Brainerd v. Schlumberger Technology Corp.

589 F. App'x 406
CourtCourt of Appeals for the Tenth Circuit
DecidedJanuary 6, 2015
Docket14-1153
StatusUnpublished
Cited by5 cases

This text of 589 F. App'x 406 (Brainerd v. Schlumberger Technology Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brainerd v. Schlumberger Technology Corp., 589 F. App'x 406 (10th Cir. 2015).

Opinion

ORDER AND JUDGMENT *

GREGORY A. PHILLIPS, Circuit Judge.

Claire Brainerd is a trailblazer: in May 2011, Schlumberger Technology Corporation (Schlumberger) hired her to work as a mechanic in its push-pull department, making her the first woman to work in that shop. But Schlumberger ultimately considered Brainerd a sub-par employee, one who had a poor attitude and committed serious safety violations. After four months, the company had enough. Brain-erd’s supervisors decided that she could not improve her below average performance, so Schlumberger fired her. Brain-erd thought her dismissal was because she was a woman — the only woman in that shop. Brainerd then sued Schlumberger under Title VII. The district court granted summary judgment for Schlumberger, concluding that Brainerd did not establish her prima facie case because she failed to show that she was performing her work satisfactorily.

We agree with the district court’s decision to grant summary judgment for Schlumberger, but we disagree with its rationale. The district court erred in concluding that Brainerd failed to show that her work was satisfactory; in doing so, the court “put the cart before the horse” by skipping over the first prong of the applicable burden-shifting test and denying Brainerd the opportunity to argue that Schlumberger’s proffered reason was pre-textual. See Orr v. City of Albuquerque, 417 F.3d 1144, 1151-52 (10th Cir.2005). Nevertheless, even if the district court had given Brainerd that opportunity to argue pretext, we conclude that she would have been unable to raise a genuine dispute of material fact that Schlumberger’s reason for firing her — her poor performance — was pretextual. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

BACKGROUND

Schlumberger, a large oil field service company, operates a drilling and measurements facility in Commerce City, Colorado. Paul Dickson was the manager .in charge of that facility when Schlumberger hired Brainerd, and Dickson served there until Schlumberger promoted him. Kevin Ramsay replaced Dickson, and Ramsay was the manager at Brainerd’s termination. There are a number of departments at the Colo *407 rado facility, including the push-pull department. Andrew Emerson was the supervisor of the push-pull department. Schlumberger divided the push-pull department into three cells, including the power-drive cell. Bryan Peterson was the “cell-lead” of the power-drive cell (where Brainerd was assigned after starting). Chris Reno worked as a technician and served as Brainerd’s mentor. There were three areas in the power-drive cell: disas-sembly (further divided into tear-down and disassembly), subassembly (further divided into clamp plate assembly and bearing house assembly), and build-up.

In May 2011, Schlumberger hired Brain-erd as a Mechanic Technician Trainee. Brainerd was the first female mechanic technician that Schlumberger had ever hired. As part of its training program, Schlumberger rotated Brainerd and other trainees through the three areas. The company expected Brainerd to complete each area in four weeks. Brainerd’s first rotation was in the disassembly area. She thought that all was going well; her mentor, Chris Reno, reviewed her progress and thought that Brainerd “had the ability” to progress in the push/pull department. J.A. vol. II at 248. Supervisors tracked a trainee’s performance through completion of on-the-job log sheets (OTJ). J.A. vol. II at 233, 242. Brainerd saw nothing in her OTJs suggesting that she performed below standards or failed to meet expectations.

It did not take long for Schlumberger to adopt a contrary view about Brainerd’s performance. Emerson reviewed Brain-erd’s work and progress and decided that, “in order to facilitate better learning” for Brainerd, she should remain in disassem-bly for an additional rotation instead of moving on to another area. J.A. vol. I at 13. Brainerd believed she remained in disassembly to help Schlumberger satisfy production needs.

According to Schlumberger, Brainerd had other issues as well. Sometime during Brainerd’s first two weeks on the job, Brainerd decided to lie down on the floor to pop her back. Brainerd says she did this at 11:30 p.m. when no one else was nearby. However, she admits that Emerson spoke to her about the incident and told her not to do it again. J.A. vol. II at 208-09. Emerson and Dickson addressed other performance issues and concerns with Brainerd at a July 2011 meeting, including: (1) her negative and “generally] immature” attitude and lack of professionalism; (2) her unwillingness to take direction and perform certain job assignments; (3) her frequent times sitting down on the job; and (4) the back-popping incident which, in Schlumberger’s view, was a serious safety concern because Brainerd did this in a busy warehouse area where forklifts routinely operated and carried heavy tools. J.A. vol. I at 14-15, 125-27. Schlumberger considered this meeting a “formal disciplinary discussion.” J.A. vol. I at 14. On the other hand, Brainerd thought the July meeting went well, particularly because Dickson told her she was progressing as expected.

Brainerd eventually moved out of disas-sembly into subassembly. Brainerd thought that Peterson had decided that she was qualified to move to subassembly. Schlumberger attributes the move to Emerson’s desire to see if Brainerd could further her development. After Brainerd completed a four week rotation in subas-sembly, she returned to disassembly for, as Schlumberger put it, further remedial training. Brainerd believed the move was again related to production needs; she had no inkling of any deficiencies in her performance. Schlumberger made the move because Brainerd lacked “core competen *408 cies ... that should have been concretely established in her first rotation in disas-sembly.” J.A. vol. I at 15.

Schlumberger says that, upon Brain-erd’s return to disassembly, her performance issues continued. Ramsay and Emerson, the managers, learned of two problems: (1) Brainerd’s failure to clock-out and leave work when instructed, and (2) an argument she had with a co-worker about Brainerd’s failure to clean her work area. J.A. vol. I at 18. Ramsay and Emerson also personally witnessed two instances where Brainerd violated company rules. First, Brainerd incorrectly and unsafely removed parts from a bias unit when she allowed a clamp plate (that weighed more than twenty-five pounds) to drop uncontrolled onto an unsecured cart. 1 J.A. vol. I at 16. The managers considered this dangerous and contrary to Schlumberger’s protocol and training because the plate could bounce off the cart and either break and/or injure someone nearby. Second, Brainerd failed to strap a bias unit to the work bench, which Ramsay and Emerson considered another serious safety risk. Brainerd does not dispute that the two instances happened; rather, she contends that she completed the two tasks as Schlumberger had trained her.

Ramsay and Emerson had had enough; they decided to fire Brainerd. After a meeting between Emerson and Ramsay, Emerson documented Brainerd’s training and performance issues in an e-mail he sent to Ramsay.

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