Foco v. Freudenberg-Nok General Partnership

892 F. Supp. 2d 871, 2012 WL 3779156, 2012 U.S. Dist. LEXIS 124393, 96 Empl. Prac. Dec. (CCH) 44,665, 116 Fair Empl. Prac. Cas. (BNA) 1453
CourtDistrict Court, E.D. Michigan
DecidedAugust 31, 2012
DocketCase No. 11-CV-11415
StatusPublished
Cited by1 cases

This text of 892 F. Supp. 2d 871 (Foco v. Freudenberg-Nok General Partnership) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Foco v. Freudenberg-Nok General Partnership, 892 F. Supp. 2d 871, 2012 WL 3779156, 2012 U.S. Dist. LEXIS 124393, 96 Empl. Prac. Dec. (CCH) 44,665, 116 Fair Empl. Prac. Cas. (BNA) 1453 (E.D. Mich. 2012).

Opinion

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [# 21]

GEORGE CARAM STEEH, District Judge.

I. Introduction

Plaintiff filed the instant action on April 4, 2011, raising claims of wage discrimina[873]*873tion under the Equal Pay Act, 29 U.S.C. § 206(d)(1) (“EPA”), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e el seq. and Michigan’s Elliot-Larsen Civil Rights Act, Mich. Comp. Laws § 37.2101 et seq. (“ELCRA”).

Presently before the court is defendants’ motion for summary judgment. After plaintiff filed a response in opposition to defendants’ pending motion for summary judgment, she filed a supplemental response to defendants’ motion for summary judgment on April 26, 2012, or three business days prior to the scheduled. May 1, 2012 hearing. The following day, defendants filed a motion to strike plaintiffs supplemental response, or in the alternative, to permit defendants to file a reply to plaintiffs supplemental response. See Dkt. No. 47. At the hearing on this matter, the court denied defendants’ motion to strike plaintiffs supplemental response and permitted defendant to file a reply to plaintiffs supplemental response. For the reasons that follow, defendants’ motion for summary judgment is GRANTED.

II. Factual Background

Freudenberg-NOK General Partnership (FNGP) is a leading producer of advanced sealing technology for the automotive industry. Vibr acoustic North America (VNA) was a division of FNGP from 2000 to 2010 before becoming a corporate subsidiary of FNGP in April of 2010.

During the summers of 2002 and 2003, plaintiff was a student intern in FNGP’s technology department testing rubber samples. After she graduated from Ferris State University with a degree in Plastics Engineering Technology, she was offered a position as a Test Engineer at FNGP’s Plymouth, Michigan office. On July 1, 2004, plaintiff began employment as a Test Engineer, grade level 6, supervised by Si-nan Lacin. Before this job, plaintiff had never held a salaried position, having prior work as a fitness instructor and in a “summer gig” at a car dealership. Plaintiffs starting salary was $42,000.00. Between 2002 and 2004, FNGP hired four males with similar experience holding the same degree as plaintiff and all received a starting salary of $42,000.00. As a Test Engineer, plaintiffs core job duties were to test components and report test results. On July 1, 2005, plaintiff received a 2% salary increase from $42,000.00 to $42,840.00. On April 1, 2006, she received a 10% pay increase to $47,124.00.

On January 1, 2007, plaintiff was promoted to Applications Engineer. An Applications Engineer works with the Account Manager to provide technical support and information to customers. Upon receiving this promotion, plaintiff did not receive any increase in her salary. Defendants maintain that “[i]n the industry at large and within FNGP, it is common to give an employee a new title without a corresponding pay increase until the employee demonstrates his or her ability to successfully perform the job.” Therefore, FNGP management decided to see how plaintiff performed in the new position before giving her a pay increase, cell phone and car allowance. Plaintiff asserts that all other Applications Engineers at FNGP, who were all male, had a car and cell phone allowance, and were eligible for bonuses. Further, plaintiff claims that she was not paid on the pay scale for the Applications Engineer position. Specifically, plaintiff argues that she should have been classified at a Grade 8 as an Applications Engineer, but she remained classified as a Grade 6 upon her promotion to this position. However, defendants argue that FNGP jobs do not have set pay grades and the document relied on by plaintiff was prepared by plaintiffs former supervisor, Jens Lange, who had no authority to assign pay grades.

[874]*874Sometime in January of 2007, plaintiff approached Lange concerning her salary. Lange offered to review her compensation. At his deposition, Lange testified:

Q. —and complained about it? Do you recall what her pay was when she first complained about her pay?
A. 44,000, plus or minus.
Q. And—
A. Around 44,000.
Q. ' Did you think that was too low?
A. I can only say that it was approximately half of what some other application engineers made so either some other engineers made twice as much money as they should, or Nicole made 50 cents to the dollar, something was off.

See Plf.’s Resp., Ex. D at 50. Mr. Lange also testified about a meeting he had with Michelle Tomaszek, Director of FNGP’s Human Resources:

A. That was Michell Tomaszek, yeah, who helped me to go through this whole, through this whole process. And I would almost say that Michelle was concerned at that time about what she saw in the numbers for Nicole. Obviously she never had reason to look into that before, but now it was on the table and she looked into it and said, that’s no fit.
They actually told me at that time that they looked into the salary level and grade levels of all application engineers at Freudenberg-NOK, so that American Freudenberg branch. And not only found that Nicole is on the wrong pay level, but she is also at the rock bottom of salary, rock, rock bottom. And they took me aside and says, She’s the only application engineer that doesn’t have Flex Drive allowances, basically car allowance.

Id. at 54-55. Mr. Lange testified that Ms. Tomaszek told him that he needed to “fix this” because “otherwise you would open the door for a harassment case by basically denying the employee certain things that other application engineers within Vibracoustic and company wide received as a standard package. And the fact that Nicole is a female makes it even worse now that just does not look right.” Id. at 92.

Thereafter, plaintiff was given a 6% pay increase from $47,124.00 to $49,951.00 and was promoted to grade level 7. She also received a 2007 bonus, a retroactive car allowance and cell phone reimbursement. Mr. Lange testified that the 6% raise was too low to remedy the disparity.

A. [S]o bumping up a salary that’s 50 cents to the dollar by six percent is not closing the gap much. And at that time, once I fully understood what was going on, I said, Okay, we can’t fix this in one go-around, this will be something that will take two, maybe three years[.]
If you do this over three years, well, you basically have to close the gap every year by 10 to 15 percent to make her catch up. And then after three years she would still not have been at the same level than some other application engineers, and then you can argue and say, Okay, now there is a little bit more seniority, a little bit more experience, and that’s why he’s making 15 or 20 percent more. That’s all fine.

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892 F. Supp. 2d 871, 2012 WL 3779156, 2012 U.S. Dist. LEXIS 124393, 96 Empl. Prac. Dec. (CCH) 44,665, 116 Fair Empl. Prac. Cas. (BNA) 1453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foco-v-freudenberg-nok-general-partnership-mied-2012.