Wallace v. Beech Aircraft Corp.

• Decision Date: 12 January 2000
• Docket Number: No. 96-4128-SAC.,96-4128-SAC.
• Citation: 87 F.Supp.2d 1138
• Parties: Lorna J. WALLACE, Plaintiff, v. BEECH AIRCRAFT CORPORATION, a/k/a Raytheon Aircraft Corporation, Defendant.
• Court: U.S. District Court — District of Kansas

87 F.Supp.2d 1138

Lorna J. WALLACE, Plaintiff, v. BEECH AIRCRAFT CORPORATION, a/k/a Raytheon Aircraft Corporation, Defendant.

No. 96-4128-SAC.

United States District Court, D. Kansas.

January 12, 2000.

James E. Benfer, Beth R. Foerster, McCullough, Wareheim & LaBunker, P.A., Topeka, KS, for Plaintiff.

Kathryn Gardner, Terry l. Mann, Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., Wichita, KS, for Defendant.

MEMORANDUM AND ORDER

CROW, Senior District Judge.

The case comes before the court on the defendant's motion for summary judgment (Dk.101). This is an employment discrimination case in which the plaintiff Lorna J. Wallace ("Wallace") alleges the defendant Beech Aircraft Corporation ("Beech") discriminated against her because of her age in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621, et seq., and the Kansas Age Discrimination in Employment Act ("KADEA"), K.S.A. § 44-1111. She also alleges a state law claim for breach of an implied employment contract. Both sides request oral argument on the pending motion. The court does not believe that oral argument would materially assist it in resolving the arguments advanced.

PRETRIAL ORDER

The parties' memoranda are confusing because they do not lay out the different claims still at issue in this case and do not link their arguments to the particular claims. The pretrial order, which was filed subsequent to the parties' memoranda, sheds some light on what claims are remaining. As far as her age discrimination theories, the plaintiff Wallace asserts the following claims of discrimination in her factual contentions and legal theories: (1) In August of 1992, she was laid off because of her age, but she was told it was due to a reduction in force; (2) After the defendant Beech re-employed her one week later, the plaintiff worked for Department 887 before being transferred to Beech Sales Inc. ("BSI") in June of 1993, in violation of company policies and she was subjected to age discriminatory treatment there, including unfair job evaluations, inadequate secretarial equipment and exclusion from staff meetings; (3) In October of 1993, the plaintiff was transferred to the Flight Delivery Center where because of her age she received low performance evaluations, inadequate job training and no opportunity for improvement and was terminated in July of 1994; and (4) After her termination, the plaintiff has not been hired nor even interviewed for secretarial positions for which she is qualified. The court cannot find any mention of an implied contract claim in the plaintiff's factual contentions and legal theories portion of the pretrial order. Nonetheless, there is an issue of fact that states: "Whether defendant breached an implied contract related to termination of plaintiff's employment and to consider plaintiff for other employment." (Dk.129, p. 18).

SUMMARY JUDGMENT STANDARDS

A court grants a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure if a genuine issue of material fact does not exist and if the movant is entitled to judgment as a matter of law. The court is to determine "whether there is the need for a trial — whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). "Only disputes over facts that might affect the outcome of the suit under the governing law will ... preclude summary judgment." Id. There are no genuine issues for trial if the record taken as a whole would not persuade a rational trier of fact to find for the non-moving party. Matsushita Elec. Indust. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). "[T]here are cases where the evidence is so weak that the case does not raise a genuine issue of fact." Burnette v. Dow Chemical Co., 849 F.2d 1269, 1273 (10th Cir.1988).

The initial burden is with the movant to "point to those portions of the record that demonstrate an absence of a genuine issue of material fact given the relevant substantive law." Thomas v. Wichita Coca-Cola Bottling Co., 968 F.2d 1022, 1024 (10th Cir.), cert. denied, 506 U.S. 1013, 113 S.Ct. 635, 121 L.Ed.2d 566 (1992). If this burden is met, the nonmovant must "come forward with specific facts showing that there is a genuine issue for trial as to elements essential to" the nonmovant's claim or position. Martin v. Nannie and Newborns, Inc., 3 F.3d 1410, 1414 (10th Cir.1993) (citations omitted). The nonmovant's burden is more than a simple showing of "some metaphysical doubt as to the material facts," Matsushita, 475 U.S. at 586, 106 S.Ct. 1348; it requires "`present[ing] sufficient evidence in specific, factual form for a jury to return a verdict in that party's favor.'" Thomas v. International Business Machines, 48 F.3d 478, 484 (10th Cir.1995) (quoting Bacchus Industries, Inc. v. Arvin Indus., Inc., 939 F.2d 887, 891 (10th Cir.1991)). The court views the evidence of record and draws all reasonable inferences in the light most favorable to the nonmovant. Id. A party relying on only conclusory allegations cannot defeat a properly supported motion for summary judgment. White v. York Intern. Corp., 45 F.3d 357, 363 (10th Cir. 1995).

