Bryan v. McKinsey & Co Inc

375 F.3d 358, 2004 U.S. App. LEXIS 14185, 85 Empl. Prac. Dec. (CCH) 41,687, 94 Fair Empl. Prac. Cas. (BNA) 91, 2004 WL 1387853
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 9, 2004
Docket03-20577
StatusPublished
Cited by135 cases

This text of 375 F.3d 358 (Bryan v. McKinsey & Co Inc) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryan v. McKinsey & Co Inc, 375 F.3d 358, 2004 U.S. App. LEXIS 14185, 85 Empl. Prac. Dec. (CCH) 41,687, 94 Fair Empl. Prac. Cas. (BNA) 91, 2004 WL 1387853 (5th Cir. 2004).

Opinions

EMILIO M. GARZA, Circuit Judge:

John Bryan brought this employment discrimination suit under 42 U.S.C. § 1981 and § 1988 alleging disparate treatment based on race in violation of the Civil Rights Act. Defendant McKinsey & Co. (“McKinsey”) moved for summary judgment. Without an opinion, the district court entered a final judgment in favor of [359]*359McKinsey. Bryan appeals that ruling. Bryan failed to present evidence either establishing a prima facie case of discrimination or establishing that McKinsey’s legitimate explanation for terminating Bryan’s employment was a pretext for racial discrimination. Accordingly, we AFFIRM.

I

Bryan is a black male. He completed his undergraduate education at Stanford University and also graduated from that university’s business school. McKinsey hired Bryan in July 1996 to an entry level “associates” position. Bryan was promoted multiple times by McKinsey to positions involving higher levels of responsibility and pay. In 1999, Bryan was promoted to “engagement manager,” and in 2000 he was elected by the McKinsey partnership to “associate principal.” In 2001, McKin-sey terminated Bryan’s employment.

McKinsey is a elite world-wide management consulting firm. McKinsey has an “up or out” advancement system. Thus, an employee is either promoted or is terminated. Most employees are eventually terminated. The first two levels of promotion do not involve a vote of the partners. However, starting with promotion to the associate principal (“AP”) position further advancement requires election by the partnership. Promotions at this level are based on the firm’s “Five-Part Leadership Model.” Each AP is evaluated twice a year and is assigned a development group leader (“DGL”). The DGL is the person primarily responsible for assessing the progress of a particular AP and determining whether the AP is prepared to advance to a higher position in the firm. The DGL reports back to the partnership about the progress of the AP. However, the partnership makes the final decision regarding the employment status of the AP with the firm.

In December 2000, five months after he was elected to AP, Bryan was given his first performance review. Although Bryan was based out of McKinsey’s now defunct Austin office, Bryan was supervised and evaluated by a partner in McKinsey’s Houston office. Joe Avila was assigned to be Bryan’s DGL and authored Bryan’s evaluation. Although undeniably positive, Bryan’s evaluation highlighted some trouble points, specifically regarding client development. Bryan testified in his deposition that he understood that this concern related to whether he would bring in enough new clients to generate a sufficient amount of work to justify his position and further promotion.

In the time between this evaluation and termination of his employment Bryan’s client situation worsened rather than improved. Bryan generated no new business. Rather, one of his two existing clients asked for him to no longer work on its projects. Bryan went through a two month period where he did almost no client work. Further, in that time period, he was warned by a partner in the Austin office, Arshad Martin, that he needed to generate more client work. Bryan also met with Suzanne Nimocks, Office Manager of McKinsey’s Houston office, regarding his client development. She provided him with advice concerning this subject and made efforts to have other McKinsey partners advise Bryan as to ways of developing more clients and work.

In April 2001, the Houston partners held a meeting and evaluated Bryan’s progress. Both Bryan’s DGL, Joe Avila, and Arshad Martin attended the meeting. The partners expressed concern with Bryan’s performance since his December 2000 evaluation including his lack of client development, his poor performance for his [360]*360existing clients, and his lack of time spent in the office. The partners decided that Bryan was no longer performing up to their standards and that he had put himself in a place where it would be difficult for him to meet their expectations. Based on these concerns, they decided to terminate his employment. Subsequently, without further written review or written explanation for his termination, Bryan was asked to leave the firm. He was told that he had lost the trust of the partnership and that the two were better off parting ways.

Bryan brought this employment discrimination suit alleging disparate treatment based on race. After discovery, McKinsey moved for summary judgment. The district court granted the motion and entered judgment in McKinsey’s favor without an opinion. Bryan now appeals.

II

We review the grant of summary judgment de novo, applying the same standard as the district court. Boston Old Colony Ins. Co. v. Tiner Assocs., Inc., 288 F.3d 222, 227 (5th Cir.2002). Summary judgment may be granted if there is no genuine issue as to material fact and the moving party is entitled to a judgment as a matter of law. Id.. In determining whether summary judgment is appropriate, we view the evidence and all factual inferences from that evidence in the light most favorable to the party opposing the motion and all reasonable doubts about the facts are resolved in favor of the nonmoving litigant. Id.

Federal employment discrimination claims based on circumstantial evidence are reviewed under the burden-shifting framework outlined in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under that framework “the plaintiff must [first] establish a prima facie case of discrimination.” Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 142, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). This burden is one of production and not one of persuasion. .Id. Once the plaintiff has established a prima facie case of discrimination, “[t]he burden then shifts to the employer to articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. Once the employer provides sufficient evidence to meet this burden the plaintiff must show that “he was the victim-of intentional discrimination by showing that the employer’s proffered explanation is unworthy of credence.” Reeves, 530 U.S. at 143, 120 S.Ct. 2097 (internal quotations omitted). The plaintiff can meet this evidentiary burden by either providing evidence of intentional discrimination or evidence establishing “the falsity of the employer’s explanation.” Id. at 147, 120 S.Ct. 2097; see Kanida v. Gulf Coast Med. Pers. LP, 363 F.3d 568, 574-75 (5th Cir.2004).

Bryan has failed to establish a prima facie case of intentional discrimination. To establish a prima facie case of employment discrimination Bryan must establish that he (1) is a member of a protected class; (2) was qualified for the position; (3) was subject to an adverse employment action; and (4) was replaced by someone outside the protected class, or, in the case of disparate treatment, shows that other similarly situated, employees were treated more favorably. Okoye v. Univ.

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Bluebook (online)
375 F.3d 358, 2004 U.S. App. LEXIS 14185, 85 Empl. Prac. Dec. (CCH) 41,687, 94 Fair Empl. Prac. Cas. (BNA) 91, 2004 WL 1387853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-mckinsey-co-inc-ca5-2004.