Efeosa Idemudia v. J.P. Morgan Chase

434 F. App'x 495
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 18, 2011
Docket10-1074
StatusUnpublished
Cited by20 cases

This text of 434 F. App'x 495 (Efeosa Idemudia v. J.P. Morgan Chase) 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
Efeosa Idemudia v. J.P. Morgan Chase, 434 F. App'x 495 (6th Cir. 2011).

Opinion

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Efeosa Idemudia appeals the district court’s grant of summary judgment to Defendants-Appellees J.P. Morgan Chase Bank, N.A. (“Chase”) and Michael Baers (together, “Defendants”), on his claim of race and national-origin discrimination brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and Michigan’s Elliott-Larsen Civil Rights Act (“ELCRA”). Because Idemudia has not presented evidence sufficient to raise a genuine issue of material fact with respect to whether Defendants’ legitimate, nondiscriminatory reasons for terminating him are pretext for discrimination, we AFFIRM the district court’s grant of summary judgment.

I. FACTS & BACKGROUND

Idemudia is an African American who was born in Nigeria. He started working for Chase in 1996 as a bank teller in New York City. While working for Chase in New York, Idemudia was promoted to several different teller positions and then to the position of a personal banker. In November 2006, he was promoted to branch manager for a new branch that opened in Kalamazoo, Michigan in April 2007. Also in April 2007, Baers, who is white, became the District Manager overseeing Idemu-dia’s branch.

On May 2, 2007, Chase Field Operations Service Coach John Tinay conducted a routine audit visit to assess coaching needs; he provided feedback and rated the branch as “Needs Work.” R.52 Ex. 32 (Record of Branch Visit). Idemudia testified that Tinay worked with the branch’s assistant branch manager (“ABM”) Robert Byrd during this training visit and that the only issue that Tinay discussed with Ide-mudia was communications issues between Idemudia and Byrd.

On May 16, 2007, personal banker Mali-sa Gries brought her children to the bank, and the children pulled the fire alarm. The bank was charged $500 for causing the police department to respond. Idemu-dia was not at the bank on May 16, 17, or 18, because his wife was in the hospital delivering their son, and the bank was under the management of ABM Byrd during this time. Also on May 16, Byrd instructed Gries to lock customer deposits in a teller station, which was against Chase’s policy and procedure. On June 1, 2007, Chase Global Security and Investigations conducted an investigation of what happened on May 16. Idemudia first stated that he found the missing deposits on Saturday, May 19, but, upon reviewing the branch’s video recording, he stated that he and Gries found the deposits on Monday, May 21. Idemudia testified in his deposition that he was confused about the dates because he came into the branch on Saturday even though he was not supposed to work that day. One report resulting from the investigation indicated that both Byrd and Idemudia would be suspended. One of the investigators, Ron Philpot, who is African American, recommended that Ide-mudia be terminated for the incident because he believed that Idemudia lied about the customer deposits. Byrd was termi *497 nated, but Baers decided not to terminate Idemudia. Instead, Idemudia was placed on suspension until June 5, 2007. On June 7, 2007, Idemudia was issued a written warning, which listed numerous concerns with Idemudia’s management of the branch. Idemudia alleges that Baers added the loss amount on the warning after Idemudia signed it. Compare R.52 Ex. 25 (written warning with loss amount), with id. Ex. 50 (written warning without loss amount). He also alleges that he was given a warning by Baers with Baers’s manager Dan Dubeau present but that Baers switched the documents and gave him a final written warning without Du-beau present. After Byrd was terminated, Baers did not hire a replacement ABM during the two-month period that Idemu-dia remained at the bank.

On June 25, 2007, Tinay conducted another audit visit, again providing feedback and rating the branch as “Needs Work.” R.49 Ex. 11 (Record of Branch Visit). Idemudia testified that although the branch did not have an ABM at the time of Tinay’s second visit, Idemudia did not speak with Tinay about the results of the visit. Baers also met with Idemudia on June 25, 2007, to develop a “Branch Action Plan.” On June 26, 2007, Chase trainer Serena Ketterer conducted a branch visit and prepared a report based on her visit. The report noted positive observations from the visit, including that the branch had no “loss account warehouse” (“LAW”) losses. 1 The report also indicated areas for improvement, including that Idemudia was “having trouble scheduling the branch effectively” and that Idemudia had “committed” to taking certain online training courses. R.52 Ex. 41 (Branch Visit Report at 2-3). Ketterer worked directly with Idemudia during this visit, and Idemudia received by email a copy of her report, which she prepared after her visit. Baers met with Idemudia again on July 2, 2007 and July 3, 2007, to discuss branch action plans. During Baers’s visit on July 3, 2007, Baers showed Idemudia examples of other branch action plans, and Idemudia laughed at them and said they were “ridiculous.” R.49 Ex. 14 (Baers documentation at 4); R.49 Ex. 25 (July 21, 2009 Idemudia Dep. at 199).

On July 24, 2007, Idemudia spoke with personal banker Dawn Lyons-Dean regarding an inappropriate comment that she made to a customer. Lyons-Dean then left the branch when she was supposed to be working. Idemudia prepared a formal written disciplinary action against Lyons-Dean for insubordination and, on July 25, 2007, recommended that she be terminated. Idemudia had had several prior interactions with Lyons-Dean, resulting in written statements. Idemudia also alleged that Lyons-Dean once commented that she always had been told she would have a supervisor with “blue eyes, slick hair” and that another time she responded to a statement that Idemudia made about getting along with his neighbors, who were white, by stating it was “because you’re African, if you were African American, that wouldn’t happen.” R.49 Ex. 23 (July 2, 2009 Idemudia Dep. at 109-10). Baers did not accept Idemudia’s recommendation and did not terminate Lyons-Dean. Baers stated that he did not terminate her because Idemudia did not follow proper procedure with respect to the writeups and because he had “reason to believe that [Idemudia was] not manag *498 ing [Lyons-Dean] properly.” R.49 Ex. 24 (Baers Dep. at 30).

At some point before Idemudia was terminated, Baers asked Idemudia to interview for a personal banker position available in Stevensville, Michigan. The base pay for the position is less than Idemudia made as branch manager, and the branch is over forty-five minutes from Idemudia’s residence. Idemudia alleges that Baers threatened that he would write up Idemu-dia if Idemudia did not interview. Idemu-dia also alleges that, in the same conversation that Baers told Idemudia to apply for the personal banker position, Baers also told Idemudia that Baers had dated an African American woman for three years and that she had broken up with him because her family did not approve of him being white.

On August 1, 2007, Baers came to the branch and asked if Idemudia had completed the training that Tinay and Ketterer had recommended after their branch •visits.

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Bluebook (online)
434 F. App'x 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/efeosa-idemudia-v-jp-morgan-chase-ca6-2011.