Zephyr v. Ortho McNeil Pharmaceutical, 3:97cv2702 (AHN).

• Decision Date: 29 July 1999
• Docket Number: No. 3:97cv2702 (AHN).,3:97cv2702 (AHN).
• Citation: 62 F.Supp.2d 599
• Parties: J. Alix ZEPHYR v. ORTHO McNEIL PHARMACEUTICAL and M. Machan Littleton.
• Court: U.S. District Court — District of Connecticut

62 F.Supp.2d 599

J. Alix ZEPHYR v. ORTHO McNEIL PHARMACEUTICAL and M. Machan Littleton.

No. 3:97cv2702 (AHN).

United States District Court, D. Connecticut.

July 29, 1999.

Eroll V. Skyers, Skyers & Skyers, Bridgeport, CT, for Plaintiff.

Gary A. MacMillan, MacMillan & Lucas, Westport, CT, for Defendants.

RULING ON MOTION FOR SUMMARY JUDGMENT

NEVAS, District Judge.

The plaintiff, J. Alix Zephyr ("Zephyr"), brings this action against the defendants, Ortho McNeil Pharmaceutical ("OMP") and M. Machan Littleton ("Littleton"), alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 ("Title VII"), the Connecticut Fair Employment Practices Act, Conn. Gen.Stat. § 46a-60 ("CFEPA"), and the Civil Rights Act of 1866, 42 U.S.C. § 1981 ("§ 1981").

Now pending before the Court is the defendants' Motion for Summary Judgment. For the reasons that follow, the motion [doc. # 21] is GRANTED.

STANDARD OF REVIEW

A motion for summary judgment may not be granted unless the court determines that there is no genuine issue of material fact to be tried and that the moving party is entitled to judgment as a matter of law. See Rule 56(c), Fed.R.Civ.P.; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The substantive law governing the case identifies those facts that are material on a motion for summary judgment. See Anderson, 477 U.S. at 248, 106 S.Ct. 2505. A court must grant summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact." Rule 56(c); see Miner v. City of Glens Falls, 999 F.2d 655, 661 (2d Cir. 1993). A dispute regarding a material fact is genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.1992) (citation and internal quotation marks omitted). The party seeking summary judgment bears the burden of showing that no genuine dispute about an issue of material fact exists. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970).

After discovery, if the party against whom summary judgment is sought "has failed to make a sufficient showing on an essential element of [its] case with respect to which [it] has the burden of proof," then summary judgment is appropriate. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "Rule 56(e) ... requires the nonmoving party to go beyond the pleadings and by her own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial." Id. at 324, 106 S.Ct. 2548 (internal quotation marks omitted). In assessing the record to determine whether a genuine dispute as to a material fact exists, a court is required to resolve all ambiguities and draw all reasonable inferences in favor of the nonmovant. See Anderson, 477 U.S. at 255, 106 S.Ct. 2505; Kerzer v. Kingly Mfg., 156 F.3d 396, 400 (2d Cir.1998). Thus, "[o]nly when reasonable minds could not differ as to the import of the evidence is summary judgment proper." Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.1991) (citation omitted). A district court must be especially cautious about granting summary judgment in an employment discrimination case when the employer's intent is at issue. See Kerzer, 156 F.3d at 400.

FACTS

The following facts are undisputed.

Zephyr is an African American male who worked as a sales representative for OMP from September 16, 1991 to May 21, 1996. (See Local Rule 9(c)(1) Statement ¶ 1 [hereinafter "Def.'s Stat."]; Pl.'s Am. Local 9(c)(2) Statement ¶ 1 [hereinafter "Pl.'s Am. Stat."].) In January 1995, Littleton became Zephyr's supervisor when he assumed the position of sales manager for the district in which Zephyr worked. (See Def.'s Stat. ¶ 4; Pl.'s Am. Stat. ¶ 4.) At the time, that district was ranked as OMP's "lowest-performing" district in the United States. (See Def.'s Stat. ¶ 5; Pl.'s Am. Stat. ¶ 5.)

Zephyr primarily sold oral contraceptives for OMP. (See Def.'s Stat. ¶ 8; Pl.'s Am. Stat. ¶ 8.) In 1995, OMP's national average market share for the sale of oral contraceptives was about 38%, while Zephyr's territory's market share was about 31%. (See Def.'s Stat. ¶¶ 8-9; Pl.'s Am. Stat. ¶¶ 8-9.)

