Dolores J. Fuka v. Thomson Consumer Electronics

82 F.3d 1397, 1996 U.S. App. LEXIS 10408, 71 Fair Empl. Prac. Cas. (BNA) 1417, 1996 WL 225611
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 6, 1996
Docket95-1190
StatusPublished
Cited by130 cases

This text of 82 F.3d 1397 (Dolores J. Fuka v. Thomson Consumer Electronics) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dolores J. Fuka v. Thomson Consumer Electronics, 82 F.3d 1397, 1996 U.S. App. LEXIS 10408, 71 Fair Empl. Prac. Cas. (BNA) 1417, 1996 WL 225611 (7th Cir. 1996).

Opinion

ILANA DIAMOND ROVNER, Circuit Judge.

In January 1992, Thomson Consumer Electronics (“Thomson”) terminated Dolores J. Fuka’s employment as a customer service representative (“CSR”). She responded with this lawsuit under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seq., alleging that her termination resulted from unlawful age discrimination. The district court entered summary judgment for Thomson, finding that Fuka had not presented any direct evidence of age discrimination, had not established that she was meeting Thomson’s legitimate expectations at the time of her termination, and had not shown that the stated reason for her discharge was pretextual. In this appeal, Fuka challenges each of those conclusions, but we agree with the district court and therefore affirm its judgment.

I.

Fuka was hired as a CSR by a division of General Electric in November 1987. The following month, that division was purchased by Thomson, a consumer electronics manufacturer, which retained Fuka in her former position. At that time, Fuka was forty-six years old.

Fuka worked at Thomson’s office in Oak Brook, Illinois, which housed the company’s telemarketing and customer service functions. Thomson assigned to her a small work station equipped with a telephone and a computer. Fuka initially serviced international accounts, and she was primarily responsible for answering the telephone, accepting orders, and providing price, product availability, and order and account information to existing and prospective customers. As an international CSR, Fuka spent most of her work day on the telephone taking or following through on international orders. Between 1987 and 1991, Fuka was periodically reviewed by her supervisor George Silva, who generally rated her performance as “effective.” In his written reviews for two of those years, however, Silva noted that Fuka’s “attitude toward work” needed improvement.

In April 1991, Thomson transferred all of the international and some of the national accounts handled in Oak Brook to its Indianapolis office. Fuka and three other international CSRs were therefore reassigned to non-key domestic accounts. With Fuka’s new assignment came a new supervisor, Kevin George, who like Silva reported to Mike *1400 Sparkman, manager of the Oak Brook office. Fuka’s responsibilities remained essentially the same in her new assignment but with different accounts. Along with five other CSRs, Fuka now had responsibility for non-key accounts in New York, Boston, and Atlanta.

From the very beginning, Thomson had used its computer system to monitor incoming calls to its Oak Brook office and the availability of CSRs to answer those calls. Thomson’s system also enabled management to determine how many incoming calls “abandoned” or went unanswered in a particular CSR group over a thirty-minute period. In 1991, Thomson obtained the capability to also monitor outgoing calls. In April or May of that year, George notified the CSRs in his group that he would begin distributing a monthly report of outgoing calls and that each CSR should identify personal calls included on the report. He indicated that as a guideline, personal calls should not exceed ten minutes in length except under extenuating circumstances. Fuka understood that the company’s purpose in limiting the length of personal calls was to ensure that CSRs were available to answer incoming business calls. Fuka considered the ten-minute guideline to be a reasonable expectation.

For the first two months that Thomson monitored outgoing calls, the monthly reports revealed that Fuka had made five personal calls exceeding ten minutes in April and nine such calls in May. Sometime in May or June, George expressed concern to Fuka about the length of some of her personal calls. George asked Fuka to keep those calls under ten minutes unless there were extenuating circumstances. Fuka explained to George that most of her personal calls were to her elderly mother, and George suggested that she call her mother more frequently but for only two to three minutes at a time. George and Fuka had a similar conversation near the end of June about the May telephone report, which showed that Fuka had made nine extended personal calls. These conversations had an impact, as the June report showed that Fuka had made only one extended personal call.

