Swartzbaugh v. State Farm Insurance
Swartzbaugh v. State Farm Insurance
Opinion of the Court
MEMORANDUM
This matter is before the Court on the motions of the defendant State Farm Insurance Companies (“State Farm”) for summary judgment. See Fed.R.Civ.P. 56. The plaintiff has filed a memorandum in opposition to the motions.
The plaintiff brings this action pursuant to the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202, and the Missouri Human Rights Act (“MHRA”), Mo.Rev.Stat. § 213.010 et seq. The plaintiff claims that the defendant demoted her because of her age. She further claims that upon her demotion she was paid less than the male employee she replaced, and that the defendant retaliated against her for filing a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”).
The plaintiff began working for State Farm as a secretary in 1969 and is still employed there. In April 1990, the plaintiff was promoted to the position of claim specialist MA-3. In this position, the plaintiff was responsible for investigating, evaluating and settling insurance claims. According to the claim specialist MA-3 job description, the position is intended for claim representatives who “demonstrate a high degree of ability in their job performance.”
In November 1990, the plaintiffs supervisors began documenting the plaintiffs inabili
Despite the noted improvements, the plaintiff was unable to maintain an acceptable level of performance. Performance problems similar to those addressed by other supervisors were documented by claim superintendent Tim Wooldridge in a November 25,1991 performance review letter. On November 12, 1992 claim superintendent Chuck Henderson advised the plaintiff that she would be placed on probation for 60 days because of the mishandling of an arbitration matter.
Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment shall be entered “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” In ruling on a motion for summary judgment the court is required to view the facts in the light most favorable to the non-moving party and must give that party the benefit of all reasonable inferences to be drawn from the underlying facts. AgriStor Leasing v. Farrow, 826 F.2d 732, 734 (8th Cir. 1987). The moving party bears the burden of showing both the absence of a genuine issue of material fact and its entitlement to judgment as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586-587,106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986); Fed.R.Civ.P. 56(c). Once the moving party has met its burden, the non-moving party may not rest on the allegations of her pleadings but must set forth specific facts, by affidavit or other evidence, showing that a genuine issue of material fact exists. Fed. R.Civ.P. 56(e). Rule 56(c) “mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corporation v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).
I. ADEA CLAIM
The plaintiff, who was 42 years old at the time of her demotion, alleges that her
In the present case, the Court concludes that the plaintiff cannot establish a prima facie case of discrimination. The plaintiff’s poor work performance demonstrates that she was not qualified for the claim specialist MA-3 position. See Richmond, v. Board of Regents of University of Minnesota, 957 F.2d 595, 598 (8th Cir. 1992). The documents submitted by the defendant show that during an approximate two-year period, the plaintiffs performance was unsatisfactory, that she was given numerous warnings, and that her performance showed no long-term improvement. Given this evidence, the plaintiff cannot establish that she was qualified for the claim specialist MA-3 position from which she was demoted.
Assuming, arguendo, that the plaintiff could establish a prima facie case of age discrimination, the defendant has offered a legitimate, nondiscriminatory reason for plaintiffs demotion and transfer. As discussed above, the affidavits and performance evaluations submitted by the defendant demonstrate that the plaintiff was demoted to the claim representative MA-1 position because of her poor job performance as a claim specialist MA-3. The evidence further shows that the plaintiff was transferred because the Hazelwood facility had the only available claim representative MA-1 position. Thus, the Court finds that the defendant has met its burden of articulating a legitimate, nondiscriminatory reason for the plaintiffs demotion and transfer. See Richmond, 957 F.2d at 598.
The burden now shifts back to the plaintiff to establish that the defendant’s articulated reason is merely a pretext for age discrimination. To satisfy her burden, the plaintiff must produce evidence that is capable of proving that the real reason for her demotion and transfer was age diserimina
In the present case, the only evidence of pretext offered by the plaintiff are conclusory allegations in her complaint that she was treated differently than younger claim representatives. Although evidence of disparate treatment can support a claim of pretext, the plaintiff must prove that she and the younger employees were “similarly situated in all relevant respects.” Harvey v. Anheuser-Busch, Inc., 38 F.3d 968, 972 (8th Cir. 1994). The plaintiff, however, has offered no evidence that she was “similarly situated” to the employees whom she asserts were disciplined less severely. Indeed, the plaintiff has not even identified any employee who was treated more favorably. Consequently, the Court concludes that the plaintiff has failed to meet her burden of establishing that the defendant’s stated reason for the demotion and transfer was pretextual. See Richmond, 957 F.2d at 598.
Because the plaintiff has failed to establish that the defendant violated the ADEA, she is not entitled to declaratory relief under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. See Bibbs v. Block, 778 F.2d 1318, 1322-23 (8th Cir. 1985).
II. DISPARATE PAY CLAIM
The plaintiff also claims that following her demotion the defendant violated Title VII and the MHRA
In order to succeed on her Title VII
In the present case, the plaintiff cannot establish a prima facie case because her position as a claim representative MA-1 was not substantially equal to the position held by the male employee she claims she replaced at the Hazelwood facility. See Stevens v. St. Louis University Medical Center, 831 F.Supp. 737, 741 (E.D.Mo. 1993), aff'd, 97 F.3d 268 (8th Cir. 1996). The plaintiff contends that she replaced a male claim specialist MA-3. However, the affidavit of the plaintiffs supervisor at the Hazelwood facility, Randy Lee Kaiser, demonstrates that the plaintiff did not perform the work of a claim specialist MA-3 while at Hazelwood.
