Snyder v. Saberliner Corp.
| Decision Date | 14 December 1999 |
| Docket Number | No. 4:97CV2584LOD.,4:97CV2584LOD. |
| Citation | 101 F.Supp.2d 1239 |
| Court | U.S. District Court — Eastern District of Missouri |
| Parties | Sandra K. SNYDER, Plaintiff, v. SABERLINER CORP., Defendant. |
Larry A. Bagsby, St. Charles, MO, for Plaintiff.
James N. Foster, Jr., Shelley M. Roither, McMahon, Berger, Hanna, Linihan, Cody & McCarthy, St. Louis, MO, for Defendant.
This matter is before the Court upon the motions of defendant Saberliner Corporation for summary judgment, for partial summary judgment, and to compel and to strike. The parties have consented to the exercise of jurisdiction by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).
Plaintiff, a female, alleges in her complaint that defendant discriminated against her because of her sex by subjecting her to different terms and conditions of employment than those imposed on male employees. Plaintiff alleges that defendant discriminated against her by denying her raises and vacation time, subjecting her is intimidation, placing unreasonable expectations on her, placing her on probation, and demoting her. Plaintiff further alleges that she was placed on probation and then demoted in retaliation for her seeking assistance from higher management regarding the discriminatory treatment she was receiving. Finally, plaintiff claims that she was wrongfully discharged. Plaintiff claims these acts violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.1
Defendant argues in its motion that plaintiff's claims of discrimination fail because plaintiff did not establish a prima facie case. Defendant argues that there is no evidence that plaintiff was meeting defendant's legitimate job expectations or that she was subjected to different terms and conditions of employment than similarly situated male managers. Defendant also argues that plaintiff's claim of retaliation fails as there is insufficient evidence of any causal connection between plaintiff's being put on probation and her engaging in any protected activity.
Additionally, defendant claims that the record supports the legitimacy of it placing plaintiff on probation and that there is no evidence in the record of any pretext. Furthermore, defendant argues that plaintiff's claim of retaliatory demotion fails due to the fact that she was never demoted. Lastly, defendant argues that plaintiff's claim of wrongful discharge fails because she was not discharged and she failed to satisfy the administrative prerequisites to maintain that claim.
In response, plaintiff argues that she can establish all of the elements of a prima facie case of discrimination and of retaliation and that defendant's articulated reasons for its acts against plaintiff were not legitimate. Plaintiff also argues that she has properly raised her claim of wrongful discharge. Lastly, plaintiff claims that defendant's articulated reasons for its acts against plaintiff were not legitimate. In reply, defendant argues that plaintiff has still failed to establish a prima facie case of discrimination and of retaliation. Defendant also again argues that plaintiff cannot recover for constructive discharge because she failed to raise that claim at the administrative level. Lastly, defendant argues that plaintiff has not rebutted defendant's articulated reasons for its acts nor proven pretext.
Viewed in the light most favorable to plaintiff, the evidence shows that plaintiff was hired by defendant in April of 1990 as a Procurement Project Manager. In 1991 plaintiff was promoted to the position of Manager Purchasing. In 1992 and 1993 plaintiff received generally positive evaluations from her supervisor, Claire Stewart. Plaintiff received pay raises each year from 1992-94. In February 1994 Stewart denied plaintiff a raise because she had missed too much time for jury duty and due to a hysterectomy. Plaintiff complained to upper management, and in April of 1994 plaintiff received a salary increase retroactive to February 1, 1994.
In July of 1994, Stewart provided plaintiff a third assessment which indicated that plaintiff needed to develop her management skills. This review also reflected that the issues and tasks previously set for plaintiff were not yet accomplished or addressed by plaintiff. In September of 1994, Stewart provided plaintiff with an update on her performance. He noted ongoing performance deficiencies.
In 1994 and 1995 plaintiff did not receive discretionary bonus pay. In February of 1995, plaintiff complained to Larry Smith, the Human Resource Director, about her treatment by Stewart. Plaintiff claimed that Stewart was imposing impossible reporting requirements. A meeting between the three parties did not resolve the problem. In 1995, plaintiff requested vacation for the week of August 21-25, 1995. Stewart requested, first orally and then via writing, that plaintiff submit a plan for coverage in her department during her absence. Plaintiff submitted a written plan, and her vacation request was then approved.2
In June of 1995, plaintiff again complained to Smith and also Bob Dowd, another member of upper management. Plaintiff complained that she was treated differently because she was a woman. Mr. Dowd spoke with Stewart regarding plaintiff's complaints.
