Dorfman v. Pine Hill Board of Education

346 F. App'x 825
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 30, 2009
DocketNo. 08-4012
StatusPublished

This text of 346 F. App'x 825 (Dorfman v. Pine Hill Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dorfman v. Pine Hill Board of Education, 346 F. App'x 825 (3d Cir. 2009).

Opinion

OPINION

PER CURIAM.

Judith Dorfman appeals from the district court’s grant of summary judgment in favor of appellees in her employment discrimination action. For the following reasons, we will affirm the district court’s judgment.

I. Background

The Pine Hill Board of Education (“Pine Hill”) hired Dorfman as a music teacher at John H. Glenn School in New Jersey starting in 2001 and her contract was renewed for each of the next two years. At the time of her hiring, Dorfman was fifty-six years old and her principal and performance evaluator was Mark Durand. Du-rand retired at the end of the 2002-2003 school year. At the end of the 2003-04 school year, upon the recommendation of her new principal, Cynthia Guarracino, and the superintendent Dr. Kenneth Koczur, Dorfman’s contract was not renewed for a third year and she did not receive tenure.1 When Guarracino called Dorfman into the principal’s office to discuss the non-renewal, Koczur allegedly told her that there was a problem with her “fit” at the school. (SuppApp. at 60.) Pine Hill replaced Dorfman with a teacher who is eleven years younger.

On June 30, 2006, Dorfman filed a law suit alleging age-discrimination in violation of the New Jersey Law Against Discrimination (“NJLAD”), N.J. Stat. Ann. § 10:5-12(a). Dorfman alleged that Pine Hill did not renew her contract because of her age in violation of the NJLAD, and she alleged that Koczur and Guarracino aided and abetted this violation. She also alleged that she was subject to harassment because of her age. Appellees moved for summary judgment, arguing that Dorfman was not offered renewal because of her negative performance evaluations. The district court granted the motion and Dorfman filed a timely notice of appeal.

II. Jurisdiction and Standard of Review

The district court had jurisdiction to entertain this matter under 28 U.S.C. § 1332. We have jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary review over the district court’s grant of summary judgment. Alaska Elec. Pension Fund v. Pharmacia Corp., 554 F.3d 342, 346 (3d Cir.2009). On review, we apply the same standard as the district court. United States ex rel. Kosenske v. Carlisle HMA Inc., 554 F.3d 88, 95 (3d Cir.2009). Thus the district court properly granted summary judgment if “viewing the record in the light most favorable to the non-moving party and drawing all inferences in that party’s favor, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” Id. (citations omitted).

[827]*827III. Analysis

A. Non-Renewal of Contract

Dorfman argues that appellees violated the NJLAD because they did not renew her contract based on impermissible motives, namely her age. The NJLAD applies a three-step burden shifting test which initially requires the employee to establish a prima facie case. See Zive v. Stanley Roberts, Inc., 182 N.J. 436, 867 A.2d 1133, 1139 (2005). After the plaintiff satisfies her burden, the employer must “articulate some legitimate, nondiseriminatory reason for the employee’s” firing. Erickson v. Marsh & McLennan Co., 117 N.J. 539, 569 A.2d 793, 798 (1990) (citation omitted). In the final step, the employee must demonstrate that the employer’s reason was not the true reason for the employment decision, but was a pretext for discrimination. Id. at 799.

Like the district court, we will assume that Dorfman established a prima facie ease inasmuch as she is a member of a protected class, Pine Hill did not renew her contract, and it replaced her with a similarly qualified person. See Gerety v. Atl. City Hilton Casino Resort, 184 N.J. 391, 877 A.2d 1233, 1237 (2005) (citation omitted) (listing requirements for a prima facie case of discrimination). The district court held that appellees met their burden at the second step by pointing to Dorfman’s negative performance evaluations as a legitimate non-discriminatory reason for not renewing her contract. Specifically, the evaluations noted that Dorfman needed to improve her classroom management skills.

Dorfman asserts that the district court’s finding at the second step is erroneous because the defendants failed to produce written evaluation policies and procedures as required by N.J. Admin. Code § 6A:32-4.5. Dorfman, however, did not seek to compel the production of any written policies and procedures during discovery and therefore cannot now blame appellees for failing to produce them. In any event, Dorfman’s argument that a genuine issue of material fact exists as to whether appellees’ practices and policies comported with the requirements of New Jersey’s administrative code is meritless. (Appellant’s Br. at 2) (citing Sarsha v. Sears, Roebuck & Co., 3 F.3d 1035, 1040 (7th Cir.1993)). In Sarsha, the employer fired the employee for violating a policy prohibiting managers from dating subordinates. Sarsha, 3 F.3d at 1039. The Court held that there was a genuine issue of material fact concerning whether an official dating policy existed. Id. at 1040. Here, appellees did not renew Dorfman’s contract because of her deficiency in classroom management skills as reflected in her performance evaluations and not for violation of a school policy. Therefore, this argument must fail.

Next, Dorfman contends that a genuine issue of material fact exists as to whether appellees’ explanation at the second step was a pretext for age-based animus. An employee may show pretext in two ways: 1) by discrediting the employer’s proffered reasons, either circumstantially or directly, or 2) by producing evidence, either circumstantial or direct, showing that discrimination was more likely than not the motivating or determinative cause of the adverse employment action. See Fuentes v. Perskie, 32 F.3d 759, 764 (3d Cir.1994); see DeWees v. RCN Corp., 380 N.J.Super. 511, 883 A.2d 387, 396-97 (N.J.Super.Ct.App.Div.2005) (noting New Jersey courts’ adoption of the standard in Fuentes). We agree with the district court that Dorfman has failed on both fronts.

First, Dorfman points to evaluations that Durand performed which praised her classroom management skills. Even those earlier evaluations, however, note that she needed to secure the attention of all the [828]*828students before beginning an activity and needed to improve her classroom disciplinary procedures. (Supp.App.

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Bluebook (online)
346 F. App'x 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorfman-v-pine-hill-board-of-education-ca3-2009.