III. RETALIATION CLAIM
The plaintiff also claims that the defendant retaliated against her after she filed the July 7, 1993 EEOC charge of discrimination. Specifically, the plaintiff claims that the defendant retaliated against her by transferring her to the Hazelwood facility, by “keeping” her at the Hazelwood facility and by failing to give her “performance appraisals and other benefits of employment” after her transfer.
To succeed on a claim of retaliation
As to the transfer to Hazelwood and the denial of performance appraisals and other benefits of employment, the Court concludes that the plaintiff has failed to establish a prima facie case of retaliation. First, the plaintiff has failed to prove a causal connection between the filing of her July 7, 1993 EEOC charge and her January 1993 transfer to the Hazelwood facility. Because the plaintiff filed her EEOC charge six months after she was transferred to the Hazelwood facility, the filing of the EEOC charge could not have been the basis for her transfer. See Harlston v. McDonnell Douglas Corp., 37 F.3d 379, 382 (8th Cir. 1994).
Second, the plaintiff cannot establish that she was denied performance appraisals after her transfer. The defendant has submitted copies of the 1994 and 1995 performance appraisals signed by the plaintiff. In addition, the defendant has submitted evidence showing that the plaintiff received a raise in 1995. Consequently, the court concludes that the plaintiff has failed to establish that the defendant took an adverse employment action against her after she filed her EEOC charge by refusing to give her “performance appraisals and other benefits of employment.”
Finally, as to the claim that the defendant is keeping the plaintiff at the Hazel-wood facility because of a retaliatory motive, the Court will assume, arguendo, that the plaintiff can establish a prima facie ease. Even so, the plaintiffs claim fails because the defendant has offered a legitimate, nondiscriminatory reason for the plaintiffs continued assignment to the Hazelwood facility. The evidence shows that the Hazelwood facility is the only State Farm office in this area that can accommodate a claim representative MA-1 position on a long-term basis. The plaintiff has offered no evidence that this nondiscriminatory reason for her assignment is merely a pretext for discrimination. Consequently, the Court concludes that the
ORDER
In accordance with the Memorandum filed herewith this date,
IT IS HEREBY ORDERED that the motions of the defendant for summary judgment are granted.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment in favor of the defendant State Farm Insurance Companies and against the plaintiff Sherry Swartzbaugh. The plaintiff shall bear the costs.
. In her deposition, the plaintiff testified that several of defendant’s employees made sexually offensive comments to her. The defendant argues that any claim of sexual harassment that the plaintiff may assert based on this conduct is time-barred and is without merit. Because the plaintiff has not made any allegations of sexual harassment in her complaint, the Court will not address the issue.
. The plaintiff had failed to file an answer with the local arbitration board despite specific instructions to do so.
. Melton’s memorandum outlined the efforts made by State Farm to remedy the plaintiff’s performance problems. The ameliorative measures included time management training, reassignment of files to other claim representatives, and limiting the number of new files assigned to the plaintiff. While these measures led to short-term improvement, according to Melton there was no long-term, permanent change in the plaintiff’s job performance.
. Besides relief under the ADEA, the plaintiff also seeks declaratory relief under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. Specifically, she asks the Court to declare that the defendant has engaged in employment practices in violation of the ADEA.
. The plaintiff argues that because the job descriptions for claim representative MA-1 and claim specialist MA-3 are similar, if she was qualified to do the work of the former it follows that she was also qualified to perform the work of the latter. The Court disagrees. Although the job descriptions are similar, they differ in at least one significant respect. The claim specialist MA-3 position is designed for claim representatives who "demonstrate a high degree of ability in their job performance." The job description further states that the position requires minimal supervision and limited day-to-day direction. The defendant's evidence demonstrates that the plaintiff did not meet these requirements.
. The analysis of Title VII claims is applicable to claims brought under the MHRA as well. See Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994); Kramer v. K & S Associates, 942 F.Supp. 444, 446 (E.D.Mo. 1996).
. The standard is the same whether the plaintiff proceeds under Title VII or the Equal Pay Act, 29 U.S.C. § 206(d). See McKee v. Bi-State Development Agency, 801 F.2d 1014, 1019 (8th Cir. 1986).
.In response, the plaintiff has offered no evidence to controvert the defendant's proffered evidence. Consequently, the plaintiff has failed to meet her burden of demonstrating the existence
. The elements of a prima facie case of retaliation are the same under Title VII and the ADEA. See O'Bryan v. KTIV Television, 64 F.3d 1188, 1193 (8th Cir. 1995). In addition, the analysis is the same for an MHRA claim. Finley v. Empiregas, Inc. of Potosi, 975 F.2d 467, 473 (8th Cir. 1992).
Reference
- Full Case Name
- Sherry SWARTZBAUGH v. STATE FARM INSURANCE COMPANIES
- Status
- Published