Chyrianne Jones v. St. Jude Medical S.C., Inc.

504 F. App'x 473
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 8, 2012
Docket11-4211
StatusUnpublished
Cited by21 cases

This text of 504 F. App'x 473 (Chyrianne Jones v. St. Jude Medical S.C., 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.

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Chyrianne Jones v. St. Jude Medical S.C., Inc., 504 F. App'x 473 (6th Cir. 2012).

Opinion

OPINION

McKEAGUE, Circuit Judge.

Plaintiff-appellant, Chyrianne H. Jones, appeals the district court’s grant of summary judgment in favor of the defendants, St. Jude Medical S.C., Inc., and Michael Moore. Jones contends that the defendants unlawfully retaliated against her for her engagement in protected activities, in violation of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e-3(a), 42 U.S.C. § 1981, and Ohio Revised Code Chapter 4112. The district court granted summary judgment in favor of the defendants on the retaliation claims finding that Jones failed to make a prima facie case. Additionally, the court found that the defendants were entitled to summary judgment even if Jones had made a prima facie case because Jones failed to rebut the defendants’ proffered nonpretex-tual bases for her termination. We affirm the judgment of the district court and hold that Jones failed to rebut one of St. Jude’s proffered nonpretextual reasons for her termination.

BACKGROUND

St. Jude is a Minnesota corporation that sells medical devices to hospitals and physicians. St. Jude’s medical products include cardiac rhythm management devices such as pacemakers (low-voltage devices) *474 and- defibrillators (high-voltage devices). St. Jude directly employs sales representatives throughout the United States to sell these items to hospitals and physicians. However, prior to February 2007, St. Jude contracted with an independent entity, Ohio Pacesetter Association, to sell St. Jude products in the Columbus, Ohio, region.

Jones is an African-American female who worked for medical-device providers from March 2003 to December 2009. From March 2003 to July 2005, Jones worked for a St. Jude competitor, Med-tronic, as a device-check specialist. In July 2005, St. Jude hired Jones as a cardiac-rhythm-management sales representative in St. Jude’s Jacksonville, Florida, office. While in the Jacksonville office, Jones serviced one doctor and earned more than $300,000 a year servicing this account. Her performance in the account exceeded St. Jude’s expectations.

In 2006, Jones spoke with Lou Major, who was the new St. Jude Regional Sales Manager for the Columbus region. Major mentioned that St. Jude was planning to implement a direct sales force in the Columbus region by buying out Pacesetter. Jones subsequently applied for a position as a sales representative in the Columbus office.

In 2007, Jones was offered a position in Columbus, which she accepted despite being offered a low guarantee. 1 She began work on July 9, 2007. She was assigned a primary territory consisting of four elec-trophysiologists at Riverside Methodist Hospital, a number of smaller low-voltage accounts, and an additional electrophysiol-ogist, Dr. Noble. Riverside, The Ohio State University, and Mount Carmel Health System are the flagship accounts of St. Jude’s Columbus office. Three sales representatives shared Ohio State, while Jones and another sales representative shared Riverside. Electrophysiologist accounts are the most desirable accounts for cardiac-rhythm-management sales representatives because only electrophysiolo-gists can install high-voltage devices, which generate higher commissions.

On January 14, 2008, Fred Suppes, Major’s replacement as regional sales manager, notified Jones via email that Riverside would be removed from her accounts effective January 28. The email also stated that she would be contacted in 2-3 weeks about the plan moving forward. Michael Moore, who was the area vice president of sales, and Suppes both stated in depositions that the other was responsible for the decision to remove the Riverside account from Jones. On January 28, 2008, Jones lost 80% of her high-voltage device implan-ters as a result of her removal. St. Jude never replaced the accounts.

A. Performance Improvement Plan & Termination

According to Jones, she began opposing what she believed to be unlawful employment practices in an email dated January 15, 2008 and continued, from that date forward, to oppose these allegedly unlawful employment practices through emails sent to various St. Jude employees and ultimately through the present litigation. She also states that throughout the period of her employment in St. Jude’s Columbus office she was given less favorable treatment than her male colleagues, and particularly, her white male colleagues. She states that because she opposed St. Jude’s *475 unlawful employment practices, St. Jude began taking actions that ultimately resulted in her placement on a performance improvement plan in August 2009 and her termination in December 2009. These actions included St. Jude removing Jones from the Riverside account in January 2008; St. Jude failing to give her new accounts to replace her old ones in January and February 2008, while giving her male colleagues replacement accounts after their primary accounts were removed; St. Jude making up reasons in January and February 2008 for her removal from the Riverside account; St. Jude not giving her adequate technical-sales-specialist 2 support throughout the latter months of 2008 and early months of 2009; St. Jude removing Dr. Noble from her accounts in June 2009; St. Jude doctoring sales numbers to justify her removal from the Riverside account and to downgrade her 2008 performance appraisal in April 2009; St. Jude placing her on performance improvement plan because of her low performance appraisal, in August 2009; and St. Jude arbitrarily setting the performance improvement plan’s sales quota so that she was set up to fail.

Jones failed to meet the sales quota set forth in her performance improvement plan, and in December 2009, Moore recommended Jones be terminated for that reason. On December 17, 2009, Jones was terminated based on Moore’s recommendation. According to Jones, St. Jude’s actions establish a chain of events that begin with her engaging in protected activities and end with her termination. For purposes of this opinion, we assume that Jones could prove a prima facie case that St. Jude terminated her because she engaged in protected activities.

B. Recordings & Termination

After being removed from the Riverside account in January 2008, Jones recorded conversations with Heather Connelly (the electrophysiology manager at Riverside), several doctors, and employees of St. Jude. None of these people knew that the conversations were being recorded. Jones made the recordings to document what she believed to be mischaracterizations and lies made by Moore and Suppes, and to create evidence for a possible lawsuit. Recording conversations without the other conversant’s approval violated St. Jude policy. At some point, Jones discovered that making these recordings violated company policy; yet she continued to record conversations thereafter. Jones informed St. Jude of the recordings in May 2009.

St. Jude received these recordings through the discovery process in October 2009. St. Jude’s counsel gave the tapes to John Grubiak, Senior Vice President for St.

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