Ajisefinni v. KPMG LLP

17 F. Supp. 3d 28, 2014 U.S. Dist. LEXIS 21650, 2014 WL 658405
CourtDistrict Court, C.D. California
DecidedFebruary 12, 2014
DocketCivil Action No.: 11-cv-123(RC)
StatusPublished
Cited by21 cases

This text of 17 F. Supp. 3d 28 (Ajisefinni v. KPMG LLP) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ajisefinni v. KPMG LLP, 17 F. Supp. 3d 28, 2014 U.S. Dist. LEXIS 21650, 2014 WL 658405 (C.D. Cal. 2014).

Opinion

[33]*33Re Document No.: 38

MEMORANDUM OPINION

Granting Defendant’s Motion for Summary Judgment

RUDOLPH CONTRERAS, United States District Judge

I. INTRODUCTION

Plaintiff, a black Nigerian female, was employed as a “senior auditor” by Defendant, KPMG, from September 2001 to June 2008. She was terminated by KPMG effective June, 30, 2008. Plaintiff has filed suit against KPMG on three counts: 1) Discrimination, retaliation, hostile work environment, and wrongful termination on the basis of her race and national origin, in violation of Title YII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e, et seq., 2) violation of the District of Columbia Human Rights Act, D.C. Code § 1-2501, et seq., and 3) breach of contract and violation of KPMG’s Equal Employment Opportunity Policy. The Defendant has moved for summary judgment on the grounds that Plaintiff has failed to present sufficient facts to permit a reasonable jury to conclude that Plaintiff was the victim of race or national origin discrimination. As explained more fully below, the Court concludes that the Defendant’s motion for summary judgment should be granted.

II. FACTUAL BACKGROUND

A. Structure and Operations of KPMG

Defendant, KPMG is a global network of professional firms providing a variety of accounting services to its clients through its Tax, Audit, and Advisory services practices. Aff. of Sudammi K. Ranasinghe, ¶ 3, Def.’s Mot. Summ. J., Ex. B., May 17, 2013, ECF No. 38. Within these practices are a number of different groups, including the Management Assurance Services group or Audit group (hereinafter “MAS”), the Business Measurement Process group (hereinafter “BMP”), and the Internal Audit Regulatory and Compliance Services group (“IARCS”). Id. at ¶4. Services are provided to KPMG clients through projects known as “engagements,” and employees who are scheduled on these engagements are often required to travel to the client site location. Id. at ¶ 3.

As part of its performance evaluation process, KPMG requires all employees to complete a self-assessment and to then forward the forms on to the employee’s manager. KPMG requires evaluations for specific engagements, an interim year, and for an entire performance year. Id. at ¶ 5. The purpose of the performance evaluation process is to “provide constructive feedback to the individual employee with suggestions for improvement while also providing them with a performance rating for evaluation purposes on an annual basis.” Id. For each engagement, the engagement manager completes the engagement evaluation for the staff, and the performance manager reviews and amalgamates each of the engagement evaluations into interim and year-end performance reviews. Dep. Paula B. Ajisefinni, 36-37, PL’s Opp’n to Def.’s Mot. Summ. J., Ex. K, July 17, 2013, ECF No. 42.

KPMG utilizes a “9-Box” performance rating system for assessing the performance of KPMG staff. Dep. Ajisefinni, 41, 78-9. The rating system is divided into three general categories: a rating of 7-9 indicates that the employee “Needs Improvement,” a middle rating of 4-6 indicates that the employee is a “Strong Performer,” and finally a rating of 1-3 indicates that the employee is an “Exceptional Performer.” Id. KPMG evaluates its employees based on their business results, skills, behaviors, and values. Id. at 41.

[34]*34B. Plaintiffs Employment at KPMG

1. Plaintiffs Hire

Plaintiff began working at KPMG LLP in the Washington, DC office MAS practice on September 24, 2001. Dep. Ajisefin-ni, 24. On Sept 14, 2001, Plaintiff received a copy of the firm’s Equal Employment Opportunity Policy on sexual and other unlawful harassment, and signed an acknowledgment that she received and understood the policy. EEO Policy, Defi’s Mot. Summ. J., Ex. O.

It is undisputed that at the time of Plaintiffs hire, she had passed two parts of the Certified Public Accountant (“CPA”) exam. Dep. Ajisefinni, 14. During her time at KPMG, Plaintiff was unable to pass the remaining two portions of the CPA exam and in fact allowed the two portions she had already passed to lapse. Id. at 17.

Given her prior work experience, including her time as a senior auditor at Deloitte & Touche, LLP, Resume of Paula Ajisefin-ni, Pl.’s Opp’n, Ex. G, KPMG’s MAS practice hired Plaintiff as a senior associate at a starting annual salary of $60,000. Dep. Ajisefinni, 24-25. Defendant alleges that by the time Plaintiff was terminated in 2008, her yearly compensation was $78,000. Def.’s Mot. Summ. J., at 4. As of 2003, Plaintiff had received no increase in pay. Washington Assurance Salary Review, Pl.’s Surreply in Support of Opp’n, Ex. 1, Oct. 21, 2013, ECF No. 53. Plaintiff concedes, however, that by 2008, her pay had increased. Dep. Ajisefinni, 33.

2. Plaintiffs Performance Evaluations in the MAS Practice

Plaintiff was required to complete a self-assessment on her year-end review in 2001 in the MAS practice. In this assessment, Plaintiff wrote that she maintained a good working relationship with client management and properly utilized KPMG technology tools. 2001-2002 Year-End Review, 39, Def.’s Mot. Summ. J., Ex. F. In that self-assessment, Plaintiff also listed that one of her main goals was to pass the remaining portions of the CPA exam by May 2003. Id. In her seven years at KPMG, Plaintiff was unable to fully pass the CPA exam. Dep. Ajisefinni, 14. By the time she left KPMG in 2008, the two portions of the exam that Plaintiff had previously passed had also lapsed. Id.

By contrast, Plaintiffs performance manager in the MAS practice in 2001, Eric Holt, wrote that Plaintiff “is currently unable to fulfill the role we have asked her to play.” 2001-2002 Year-End Review, 45. Specifically, Plaintiff did not have “an internal audit background. As a result, she does not have the ... knowledge and experience required to be successful as a senior associate.” Id. The end-of-year review .rated Plaintiff as “Needs Improvement” and made two suggestions for Plaintiff moving forward: 1) move Plaintiff to another group within KPMG where her skills were better suited to the job requirements or 2) demote Plaintiff to an associate position with a corresponding reduction in pay. Id.

3.Plaintiffs Transfer to the BMP Practice and Subsequent Performance Evaluations

Plaintiff requested and was granted a transfer to the BMP Practice group on October 1, 2002. Dep. Ajisefinni, 48. This group engaged in external audit work for clients and was led in the Mid-Atlantic region by Diane Dudley. Id. at 50. In early 2003, Ms. Dudley sat down with Plaintiff to allegedly convey a concern that Plaintiffs work product was not at the level of a senior associate. Def.’s Mot. Summ. J., at 5. It is undisputed that during the meeting, Ms. Dudley notified [35]*35Plaintiff that a pay reduction and move to a lower associate level might be in order. Dep. Ajisefinni, 136. Plaintiff declined the demotion and pay decrease. Id. Plaintiff further alleges that Ms.

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Bluebook (online)
17 F. Supp. 3d 28, 2014 U.S. Dist. LEXIS 21650, 2014 WL 658405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ajisefinni-v-kpmg-llp-cacd-2014.