On five separate days between September 1995 and January 1996, Littleton accompanied Zephyr as he worked his sales territory and provided him with feedback on his performance and suggestions on how to improve his sales technique. (See Def.'s Stat. ¶ 7; Pl.'s Am. Stat. ¶ 7.) Zephyr only agreed with some, but not all, of Littleton's suggestions. (See Def.'s Stat. ¶ 10; Pl.'s Am. Stat. ¶ 10.) Subsequent to his field evaluations, Littleton rated Zephyr's performance as "Development Needed." (See Def.'s Stat. ¶ 11; Pl.'s Am. Stat. ¶ 11.) As a result of this rating, OMP suspended payment of certain incentive compensation that OMP had paid Zephyr in the past when he received higher ratings. (See Def.'s Stat. ¶ 13; Pl.'s Am. Stat. ¶ 13.)

In comparison to previous district managers for the district in which Zephyr worked, Littleton gave lower performance evaluations to seven of the thirteen sales representatives in the district. (See Def.'s Stat. ¶ 12; Pl.'s Am. Stat. ¶ 12.) Including Zephyr, Littleton rated four of those seven individuals as "Development Needed." (See Def.'s Stat. ¶ 12; Pl.'s Am. Stat. ¶ 12.) All six of the other individuals who received downgraded evaluations were white. (See Def.'s Stat. ¶ 12; Pl.'s Am. Stat. ¶ 12.) Moreover, Littleton never made any racially disparaging remarks to Zephyr. (See Def.'s Stat. ¶ 17; Pl.'s Am. Stat. ¶ 17).

At the end of March 1996, Littleton transferred to another district and William C. Long ("Long"), an African American male, became the manager for the district in which Zephyr worked. (See Def.'s Stat. ¶ 14; Pl.'s Am. Stat. ¶ 14.) As Littleton had, Long accompanied Zephyr as he worked his sales territory and evaluated him as needing improvement in some areas of his sales technique. (See Def.'s Stat. ¶ 15; Pl.'s Am. Stat. ¶ 15.)

On May 21, 1996, Zephyr resigned from his position at OMP. (See Def.'s Stat. ¶ 2; Pl.'s Am. Stat. ¶ 2.) At that time, he had accepted an offer of employment as a sales representative for Parke-Davis Pharmaceutical ("PDP"). (See Def.'s Stat. ¶ 3; Pl.'s Am. Stat. ¶ 3.) Zephyr's compensation at OMP in 1996 was $37,500 plus commissions. (See Def.'s Stat. ¶ 3; Pl.'s Am. Stat. ¶ 3.) His new position at PDP paid him $51,500 plus commissions. (See Def.'s Stat. ¶ 3; Pl.'s Am. Stat. ¶ 3.)

On December 16, 1997, Zephyr filed this action. His amended complaint alleges three causes of action. Zephyr claims that he was not given certain financial benefits, (see Am. Compl. § 26), and was forced to leave his employment at OMP and seek another job, (see Am. Compl. § 27), due to racial discrimination and harassment in violation of Title VII ("Count One"), CFEPA ("Count Two"), and § 1981 ("Count Three").

DISCUSSION

OMP moves for summary judgment on all three counts of Zephyr's complaint, while Littleton moves for summary judgment on the only counts remaining against him, Counts Two and Three.¹ In general, the defendants argue that all of Zephyr's claims must fail as a matter of law because he cannot establish (1) that the defendants effected any adverse employment actions against him or (2) that any of the alleged actions occurred because of his race.

The legal standard used to analyze Title VII liability applies to both CFEPA, see Proctor v. MCI Communications Corp., 19 F.Supp.2d 11, 14 n. 1 (D.Conn. 1998) (noting Title VII standard applies to CFEPA claims), and § 1981, see McLee v. Chrysler Corp., 109 F.3d 130, 134 (2d Cir. 1997) (applying same framework to claim of discriminatory discharge in violation of Title VII and § 1981). Therefore, as the parties have not argued and the Court does not discern any relevant differences between Zephyr's claims for the purposes of the current motion, the Court will adjudicate all three claims together.

Where, as here, a plaintiff alleges disparate treatment, the burden-shifting analysis of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), as interpreted by Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981), and St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993), applies. See Hollander v. American Cyanamid Co., 172 F.3d 192, 198 (2d Cir.1999) (citation omitted).

The Supreme Court has described the basic allocation of burdens and order of presentation applicable to a McDonnell Douglas disparate treatment analysis as follows:

First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant to articulate some legitimate, nondiscriminatory reason for the employee's rejection. Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.

Burdine, 450 U.S. at 252-53, 101 S.Ct. 1089 (citations and internal quotation marks omitted); see also Kerzer, 156 F.3d at 401. Although the burdens of production shift during this analysis, the "plaintiff at all times bears the ultimate burden of persuasion." Hicks, 509 U.S. at 511, 113 S.Ct. 2742 (citations and internal quotation marks omitted).

To establish a prima facie case of race discrimination, a plaintiff must prove that (1) he belonged to a protected group, (2) he was qualified for his position, (3) he suffered an...