Eperesi v. Envirotest Systems Corp.

999 F. Supp. 1026, 1998 U.S. Dist. LEXIS 3874, 1998 WL 141678
CourtDistrict Court, N.D. Ohio
DecidedMarch 23, 1998
DocketNo. 1:97-CV-1403
StatusPublished

This text of 999 F. Supp. 1026 (Eperesi v. Envirotest Systems Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eperesi v. Envirotest Systems Corp., 999 F. Supp. 1026, 1998 U.S. Dist. LEXIS 3874, 1998 WL 141678 (N.D. Ohio 1998).

Opinion

OPINION AND ORDER

GWIN, District Judge.

On March 11, 1998, Defendant Envirotest Systems Corp. (“Envirotest”) filed a motion for summary judgment against Plaintiff Luann Eperesi [Doc. 29], For the reasons that follow, the defendant’s motion is granted.

.1

Plaintiff Eperesi filed this action against Defendant Envirotest on May 19, 1997. Eperesi sues Envirotest claiming that her termination from defendant’s employment was motivated by discriminatory reasons. Plaintiff Eperesi makes claim for: (1) violation of the Equal Pay Act; (2) gender discrimination because of unequal pay under Title VII; (3) racial discrimination under Title VII; (4) retaliatory discharge under Title VII; (5) retaliatory discharge under the Equal Pay and Fair Labor Standards Acts; (6) gender discrimination based upon alleged unequal pay under Chapter 4112 of the Ohio Revised Code; (7) racial discrimination under Chapter 4112 of the Ohio Revised Code; (8) retaliatory discharge under Chapter 4112 of the Ohio Revised' Code; and (9) wrongful discharge in violation of Ohio public policy.

During a status conference held on December 16, 1997, before U.S. District Judge Nu-gent, plaintiff advised the Court that she would not be pursuing her claims for wage discrimination arising under the Equal Pay Act and Title VII (Counts I, II and VI).1 For this reason, the Court limits its review to Plaintiff Eperesi’s claims for retaliation, racial discrimination and violation of public policy.

II

Defendant Envirotest provides vehicle emissions testing for the State of Ohio through a program know as “E-Cheek.” Employees that work for Envirotest go through training and are thereafter placed at stations located throughout the State. Employees are paid according to a predetermined schedule. Typically, an employee will receive pay step increases based upon the number of hours worked and whether their performance is satisfactory.

On October 23, 1995, Defendant hired Plaintiff Eperesi as a Lane Inspector. Plaintiff went through training and was assigned to defendant’s Euclid, Ohio facility. Plaintiff’s initial rate of pay was $5.50 per hour. On January 20, 1996, Plaintiff was promoted from the position of Lane Inspector to the position of Lead Lane Inspector. She received a pay increase of .50 cents per hour, making her rate of pay $6.00 per hour. On July 25, 1996, Plaintiffs pay was again increased to $6.25 per hour for completing six months of service with the company.

Sometime in the late Summer of 1996, Plaintiff learned that a male co-worker, also working as a Lead Lane Inspector, was making $6.40 per hour compared to her $6.25 per hour. This employee was hired as a Lane Inspector with Plaintiff Eperesi in October of 1995, yet was promoted to Lead Lane In[1029]*1029spector sometime after Eperesi was promoted in July 1996. Plaintiff made complaints to management about what she perceived to be unequal pay. In late September 1996, Plaintiff filed a charge with the EEOC.

Shortly thereafter, on October 30, 1996, Plaintiff executed two public relations tests (“PR tests”) at the Euclid facility.2 These tests are routinely performed by management level personnel and must be authorized. Plaintiff admits that she performed these PR tests, but claims that she had discretion to do so.3 Plaintiff Eperesi’s managers deny that such discretion was ever given and they state that the tests were unauthorized.4 On October 30, 1996, Defendant Envirotest terminated Eperesi for performing the unauthorized tests.5

Ill

Defendant says it is entitled to summary judgment for the following reasons: (1) plaintiffs claims of racial discrimination under Title VI (Count III) and Ohio law (Count VII) fail because plaintiff cannot show that Defendant Envirotest had knowledge of, or lacked tolerance for, plaintiffs interracial relationship with another company employee; (2) plaintiffs claims for retaliatory discharge under Title VII, the Equal Pay and Fair Labor Standards Acts, and state law (Counts IV, V, and VIII, respectively) fail because plaintiff cannot show any causal connection between her inquiries about her pay and Defendant Envirotest’s election to terminate her; and (3) plaintiffs claim that her termination violated Ohio public policy (Count IX) fails because she cannot show that her civil rights were violated.

rv

The procedure for granting summary judgment is found in Fed.R.Civ.P. 56(c), which provides in part that:

[t]he judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

The evidence must be viewed in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment is not proper if there is a material dispute over the facts, “that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment is appropriate, however, if the opposing party fails to make a showing sufficient to establish the existence of an element essential to that party’s case and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, [1030]*1030477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). See also Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

The Sixth Circuit has recognized that Liberty Lobby, Celotex and Matsushita effected “a decided change in summary judgment practice,” ushering in a “new era” in summary judgments. Street v. J.C. Bradford & Co., 886 F.2d 1472, 1476 (6th Cir.1989). In responding to a proper motion for summary judgment, the nonmoving party “cannot rely on the hope that the trier of fact will disbelieve the movant’s denial of a disputed fact, but must ‘present affirmative evidence in order to defeat a properly supported motion for summary judgment.’” Street, 886 F.2d at 1479 (quoting Liberty Lobby, 477 U.S. at 257). The nonmoving party must introduce more than a scintilla of evidence to overcome the summary judgment motion. Street, 886 F.2d at 1479.

The Sixth Circuit emphasized the showing required to defeat summary judgment, in Mitchell v. Toledo Hosp., 964 F.2d 577 (6th Cir.1992). There, the Court stated:

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Bluebook (online)
999 F. Supp. 1026, 1998 U.S. Dist. LEXIS 3874, 1998 WL 141678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eperesi-v-envirotest-systems-corp-ohnd-1998.