Dukanci v. Ann Inc. Retail

117 F. Supp. 3d 115, 2015 U.S. Dist. LEXIS 101066, 2015 WL 4610468
CourtDistrict Court, D. Massachusetts
DecidedAugust 3, 2015
DocketCivil Action No. 14-11282-DJC
StatusPublished
Cited by2 cases

This text of 117 F. Supp. 3d 115 (Dukanci v. Ann Inc. Retail) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dukanci v. Ann Inc. Retail, 117 F. Supp. 3d 115, 2015 U.S. Dist. LEXIS 101066, 2015 WL 4610468 (D. Mass. 2015).

Opinion

MEMORANDUM AND ORDER

CASPER, District Judge

I. Introduction

Plaintiff Esen Dukanci (“Dukanci”) has filed this lawsuit against Defendant Ann Taylor Retail Inc.1 (“Ann Taylor”) alleging a claim of retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a). D. 1. Ann Taylor has moved for summary judgment. D. 54. [117]*117For the reasons' stated below, the' Court ALLOWS the motion.

II. Standard of Review

The Court grants summary judgment where there is no genuine dispute as , to any material fact and the undisputed facts demonstrate that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). “A fact is material if it carries with it the potential to affect the outcome of the suit under applicable law.” Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir.2000) (quoting Sánchez v. Alvarado 101 F.3d 223, 227 (1st Cir.1996)). The movant bears the burden of demonstrating the absence of a genuine issue of material fact. Carmona v. Toledo, 215 F.3d 124, 132 (1st Cir.2000); see Celotex v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the movant meets its burden, the non-moving party may not rest on the allegations or denials in her pleadings, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), but “must, with respect to each issue on which she would bear the burden of proof at trial, demonstrate that a trier of fact could' reasonably resolve that issue in her favor.” Borges ex rel. S.M.B.W. v. Serrano-Isern, 605 F.3d 1, 5 (1st Cir.2010). “As a general rule, that requires the production of evidence that is ‘signifi-cantfly] probative.’ ” Id. (quoting Anderson, 477 U.S. at 249, 106 S.Ct. 2505) (alteration in original). Here, then, Du-kanci “must point to evidence in the record that would permit a rational factfinder to conclude that the employment action was retaliatory.” Thompson v. Coca-Cola Co., 522 F.3d 168, 181 (1st Cir.2008). In determining whether to grant summary judgment, the Court “view[s] the record in the light most favorable to the nonmovant, drawing reasonable inferences in his favor.” Noonan v. Staples, Inc., 556 F.3d 20, 25 (1st Cir.2009).

III. Factual Background

Unless otherwise indicated, the following facts are as described in Ann Taylor’s statement of material facts, D. 56.2

Dukanci is Muslim, was born in Turkey and is a United States citizen. ’ Id. ¶ 6. Dukanci worked for Ann Taylor for approximately five years from January 2007 until June 2012. Id. ¶¶ 7, 13. She began her employment with Ann Taylor as a senior assistant manager ahd co-manager of the Ann Taylor LOFT store located in Chestnut Hill, Massachusetts, but was promoted to store manágér in or around May 2009. Id. ¶¶ 8-9, 13. Prior to her termination on June 18, 20Í2, Dukanci was still employed as á store mahager at the Chestnut Hill LOFT store. Id. ¶¶9, 13. As store manager, Dukanci was supervised by and reported directly to the district manager. Id. ¶ 12, Initially, Dukanci reported to District Manager Kellie Orcione (“Orcione”), but when Orcione left the company a few months later Dukanci began reporting to District Manager Michelle Desrosiers (“Desrosiers”). Id. Du-kanci subsequently reported to District Manager Jeanne Anderson (“Anderson”) after Desrosiers, left in 2011. Id. Over the [118]*118course of Dukanci-’s employment as store manager, Desrosiers and Anderson periodically reviewed Dukanci’s performance and provided her with evaluations that identified consistent, specific areas' of concern. Id. ¶¶ 14-15, 22-28, 32, 43-45.

A. Dukanci’s Performance Issues Pre-MCAD Complaint

As noted above, Dukanci began her employment with Ann Taylor in January 2007 and was promoted to the position of store manager in May 2009. Id. ¶¶8-9. On' March 25, 2010, Dukanci received her first annual performance assessment, which evaluated her 2009 performance as store manager. Id. ¶ 14. The assessment noted an overall performance rating of “below expectations” and placed Dukanci on notice that she must “improve her operational and directional leadership as wéll as her performance management - skills immediately.” Id. ¶¶ 15, 18. “[I]f immediate and sustained improvement of [Dukanci’s] leadership, is, not evident[,] disciplinary action [would] follow.” Id. ¶ 18. Dukanci acknowledges receiving the assessment and its contents. Id. ¶¶ 16,17; Dukanci Depo., D. 56-1 at 18-22. In addition to the performance assessment, Dukanci received a final warning in December 2010 for losing her store keys. D. 56 ¶ 21; see also Du-kanci Depo., D. 56-1 at 26-27.

' On April 13, 2011, Dukanci received her second annual performance assessment, which evaluated her 2010 performance as store manager. D. 56 ¶22. Dukanci again-receivad an overall performance rating of “below expectations” and Desrosi-ers, her evaluator, highlighted that Dukan-ci “continued to: (i) have a difficult time receiving constructive feedback; (ii) have a difficult time making decisions; (iii) fail to manage her co-manager’s performance; (iv) fail to impact associate engagement or deliver effective written performance assessments; (v) fail to develop a talent pool for potential store leadership; (vi) fail operational assessments; (vii) fail to maintain the general maintenance of the Store; and (viii) use poor judgment.” Id. ¶ 23. Du-kanci acknowledges receiving the assessment and further acknowledges that she had been warned by Desrosiers that this was the second year in a row that Dukanci had failed to make improvements and “[i]f significant and sustained improvement of her leadership is not evident, further disciplinary action will follow up to and including the separation of her employment with LOFT.” Id. ¶ 24; Dukanci Depo., D. 56-1 at 28 — 30.

On April 27,2011, Dukanci sent an email to Human Resource Director Colleen Foote (“Foote”) regarding the 2009 and 2010 performance assessments. D. 56 ¶26. , In the email, Dukanci disagreed with both assessments, but did not express a belief that the negative. evaluations therein came about as a result of her religion and/or. national origin. Id. ¶ 28. Dukanci testified in her deposition, however, that she subsequently telephoned Foote, after receiving .the 2010 performance assessment, to voice concerns about her belief that she was being discriminated against because of her religion. Id.

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Bluebook (online)
117 F. Supp. 3d 115, 2015 U.S. Dist. LEXIS 101066, 2015 WL 4610468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dukanci-v-ann-inc-retail-mad-2015.