Shikles v. Sprint/United Management Company, Case No. 02-2556-KHV.
| Decision Date | 28 October 2003 |
| Docket Number | Case No. 02-2556-KHV. |
| Parties | DAVIS L. SHIKLES, Plaintiff, v. SPRINT/UNITED MANAGEMENT COMPANY, Defendant. |
| Court | Kansas Supreme Court |
Davis L. Shikles brings an age discrimination claim against Sprint/United Management Company ("Sprint") under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. The matter is before the Court on Defendant Sprint/United Management Company's Motion For Summary Judgment (Doc. #68) filed August 8, 2003. For reasons stated below, the Court sustains defendant's motion.
Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Fed. R. Civ. P. 56(c); accord Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986); Vitkus v. Beatrice Co., 11 F.3d 1535, 1538-39 (10th Cir. 1993). A factual dispute is "material" only if it "might affect the outcome of the suit under the governing law." Anderson, 477 U.S. at 248. A "genuine" factual dispute requires more than a mere scintilla of evidence. Id. at 252.
The moving party bears the initial burden of showing the absence of any genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986); Hicks v. City of Watonga, Okla., 942 F.2d 737, 743 (10th Cir. 1991). Once the moving party meets its burden, the burden shifts to the non-moving party to demonstrate that genuine issues remain for trial "as to those dispositive matters for which it carries the burden of proof." Applied Genetics Int'l, Inc. v. First Affiliated Secs., Inc., 912 F.2d 1238, 1241 (10th Cir. 1990); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986); Bacchus Indus., Inc. v. Arvin Indus., Inc., 939 F.2d 887, 891 (10th Cir. 1991). The non-moving party may not rest on her pleadings but must set forth specific facts. Applied Genetics, 912 F.2d at 1241.
The Court must view the record in a light most favorable to the party opposing summary judgment. See Deepwater Invs., Ltd. v. Jackson Hole Ski Corp., 938 F.2d 1105, 1110 (10th Cir. 1991). Summary judgment may be granted if the non-moving party's evidence is merely colorable or is not significantly probative. See Anderson, 477 U.S. at 250-51. "In a response to a motion for summary judgment, a party cannot rely on ignorance of facts, on speculation, or on suspicion, and may not escape summary judgment in the mere hope that something will turn up at trial." Conaway v. Smith, 853 F.2d 789, 794 (10th Cir. 1988). Essentially, the inquiry is "whether the evidence presents a sufficient disagreement to require submission to the jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson, 477 U.S. at 251-52.
The following facts are either undisputed or, where disputed, construed in the light most favorable to plaintiff.
Plaintiff Davis L. Shikles was born on July 22, 1941. Shikles was 56 years old when Sprint hired him in March of 1997, and 60 years old when Sprint terminated his employment five years later, on March 13, 2002. While employed by Sprint, plaintiff was referred to as the "old man." Plaintiff does not recall who called him an old man, the occasions upon which he was called an old man, whether anyone witnessed him being called an old man, the number of times he was called an old man or why he was called an old man. Shikles Deposition at 242-45, Exhibit O to Memorandum In Support Of Defendant's Motion For Summary Judgment ("Memorandum In Support") (Doc. #69) filed August 8, 2003.
Sprint maintains an internal posting system which announces job openings to employees. Jobs have different titles and job grades. Employees who seek promotions find postings that interest them and express interest through the Job Interest Request ("JIR") process.
Sprint initially hired plaintiff as an Associate Analyst-Billing. While employed at Sprint, plaintiff applied for and received several promotions, including Analyst-Billing, Billing Analyst II, and most recently — on July 31, 2000 — Billing Analyst III.1 Pretrial Order (Doc. #70) filed August 14, 2003, Stipulation 5. Plaintiff received seven pay raises while employed at Sprint.2 At the time of his termination, plaintiff worked in Sprint's Billing and Invoices Services ("BIS") group within the Revenue/Financial Services organization.
