It was incredible, and I may—you know, I may have said, you know, yeah, there is a problem. We were talking about it and there is a problem and sometimes I feel harassment.

Id. Quintana did not raise any concerns to the Human Resources Department following this conversation, or at any time during his employment, about age, race, or national origin discrimination. Def.'s App. 4, 57, 105–06, 118, 121.

C. FNAC's Anti–Harassment and Discrimination Policies

During the relevant time period, FNAC maintained an Equal Employment Opportunity Policy and an Anti–Harassment and Discrimination Policy, which, among other things, prohibited discrimination in employment-related decisions on any unlawful basis, including age, race, and national origin. Id. at 2, 5, 6–8. FNAC's policies also prohibited retaliation, and provided that anyone who engages in discrimination or retaliation will be subject to disciplinary action, including termination from employment. Id. at 3, 5, 8. Additionally, FNAC's policies and standards included procedures for an employee to report alleged violations of policies, including reporting suspected violation to managers, the Human Resources Department, FUJIFILM Holdings America Corporation's Compliance or Legal Department, or the Company Hotline via telephone or e-mail. Id. at 4, 5, 8, 10. 25–26, 27. Quintana received Company policies at the time of his hire. Id. at 30, 51–52, 113.

D. The Workforce Reduction

Beginning in June 2012, as part of an effort to reduce costs and expenses during a decline in the graphic arts business and economy, and to reposition itself to remain in business, FNAC underwent a RIF affecting all of its Commercial Graphics group within the Graphic Systems Division. Id. at 3, 118, 120–21. FNAC chose employees for the RIF based on their location, business function, duplicative or redundant job position and tenure. Id. In the Digital Solutions team, FNAC sought to eliminate sales positions in the two locations that were not top performers, namely, the Dallas area and the Los Angeles area. FNAC determined that only one DSS was needed to support the existing sales volume and other duties in these two areas, and selected those DSS positions with the shortest tenure in the affected areas. In the Dallas area, of the two DSS employees (Quintana and Nordman), Quintana had the shortest tenure (6.4 years versus Nordman's twenty years). Id. at 3, 53, 118, 121. Similarly, in the Los Angeles area, FNAC selected the DSS with the shortest tenure for the RIF, Joe Galindo.Id. at 3, 118, 121. The DSS position held by Quintana was eliminated. Id. at 118, 121. No employee was subsequently hired to fill his position. Id.

Zimmerman and Sowold made the RIF selections, and did not consult with Peterson about Quintana's selection. Id. at 3, 118, 121. Peterson had no involvement in the RIF selection process. Id. at 118, 121. Sowold and Zimmerman did not know Quintana's age, race, or national origin at the time they selection his DSS position as part of the RIF. Id. at 118, 121.

On June 5, 2012, FNAC–GSD announced the RIF. Id. at 3. FNAC informed Quintana, and other affected employees, that the Company was eliminating their positions and that their employment would end on July 2, 2012. Id. FNAC ultimately terminated nine employees across the country in Commercial Graphics as part of the RIF. Id. at 3, 120. Within Peterson's Digital Solutions team, originally comprising twenty employees nationally, the RIF resulted in the elimination of only Quintana's and Galindo's positions, leaving no minorities on the Digital Solutions team. Pl.'s App. 126. At the time of the RIF, Zimmerman was fifty-three years old, Sowold was fifty-seven years old, Plaintiff Quintana was fifty-four years old, and Nordman was fifty-one years old. Def.'s App. 2, 118, 121, 122.

E. Quintana's Charge of Discrimination and Lawsuit

Quintana timely filed a charge of discrimination with the Texas Workforce Commission and the Equal Opportunity Employment Commission, alleging age, race, and national origin discrimination, as well as retaliation, harassment, and hostile work environment. Id. at 122–23. After receiving his right to sue notices, Quintana filed his Original Petition on May 22, 2013 in state court. Following timely removal to this court, on July 3, 2014, FNAC filed its motion for summary judgment as to all Quintana's claims. FNAC contends that Quintana cannot establish a prima facie case of discrimination or retaliation, and that, even if he has, he has not raised a genuine dispute of material fact that FNAC's legitimate, nondiscriminatory reason for terminating his employment was pretextual or retaliatory. FNAC also argues that it is entitled to summary judgment since Quintana presents no genuine dispute of material fact that FNAC was a hostile work environment. On July 14, 2014, Quintana...