More than a "disfavored procedural shortcut," summary judgment is an important procedure "designed `to secure the just, speedy and inexpensive determination of every action.' Fed.R.Civ.P. 1." Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). At the same time, a summary judgment motion does not empower a court to act as the jury and determine witness credibility, weigh the evidence, or choose between competing inferences. Windon Third Oil and Gas v. Federal Deposit Ins., 805 F.2d 342, 346 (10th Cir.1986), cert. denied, 480 U.S. 947, 107 S.Ct. 1605, 94 L.Ed.2d 791 (1987).

Summary judgments "`should seldom be used in employment discrimination cases.'" O'Shea v. Yellow Technology Services, Inc., 185 F.3d 1093, 1098 (10th Cir. 1999) (quoting Smith v. St. Louis University, 109 F.3d 1261, 1264 (8th Cir.1997)). Because discrimination claims often turn on the employer's intent, courts ordinarily consider summary judgment inappropriate to settle an issue like intent, Cone v. Longmont United Hosp. Ass'n, 14 F.3d 526, 530 (10th Cir.1994); see Courtney v. Biosound, Inc., 42 F.3d 414, 418 (7th Cir.1994) ("[T]he summary judgment standard is applied with added rigor in employment discrimination cases, where intent and credibility are crucial issues." (quotation and citation omitted)). Even so, summary judgment is not "per se improper," Washington v. Lake County, Ill., 969 F.2d 250, 253 (7th Cir.1992), and may be useful in weeding out claims and cases obviously lacking merit, Summers v. State Farm Mut. Auto. Ins. Co., 864 F.2d 700, 709 (10th Cir.1988), overruled on other grounds, McKennon v. Nashville Banner Pub. Co., 513 U.S. 352, 115 S.Ct. 879, 130 L.Ed.2d 852 (1995).

STATEMENT OF UNCONTROVERTED FACTS

For purposes of this motion only, the court considers the following to be the uncontroverted facts relevant to its ruling:

1. At the age of 18, Wallace began working for Beech in 1956. Following reclassifications and transfers, she became a clerical staff member in 1970 and worked in that capacity for various managers.

2. In June of 1984, she and other employees in clerical positions were reclassified from the hourly employee payroll to the salaried nonexempt payroll ("NESP"). Before this reclassification, hourly employees were accorded generally the same treatment that was established by the collective bargaining agreement with the company and the International Association of Machinists and Aerospace Workers ("IAM"). Thus, hourly employees enjoyed certain recall rights after layoff. After reclassification, however, NESP employees no longer had recall rights and were subject to rehire only at the company's option. Wallace understood that she was an NESP employee who was not covered by the union agreement.¹

3. From 1985 to August of 1992, Wallace worked in Department 95 as a staff member and as a translator/interpreter. On August 7, 1992, she was laid off during a reduction in force. Wallace never filed any complaint with the KHRC or the EEOC regarding the August 1992 layoff.

4. On August 14, 1992, Wallace's employment with Beech resumed as she became a secretary in Department 887. Wallace did not have a problem with being recalled to this department and does not believe she suffered any discriminatory treatment because of her age while there. In 1993, Beech had another reduction in force and Wallace was chosen for layoff from Department 887. Just before the layoff, Wallace was loaned to Department 500, effective June 28, 1993, and was officially transferred there a week later. Department 500 was a small subsidiary company known as Beechcraft Sales, Inc. ("BSI").

5. Wallace has a number of complaints regarding her treatment while at BSI. She received several mixed job performance reviews. She spoke with Mike Sloan, manager of the Delivery Center (Department 59), saying she was interested if he ever had an opening. Concerned over her job at BSI, Wallace spoke with Don Cary, Vice President-Marketing, who in turn asked Mike Sloan to consider her for an opening there. Wallace was transferred to the Delivery Center on October 15, 1993. Wallace never filed with the KHRC or the EEOC an administrative charge alleging the events that occurred while employed at BSI.

6. The Delivery Center is where customers pick up their newly-purchased aircraft and where the company aircraft and private aircraft refuel. Wallace's job duties included basic secretary/receptionist work like answering telephones and taking messages, typing memoranda, greeting customers and handling customer inquiries, plus some retail sales work in...