In the 300 days before plaintiff filed his charge with the Equal Employment Opportunity Commission ("EEOC"), he submitted requests for 14 vacant positions listed on 12 job postings.3 Sprint cancelled three of these vacancies. Sprint received many applications for each of the 11 remaining positions. In filling them, Sprint evaluated candidates based on their qualifications and experience for each position, and in accordance with company procedures. At the time that he applied for these positions, plaintiff was at grade level 74. Plaintiff interviewed for one position, but Sprint determined that he was not the most qualified candidate for that or any of the other positions.
The details of each position which plaintiff applied for are as follows:
A. Project Manager II, North Supply Posted on May 3, 2001 Special skills required: System organizational and product knowledge 23 applicants Successful candidate: Janis Yarnevich Candidate qualifications: Current North Supply sales project specialist
B. Manager I, Business Development, Affiliate Relations Group Posted on August 2, 2001 Level 77 Special skills required: none listed 28 applicants Successful candidate: Kristina McFeeters Candidate qualifications: Level 76 employee with strong retail and sales background
C. Analyst III, Process, Consumer Processes Group Posted on July 11, 2001 Level 75 Special skills required: Research analysis & evaluation of customer solutions contact center processes, policies & systems; management of medium to long term projects 170 applicants Successful candidate: Shawn Gillum Candidate qualifications: Level 75 program manager, strong experience in customer care, project manager on electronic billing product cross-functional development team D. Analyst III, Process, Consumer Processes Group Posted July 13, 2001 Level 75 Special skills required: Maintenance, research, analysis & evaluation of systems, processes & applications in consumer processes group 39 applicants Successful candidate: Susan McDonald Candidate qualifications: Served successfully in project manager role for 3 years, supporting product test team
E. Project Manager III, Cone Operations, Customer Care Posted August 3, 2001 Level 76 Special skills required: Build & maintain effective relationships with business process owners, call center managers, & other key members within Sprint & vendors 55 applicants Successful candidate: Ray Pereira (took one level downgrade to accept position) Candidate qualifications: Experience in training development within Customer Care, & in vendor relations, project management & call center operations, including call center startups
F. Senior Process Analyst, Customer Care Posted July 25, 2001 Level 76 Special skills required: Proven project management skills, including ability to manage multiple projects of varying size & complexity; ability to organize & lead cross-functional teams 23 applicants Successful candidate: Janell Stricklan Candidate qualifications: As business automation manager, she had been responsible for managing client/business unit relationships; held project analyst position in past
G. Project Manager III, Global Vendor Management (Customer Care) Posted August 9, 2001 Level 76 Special skills required: Ability to build & maintain effective relationships with call center managers, business process owners & other key members within Sprint & global vendors 57 applicants Successful candidate: Diana Carey Candidate qualifications: Had been successful Project Manager III in vendor management and in operations and staffing H. Analyst III, Process, Product & Business Development Posted July 10, 2001 Level 75 Special skills required: Work with cross-functional teams on operational issues for product/data support, implementation, enhancement of processes & support of data products 34 applicants Successful candidate: Patricia Brown Candidate qualifications: Served as Customer Relations Manager; project-managed large client installations & developed methods & procedures for tracking orders; served as public affairs manager & as inside sales manager
H. Revenue Consultant V/VI, Billing Strategy, Revenue/Financial Services Posted July 24, 2001 Level 76 (one position) Level 75 (two positions) Special skills required: Strong understanding of business requirements for "Renaissance" billing system & impacts to existing systems & organizations 19 applicants Successful candidates: 1) Phillip Lewis; 2) Jason Thompson; 3) Shelby Brown Candidate qualifications: 1) served in BIS at level 76, participated in early requirementsgathering on Renaissance system; 2) developed training curriculum for Billing Information Management Department and authored numerous methods and procedures documents; 3) represented the Billing Information Management Department in its dealings with Sprint's outside vendor for previous billing system, worked on two billing system releases, had background as a subject-matter expert on major pricing initiatives, such as simplified pricing.
Affidavit Of Suzanne McVey at 4-7, Exhibit A to Memorandum In Support (Doc. #69).4
Plaintiff testified that "it seemed apparent that promotions were always given to the younger people immaterial of experience."
As noted above, plaintiff initially worked as an Associate...
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