The monthly reports for July, August, and September, however, revealed that Fuka had made five, four, and then eleven extended calls in those months. In mid-November, George spoke to Fuka about the number of calls reflected on those reports. He indicated that Fuka was abusing her privilege to make personal calls from her work station, and Fuka responded that she would begin to make her personal calls from the pay phone down the hall. George purports to have told Fuka that this would only exacerbate the problem, but Fuka denies that George ever objected to her use of the pay phone. She acknowledges, however, that long personal calls, regardless of where they were made, would make her unavailable to answer business calls.

On December 23, 1991, George and Fuka met to discuss Fuka’s year-end performance review. 1 George prepared that review, and Sparkman had already approved it. George rated Fuka’s overall performance as “marginal,” and he assigned to her the lowest possible rating in two categories — “budgets time effectively” and “displays a positive attitude toward work.” In the “manager’s comments and conclusions” section, George wrote the following:

Dee possesses superior skills necessary for the customer service position. However, Dee has chosen not to utilize these skills since moving over from International Customer Service.... Dee has a bad attitude much of the time. Pouts when she chooses not to participate. Is a chronic complainer and is a disruptive element in the work area. Since May I have discussed her ABUSE regarding the length of personal phone calls. No improvement noted. She apparently has no regard for her supervisor’s wishes_ She auxes out [deactivates her telephone] for long periods without approval or notification to others. She *1401 remains on personal calls while incoming calls abandon. She takes lunches beyond the 45 minutes allowed. Her sick days are excessive without a specific illness to attribute it to and are most notably on Mondays or Fridays.... Dee’s performance is unsatisfactory and must improve dramatically. This is a condition of her continued employment at [Thomson]. Dee’s progress, or lack thereof, should be evaluated monthly until a significant and lasting improvement has been established. If improvement is not forthcoming, dismissal is recommended. The tragedy here is that Dee could be and should be a top performer but has willfully chosen an alternate road.

(R. 19-2, Ex. D.) Fuka refused to sign the review and responded in writing on January 10, 1992, disputing nearly every criticism leveled against her. Fuka asserted that ninety-five percent of her review “was fabrication, or at least misconception, possibly due to the reviewer’s lack of experience in a supervisory capacity.” (Id.) By the time Fuka submitted her response, however, George was no longer her supervisor, having relocated to Indianapolis on January 2.

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

Related

Gina Santangelo v. Bridgestone/firestone, Inc.
499 F. App'x 727 (Ninth Circuit, 2012)
Graber v. MAD BREWER, INC.
773 F. Supp. 2d 765 (N.D. Indiana, 2011)
Brewer v. BOARD OF TRUSTEES OF THE UNIV. OF ILL.
407 F. Supp. 2d 946 (C.D. Illinois, 2005)
Wolotka v. School Town of Munster
399 F. Supp. 2d 885 (N.D. Indiana, 2005)
Kabes v. School District of River Falls
387 F. Supp. 2d 955 (W.D. Wisconsin, 2005)
Martinez v. Abbott Laboratories
356 F. Supp. 2d 898 (N.D. Illinois, 2005)
Lewis v. Henderson
249 F. Supp. 2d 958 (N.D. Illinois, 2003)
Alexander v. CIT Technology Financing Services, Inc.
217 F. Supp. 2d 867 (N.D. Illinois, 2002)
Broadwater v. Heidtman Steel Products, Inc.
182 F. Supp. 2d 705 (S.D. Illinois, 2002)
Rauen v. United States Tobacco Manufacturing Ltd. Partnership
161 F. Supp. 2d 899 (N.D. Illinois, 2001)
Grant v. Murphy & Miller, Inc.
149 F. Supp. 2d 957 (N.D. Illinois, 2001)
Allen v. Chicago Transit Authority
163 F. Supp. 2d 953 (N.D. Illinois, 2001)
Hall v. City of Chicago
152 F. Supp. 2d 962 (N.D. Illinois, 2001)
Cross v. Ryder Integrated Logistics
140 F. Supp. 2d 933 (N.D. Illinois, 2001)
Noble v. Sheahan
132 F. Supp. 2d 626 (N.D. Illinois, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
82 F.3d 1397, 1996 U.S. App. LEXIS 10408, 71 Fair Empl. Prac. Cas. (BNA) 1417, 1996 WL 225611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dolores-j-fuka-v-thomson-consumer-electronics-ca7-1996.