Clark v. Alcan Aluminum Corp.

41 F. App'x 767
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 23, 2002
DocketNo. 00-6040
StatusPublished
Cited by3 cases

This text of 41 F. App'x 767 (Clark v. Alcan Aluminum Corp.) 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
Clark v. Alcan Aluminum Corp., 41 F. App'x 767 (6th Cir. 2002).

Opinion

OPINION

HAYNES, District Judge.

Plaintiff-Appellant, Mary Ann Clark, appeals the District Court’s order granting summary judgment to Alcan Aluminum Corporation (“Alcan”), her former employer, on Clark’s employment discrimination claims under the Kentucky Civil Rights Act, Ky.Rev.Stat. Ann. § 344.010, et seq. (Banks-Baldwin 2001) (“Act”). On appeal, Clark contends that she presented sufficient evidence to give rise to an inference of “a campaign” of racial discrimination, citing her reassignment during a 1992 company reorganization and her 1995 demotion. Clark further contends that the District Court erred in finding that (1) her claim on the 1992 job transfer is time barred, and (2) that under the Kentucky Civil Rights Act, an employer’s business judgment should receive greater scrutiny than under the analogous federal antidiscrimination law, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”). For the reasons set forth below, we AFFIRM the judgment of the District Court.

I. BACKGROUND

Clark, a Kentucky resident, originally filed this action in the Jefferson Circuit Court in Louisville, Kentucky on December 15, 1997, alleging that Alcan discriminated against her because of her race in violation of the Act. Clark alleged that she ultimately was forced to resign in November 1995 as a result of Alcan’s discrimination. (J.A. at 11.) On December 30, 1997, Alcan, an Ohio corporation, removed this action to the District Court without objection. (J.A. at 4, 23-55.) After discovery, Alcan moved for summary judgment. [769]*769Upon consideration of Clark’s opposition motion and memorandum and Alcan’s reply, the District Court entered judgment in favor of Alcan. Clark filed a timely appeal to this Court.

Clark began her tenure with Alcan as a switchboard operator in 1978. Clark subsequently held the positions of production clerk from 1979 to 1984, quality control technician from 1984 to 1987, production control planner from 1987 to 1992, customer service representative from 1992 to 1995, and quality control technician until November 1995.1 (J.A. at 282, 345-46.)' Clark contends that the job moves from switchboard operator to quality control technician were promotions, while the remaining position changes were demotions. Although Clark characterizes the transfer from production control planner to customer service representative as a demotion, this proposition is not supported by the record. (J.A. at 359-60.) Clark’s verified complaint, however, does reflect that the customer service position was not a “career path position,” and had fewer opportunities for career advancement. (J.A. at 10.) The move from customer service representative to quality control technician was a demotion, and caused Clark to lose her exempt status. Clark further contends that while she served as quality control technician, three positions opened, but she was not offered any of them. (J.A. at 347-52.)2 Clark also contends that she was subjected to numerous discriminatory practices, mostly at the hands of Cynthia Carroll, who served as Alcan’s general manager from November 1991 to July 1995. (J.A. at 57.)

Alcan manufactures foils and packaging for applications in various industries. Id. In the Spring of 1992, Phillip Morris, Inc. (“PMI”) awarded Alcan a new contract to supply over 95 percent of PMI’s foil packaging requirements. (J.A. at 59.) During the period about which Clark complains, Carroll was responsible for all decisions regarding promotions, transfers, demotions, job restructuring, consolidation and other staff-related decisions. (J.A. at 57.) On October 15, 1992, Carroll informed employees of several organizational changes, including the reassignments of Clark and five other employees to different positions as a result of the PMI contract. (J.A. at 58.) Alcan moved Clark from production control planner to customer service representative. In the latter position, Clark reported to Sheryl Craig, who was also moved to sales representative. Id. In her new position, Craig reported to Jim Kupper. Jim Tegart, a white male, moved into Clark’s former position as production control planner. (J.A. at 59.) As production control planner, Clark had reported to Ed Rausch, and when Tegart assumed Clark’s former position, he reported to Rausch as well. (J.A. at 59, 284.) Clark contends that Carroll moved her out of the production planner position so that Tegart could move into that spot to become production supervisor once Rausch retired. (J.A. at 284-86.) Clark admits that Tegart was [770]*770qualified for the position of production control planner, a position he previously held. (J.A. at 286.) Clark also admitted that she was uncertain whether the decision to move Tegart into that position was made because she was African American. (J.A. at 291.)

On May 1, 1994, Tegart was moved to the newly created position of production scheduling and materials manager, reporting to Rausch. (J.A. at 60.) When Rausch later retired, Tegart assumed Rausch’s duties. (J.A. at 60.) According to Carroll, Tegart did not technically replace Rausch. Although Alcan presents no job description for the position of production scheduling and materials manager, Alcan relies upon Carroll’s affidavit that Clark was not qualified for that position because that position required supervisory experience that Clark admitted she lacked. (J.A. at 60-61, 283.) Carroll also notes that Clark was never considered for the position because she never applied for it. (J.A. at 61.) Carroll explained that Tegart had a long history of good evaluations, while at that point, Clark’s evaluations were marginal at best. (J.A. at 61.) Further, Tegart’s previous experience as a supervisor of shipping, receiving and packaging was vital to the new position. Finally, Tegart was more qualified academically for the position because he had a master’s degree in business management, while Clark had taken only a few college courses toward her undergraduate degree. (J.A. at 60-61.)

Clark believes that her move from production control planner to customer service representative was designed to ensure that she would fail. Clark argues that she was moved around the department about five or six times, and unlike other employees, more than one person evaluated her. (J.A. at 292.) During 1993 and 1994, Clark contends that her job as customer service representative was more difficult than normal because other customer service representatives were allowed to take vacation at the same time, and she had to cover for them. (J.A. at 329-30.) Clark testified that Craig and Kupper would run in and out of her office asking her questions, which made it difficult for her to perform her job. (J.A. at 325-28.) Clark considered this behavior rude, but, significantly, stated that she did not think race played a role in their actions. (J.A. at 328.)

Clark also complains about her poor performance evaluations during her tenure as customer service representative. On March 12, 1993, Craig gave Clark a three-month performance evaluation for this customer service position and stated that Clark “felt she was still in a training mode and was reacting in a prompt manner to complaints, inquiries, etc.” (J.A. at 63.) Clark, however, was still learning her job. Id. This evaluation reflects Clark’s statement that “someone was always trying to make her look bad.” Id.

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