In August of 1995, Stewart placed plaintiff on probation for three months, beginning September 1, 1995. Stewart told plaintiff this was because of plaintiff's ongoing performance difficulties. Upon completion of her probation, Stewart was of the opinion that plaintiff's performance had not adequately improved. On November 27, 1995, Stewart met with plaintiff and told her that she would no longer be Manager Purchasing. Rather than demote plaintiff, a new position was to be created for her. Plaintiff worked the remainder of the week. Plaintiff became distraught, so she went to her physician and was granted a leave of absence. Plaintiff did not return to work.
Plaintiff remained off work from December 4, 1995 until June 30, 1996. Plaintiff was cleared to return to work at that time with the provision that she have a change of supervision. Plaintiff never returned to work, but she did receive disability benefits from defendant. Plaintiff's employment terminated, effective January 1, 1998, at the conclusion of the maximum two-year period allowed under defendant's long-term disability plan.
This Court must grant summary judgment if, based upon the pleadings, admissions, depositions and affidavits, there exists no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party must initially demonstrate the absence of an issue for trial. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548. Once a motion is properly made and supported, the non-moving party may not rest upon the allegations in his pleadings but must instead set forth specific facts showing that there is a genuine issue of material fact for trial. Fed.R.Civ.P. 56(e).
Title VII prohibits employment discrimination on the basis of race, gender, religion, or national origin. 42 U.S.C. § 2000e-2(a). The order and allocation of proof are governed by the three-stage burden shifting analysis set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) and St. Mary's Honor Center v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). See Ryther v. KARE 11, 108 F.3d 832, 836 (8th Cir.), cert. denied, 521 U.S. 1119, 117 S.Ct. 2510, 138 L.Ed.2d 1013 (1997)
Initially, plaintiff must establish a prima facie case of discrimination, and if she does so, the burden shifts to defendant who must articulate a legitimate, nondiscriminatory reason for the adverse employment action in order to rebut a presumption of discrimination Breeding v. Arthur J. Gallagher and Co., 164 F.3d 1151, 1156-57 (8th Cir.1999). If defendant sustains this burden of producing evidence of a nondiscriminatory reason for its actions, the presumption drops from the case and plaintiff has the opportunity to demonstrate that the proffered reason was not the true reason for the employment decision, i.e., plaintiff may prove that the proffered reason was a pretext for unlawful discrimination. Id. The plaintiff must then present evidence, such as conduct or statements by decision-makers, that directly reflect a discriminatory attitude sufficient to permit the jury to infer that that attitude was more likely than not a motivating factor in the employer's decision. Nelson v. J.C. Penney Co., Inc., 70 F.3d 962, 965 (8th Cir.1995), cert. denied, 519 U.S. 813, 117 S.Ct. 61, 136 L.Ed.2d 23 (1996).
To establish a prima facie case of employment discrimination under Title VII, plaintiff is required to show that: 1) she is a member of a protected group; 2) she was performing her job at a level that met her employer's legitimate expectations; 3) she suffered an adverse employment action; and 4) there are facts adequate to permit an inference of discrimination, such as nonmembers of her class were not treated the same. Ghane v. West, 148 F.3d 979, 981 n. 3 (8th Cir. 1998); Breeding v. Arthur J. Gallagher and Co., 164 F.3d 1151, 1156 (8th Cir. 1999).
To establish a prima facie case of retaliation requires plaintiff to show: 1) that she engaged in statutorily protected activity; 2) that she suffered an adverse employment action; and 3) that a casual connection existed between the adverse employment action and the protected activity. Artis v. Francis Howell North Band Booster Ass'n., Inc., 161 F.3d 1178, 1182 (8th Cir.1998). An adverse employment action is defined under Title VII to include only those actions that cause a "materially significant disadvantage." Harlston v. McDonnell Douglas Corp., 37 F.3d 379, 382 (8th Cir.1994); Manning v....
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