Ballwanz v. Travenol Laboratories, Inc.

701 F. Supp. 627, 1988 U.S. Dist. LEXIS 13870, 47 Empl. Prac. Dec. (CCH) 38,248, 48 Fair Empl. Prac. Cas. (BNA) 966, 1988 WL 131907
CourtDistrict Court, N.D. Illinois
DecidedJuly 22, 1988
DocketNo. 85 C 9017
StatusPublished
Cited by1 cases

This text of 701 F. Supp. 627 (Ballwanz v. Travenol Laboratories, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ballwanz v. Travenol Laboratories, Inc., 701 F. Supp. 627, 1988 U.S. Dist. LEXIS 13870, 47 Empl. Prac. Dec. (CCH) 38,248, 48 Fair Empl. Prac. Cas. (BNA) 966, 1988 WL 131907 (N.D. Ill. 1988).

Opinion

ORDER

NORGLE, District Judge.

This case comes before the court on defendant’s motion for summary judgment. For the following reasons, the motion is granted.

Facts

Plaintiff began working for defendant, Travenol Laboratories, Inc. (now known as Baxter Healthcare Corp.) in 1973 as a machine operator. She was promoted to Quality Control (QC) Supervisor in 1976. Defendants’ QC Department consisted of two functional areas: production and support. Plaintiff and Bill Ewald were the two QC supervisors in the support function. There were four QC production supervisors: Lynn Friedlund, Karen Roberts, Terry Neff, and Ralph Rita. All six held the job title “Quality Control Supervisor.” However, their duties and responsibilities differed. For example, the QC production supervisors interfaced much more with production than the supervisors in the support function. QC supervisors of production and support were viewed as separate jobs; they were evaluated under different standards, and plaintiff refers to times she worked as a QC production supervisor (as opposed to her usual work as a QC support supervisor).

For economic reasons, the QC Department was instructed to evaluate areas where it could reduce personnel and thereby achieve cost savings. Kirk Tylor, the QC superintendent in charge of the support function, determined that there was a need for only one QC support supervisor. He recommended to his superior, Gary Bots-ford, the QC manager (who was in charge of the entire QC Department), that Ewald, rather than plaintiff, be retained. In July, [628]*6281984, Botsford decided to accept this recommendation. Subsequently, Botsford and Tylor effectively offered plaintiff a choice between an available technician position and a separation agreement providing plaintiff outplacement and four months severence pay. Plaintiff was offered this choice in November, 1987. Because she perceived the technician job as a demotion, she signed the separation agreement on November 14, 1984.

Plaintiff subsequently brought this action against defendant, claiming that her termination was based upon her age and therefore proscribed under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. Defendant argues that no genuine issues of material fact exist to support such a.claim.

Rule 56(c) of the Federal Rules of Civil Procedure provides that a summary judgment “shall be rendered forthwith 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.” Fed.R.Civ. P. 56(c). A dispute about a material fact is “genuine” if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). A plaintiff cannot rest on mere allegations of a claim without any significant probative evidence which supports his complaint. Id.; see First National Bank of Arizona v. Cities Service Co., 391 U.S. 253, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968). “One of the principal purposes of the summary judgment rule is to isolate and dispose of factually unsupported claims and defenses.” Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). Accordingly, the nonmoving party is required to go beyond the pleadings, affidavits, depositions, answers to interrogatories and admissions on file to designate specific facts showing a genuine issue for trial. Id.

In order to prove age discrimination under the ADEA, the plaintiff has the burden of proving that age was “a determining factor” in any adverse employment decision entered against her, in the sense that she would not have been subject to such action “but for” the defendant’s motive to discriminate against her because of her age. See, e.g., La Montagne v. American Convenience Products, Inc., 750 F.2d 1405, 1409 (7th Cir.1984). Plaintiff must first present a prima facie case for violation of the ADEA. To satisfy this burden in a reduction in force case, a plaintiff must show “that he was within the protected age group, that he was performing according to his employer’s legitimate expectations, that he was terminated, and that others not in the protected class were treated more favorably.” Oxman v. WLS-TV, 846 F.2d 448, 455 (7th Cir.1988).1 Here, plaintiff was 47 years old when she signed the separation agreement and at least one other QC supervisor, Lynn Friedlund, was under 40 and was not terminated. Furthermore, defendant has not argued that no reasonable jury could conclude that plaintiff was performing her job adequately. Thus, at least for purposes of this motion, plaintiff has come forth with a prima facie case for violation of the ADEA.

Because plaintiff has presented a prima facie case, the burden of production shifts to defendant to articulate a legitimate, nondiscriminatory reason for the adverse employment decision suffered by plaintiff. See, e.g., Dorsch v. L.B. Foster Co., 782 F.2d 1421, 1424 (7th Cir.1986). Defendant made a business decision to reduce its force where possible. Defendant further decided that there was only a need for one QC supervisor. Defendant also decided that of the two QC supervisors, Ewald was more qualified. Defendant presents evidence that Ewald had greater experience, education, and aptitude. Therefore, defendant has met its burden of production.

Once a defendant meets its articulation burden, the burden returns to the plaintiff [629]*629to prove by a preponderance of the evidence that the defendant’s articulated reason for terminating her was a “pretext” for discrimination. See, e.g., id. Evidence of pretext must be more than a mere re-examination of the validity of a defendant’s business judgment. Rather, that evidence must demonstrate that a discriminatory reason, rather than a performance-related reason was used. Id. at 1426.

Plaintiff offers two arguments to support a charge of pretext. First, plaintiff points to a conversation between plaintiff and Tylor, which occurred sometime between February, 1984 and November, 1984, which plaintiff alleges went as follows:

Referring to the emotional, rather than the physical trauma of a demotion, I said that I did not know if I could handle starting over. Kirk [Tylor] said, “It probably won’t be easy at your age.” I said you’d better be careful of that you say. He agreed and said yes, you could file suit.

(PLAffid. B, ¶ 2).

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701 F. Supp. 627, 1988 U.S. Dist. LEXIS 13870, 47 Empl. Prac. Dec. (CCH) 38,248, 48 Fair Empl. Prac. Cas. (BNA) 966, 1988 WL 131907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballwanz-v-travenol-laboratories-inc-ilnd-1988.