Cicero v. Borg-Warner Automotive, Inc.

280 F.3d 579, 82 Empl. Prac. Dec. (CCH) 40,959
Court of Appeals for the Sixth Circuit·Decided January 2, 2002·No. No. 00-1022·Published·Cited by 48 cases

Opinions

GWIN, District Judge.

Plaintiffs, Thomas Cicero and his wife Marlene Cicero, appeal from a district court order granting summary judgment to Defendant Borg-Warner Automotive Automatic Transmissions Systems Corp. (“Borg-Warner”). The district court gave Borg-Warner judgment on Thomas Cicero’s age discrimination claim and dismissed [582] Plaintiff Marlene Cicero’s loss of consortium claim.

In this case the plaintiffs sued for age discrimination under Michigan’s Elliott— Larsen Civil Rights Act (“Elliott-Larsen Act”) and the common law of Michigan. Cicero said that Borg-Warner, his former employer, discriminated against him based on age when it fired him. Finding that Cicero failed to establish a prima facie case of age discrimination because he did not show he was qualified for his position, the district court granted Borg-Warner’s summary judgment motion.1 The district court dismissed Plaintiff Marlene Cicero’s loss of consortium claim because it was derivative of Thomas Cicero’s claim. The plaintiffs appeal from the district court’s decision on both claims.

I. Overview of Appeal

This case comes from Borg-Warner’s firing of Plaintiff Thomas Cicero from his job as human resources manager, In giving Borg-Warner summary judgment, the district court misread the requirements for establishing a prima facie case of discrimination set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).

In deciding that the district court erroneously granted summary judgment, we first examine whether Cicero showed all of the elements necessary to establish a pri-ma facie case of discrimination under the McDonnell Douglas analysis. The district court found that Cicero did not show that he was qualified, an element of the prima facie case. We find the district court erred when it made this ruling.

After finding that Cicero was qualified, we next look to whether Borg-Warner comes forward with a nondiscriminatory justification for firing Cicero. Because Borg-Warner does come forward with a nondiscriminatory justification, we then consider if Cicero shows evidence sufficient to make out an issue that Borg-Warner’s justification is a pretext.

II. Background

A. Procedural Background

Plaintiffs-Appellants Thomas and Marlene Cicero sued Defendants Appellees Borg-Warner Automotive and Borg-Warner in the Circuit Court for the County of Wayne, Michigan. In their complaint, the Ciceros alleged that the appellees unlawfully fired Thomas Cicero because of his age. The plaintiffs brought their claim under Michigan’s Elliotb-Larsen Civil Rights Act and the common law of Michigan. Mich. Comp. Laws §§ 37.2101 et seq. (2001). Marlene Cicero filed a claim for a loss of consortium. The Ciceros asked for compensatory and other damages resulting from Thomas Cicero’s termination.

Claiming diversity jurisdiction under 28 U.S.C. § 1332(a)(l)(l) (2001), the defendants removed the case to the U.S. District Court for the Eastern District of Michigan. The defendants then filed a motion for summary judgment on the plaintiffs’ age discrimination and loss of consortium claims.

In deciding Borg-Warner’s motion for summary judgment, the district court used the familiar McDonnell DouglasBurdine tripartite test. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), later clarified by Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). Under the first stage [583] of that test, the plaintiff must establish a prima facie case of discrimination. See McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1817. To establish a prima facie case of discrimination, a plaintiff must show that (1) he is a member of a protected class, (2) he was qualified for his job and did it satisfactorily, (3) despite his qualifications and performance, he suffered an adverse employment action, and (4) that he was replaced by a person outside the protected class or was treated less favorably than a similarly situated individual outside his protected class. See id.; see also Johnson v. Univ. of Cincinnati, 215 F.3d 561, 572-73 (6th Cir.2000); Mitchell v. Toledo Hosp., 964 F.2d 577, 582 (6th Cir.1992).

The district court granted the defendants’ motion for summary judgment. In giving Borg-Warner judgment, the district court found that Cicero did not make out a prima facie case because he did not show he was qualified for his position.

The district court declined to decide whether Cicero’s replacement was substantially younger, an alternative for showing Borg-Warner replaced him with a person outside the protected class. In dicta, the district court then discussed the remaining stages of the McDonnell Douglas test. If Cicero had established a prima facie case, the district court found Borg-Warner had given a legitimate, nondiscriminatory reason for Cicero’s discharge. The district court then reasoned that Cicero did not show Borg-Warner’s reason for his firing was pretextual. Plaintiffs-Appellants appealed the decision to this Court.

B. Factual Background

On August 1, 1994, Cicero began working for Federal Mogul as the human resources manager for its Precision Forged Products Division (“Forged Products Division”). In April 1995, Borg-Warner bought the Forged Products Division from Federal Mogul and kept Federal Mogul’s management staff, including Cicero. On November 20, 1997, Borg-Warner fired Cicero and several other members of the management staff. Cicero says that Borg-Warner fired him because of his age.

Borg-Warner says that it fired Cicero for reasons unrelated to his age. To scrutinize this argument, we first look to the factual background of Cicero’s employment. Because we review decisions of summary judgment de novo, and summary judgment requires that all reasonable inferences be drawn in the light most favorable to the nonmoving party, we construe the facts in the light most favorable to the Plaintiffs-Appellants.

III. Discussion

A. Standard of Review

We review a district court’s grant of summary judgment de novo. See Doren v. Battle Creek Health Sys., 187 F.3d 595, 597 (6th Cir.1999). To decide whether summary judgment is appropriate, this Court applies the same legal standards as the district court. See Cline v. Catholic Diocese of Toledo, 206 F.3d 651, 657 (6th Cir.2000).

Free access — add to your briefcase to read the full text and ask questions with AI

Cicero v. Borg-Warner Automotive, Inc., 280 F.3d 579, 82 Empl. Prac. Dec. (CCH) 40,959 (6th Cir. 2002).

280 F.3d 579 (Cicero v. Borg-Warner Automotive, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related