Brian Viergutz v. Lucent Technologies, Inc.

375 F. App'x 482
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 23, 2010
Docket08-3626
StatusUnpublished
Cited by202 cases

This text of 375 F. App'x 482 (Brian Viergutz v. Lucent Technologies, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brian Viergutz v. Lucent Technologies, Inc., 375 F. App'x 482 (6th Cir. 2010).

Opinions

SUHRHEINRICH, Circuit Judge.

Plaintiff-Appellant Brian Viergutz (“Viergutz”), proceeding pro se, appeals from the order and judgment of the district court granting summary judgment to Defendant-Ap]oellee Lucent Technologies, Inc. (“Lucent”) in this action under the [483]*483Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (“ADEA”). We AFFIRM.

I. Background

Lucent hired Viergutz in 1997 as an installer. He was forty-three years old. In December 2002, Lucent reduced its workforce, and Viergutz was laid off. While employed at Lucent, Viergutz had, by his own account, numerous interpersonal conflicts with his peers.

In 2005, Lucent posted a job listing for installers, and Viergutz applied. His application was forwarded by human resources personnel to the hiring manager, Melissa Reznick. Reznick recognized Viergutz’s name because she had briefly supervised him. Reznick decided not to interview Viergutz because she knew from other managers that he had a poor reputation. Further, his level of experience exceeded what the new position required. Reznick informed the human resources personnel team that Viergutz “would not be a good candidate for this job,” because he had “a bad reputation” and that it was “not in Lucent’s best interest to hire Brian for this job.” Lucent hired Jared Sudy. He had a background in general laborer work and met the skill set necessary for the position. He was under forty years of age.

On August 22, 2005, Viergutz filed a charge claiming age discrimination with the Equal Employment Opportunity Commission (“EEOC”). On January 31, 2006, the EEOC dismissed the charge and issued a right to sue notice. On March 31, 2006, Viergutz filed suit in federal district court, but dismissed it on August 3, 2006, with the court’s permission. Thirty-six days later he filed a similar complaint in state court. The complaint presented two claims. First, Viergutz alleged age discrimination under the ADEA arising out of Lucent’s decision not to hire him for the installer position in 2005. Second, he stated a claim of “Harassment/Defamation of Character” based on various events during his employment at Lucent, specifically “rumors and lies” by various managers and coworkers which destroyed his reputation as a technician and caused him to have a heart attack in May 2002. Lucent removed this action to federal district court on both federal question and diversity grounds.

After discovery, Lucent moved for summary judgment on both claims. In response to Lucent’s motion, Viergutz filed a four-page unsworn statement, without any supporting affidavits or admissible evidence. Viergutz claimed simply that he could “prove, with witnesses and documents that I was an above average installer, with a good attitude and I worked well with others while working at Lucent Technologies.” ROA 144-45. On April 11, 2008, the district court granted Lucent’s motion and Viergutz then filed this timely appeal.

II. Analysis

Summary judgment is appropriate only “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c)(2). This court reviews de novo the district court’s grant of summary judgment. Briscoe v. Fine, 444 F.3d 478, 485 (6th Cir.2006) (citation omitted).

A. ADEA Claim

The ADEA prohibits an employer from refusing to hire an employee “because of such individual’s age.” 29 U.S.C. § 623(a)(1). “ ‘The ultimate question in every employment discrimination case involving a claim of disparate treatment is [484]*484whether the plaintiff was the victim of intentional discrimination.’ ” Geiger v. Tower Automotive, 579 F.3d 614, 620 (6th Cir.2009) (quoting Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 153, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000)).

A plaintiff may establish a violation of the ADEA with circumstantial evidence. See Geiger, 579 F.3d at 620. “Once a plaintiff satisfies his ... prima facie burden, the burden of production shifts to the employer to articulate a legitimate nondiscriminatory reason for the adverse employment action.” Allen v. Highlands Hosp. Corp., 545 F.3d 387, 394 (6th Cir.2008) (internal quotation marks and citation omitted). If the employer meets this burden, the burden of production shifts back to the plaintiff to show that the employer’s explanation was a mere pretext for intentional age discrimination. Id. (citation omitted). The burden of persuasion, however, remains on the ADEA plaintiff at all times to demonstrate “ ‘that age was the “but-for” cause of their employer’s adverse action.’ ” Geiger, 579 F.3d at 620 (quoting Gross v. FBL Fin. Servs. Inc., - U.S. -, - n. 4, 129 S.Ct. 2343, 2351 n. 4, 174 L.Ed.2d 119 (2009)).1

It is undisputed here that Viergutz established a prima facie case of discrimination because (1) he is a member of a protected class (over 40 years of age); (2) he was subjected to an adverse employment action; (3) he applied for and was qualified to perform the position of installer; (3) he was considered for and denied the position; and (4) he was rejected in favor of another person with similar qualifications who was substantially younger. Bush v. Dictaphone Corp., 161 F.3d 363, 368 (6th Cir.1998).

The burden of production therefore shifted to Lucent. As the district court held, Lucent stated a legitimate, nondiscriminatory reason for not hiring Viergutz-his poor reputation. In her affidavit, Rez-nick averred that Viergutz’s supervisors indicated that he did not work well with others and needed constant supervision. See, e.g., Stein v. Kent State Univ., No. 98-3278, 1999 WL 357752, at *9 (6th Cir. May 11, 1999) (defendants offered the plaintiffs non-collegiality and unwillingness to cooperate with others as nondiscriminatory reason); McShane v. U.S. Att’y Gen., 144 Fed.Appx. 779, 792-93 (11th Cir.2005) (holding that employer offered a legitimate nondiscriminatory reason for terminating the plaintiff because she could not get along well with others).

After Lucent met its burden of production, the burden shifted back to Viergutz to show pretext. Again, as the district court also found, Viergutz failed to demonstrate that Lucent’s proffered reason had no basis in fact, did not actually motivate the defendant’s challenged conduct, or was insufficient to motivate the defendant’s challenged conduct. See Manzer v. Diamond Shamrock Chem. Co., 29 F.3d 1078, 1084 (6th Cir.1994).

Lucent’s decision not to hire Viergutz had a basis in fact.

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375 F. App'x 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brian-viergutz-v-lucent-technologies-inc-ca6-2010.