Gerald H. BIOLCHINI, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-Appellee

167 F.3d 1151, 1999 U.S. App. LEXIS 1668, 75 Empl. Prac. Dec. (CCH) 45,740, 79 Fair Empl. Prac. Cas. (BNA) 1402, 1999 WL 52157
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 5, 1999
Docket98-2017
StatusPublished
Cited by38 cases

This text of 167 F.3d 1151 (Gerald H. BIOLCHINI, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gerald H. BIOLCHINI, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-Appellee, 167 F.3d 1151, 1999 U.S. App. LEXIS 1668, 75 Empl. Prac. Dec. (CCH) 45,740, 79 Fair Empl. Prac. Cas. (BNA) 1402, 1999 WL 52157 (7th Cir. 1999).

Opinion

FLAUM, Circuit Judge.

Gerald Biolchini appeals from summary judgment in favor of General Electric Company (“GE”) on his age discrimination claims brought under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. We now affirm.

I. BACKGROUND

Gerald Biolchini is fifty-seven years old. He worked as an electrician in GE’s Bloom-ington, Illinois facility from 1962 until 1989 when he was laid off and informed that he had one year in which to find another job within GE. Just prior to his termination, Biolchini was hired to work in GE’s Parts Service Center (“PSC”) by William Doyle, the PSC’s manager. The PSC is a centralized facility for GE’s engineering services department that stocks and ships GE parts. It also operates a small electronic repair facility. Biolchini knew Doyle and considered him a friend. Doyle was older than Biolchini.

In 1991, Doyle assigned Biolchini lead responsibilities with regard to the repair area and facility maintenance. From “the day he walked into the place,” Biolchini had the impression that some PSC employees disapproved of the way Doyle managed the facility. In addition to their “continual disrespect” for Doyle, Biolchini felt animosity directed towards him “because [the employees] knew he was brought in to try to help straighten out the work and get things going on the right track.”

During 1992, Human Resources Manager, Allen Renz, age 54, received numerous complaints about Doyle’s management from PSC employees. Sometime in or before 1992, Renz scheduled a meeting with Doyle and his subordinates to allow the PSC employees to air their grievances in front of Doyle. Renz felt this meeting was unsuccessful because the employees “would not open up with their problems” in front of Doyle. In late January 1993, Renz and Doyle’s supervisor, Joe Reu-ter, age 54, conducted two “skip-level” meetings with the PSC employees without Doyle or Biolchini present. At these meetings, the PSC employees complained not only about Doyle’s management, but also about Biolchi-ni. In particular, they complained about Biolchini’s technical inadequacy for his job and their inability to get information from him.

Early in 1993, Doyle received a complaint from Linda Martin, a female employee at the PSC, alleging that Biolchini had sexually harassed her. Doyle contacted Renz who then investigated Martin’s complaint. Renz interviewed Martin and various other PSC employees and twice met with Biolchini. During this investigation, Renz discovered that Biolchini had been aware of a different incident in which one of Biolchini’s subordinates had groped a female employee. Instead of reporting that incident to the human resources department as he was supposed to do, Biolchini “[took] care of that issue” by speaking to the employee.

Renz and Reuter investigated the reported problems with Doyle’s management by interviewing PSC employees and customers. Because Renz was contemporaneously inves *1153 tigating Linda Martin’s sexual harassment allegations against Biolchini, he also investigated the various statements raised at the meetings concerning Biolchini’s performance and technical aptitude.

On or about February 5, 1993, Renz and Reuter met with Doyle to discuss his management of the PSC and Biolchini’s performance. During this meeting, Doyle indicated that he agreed with Renz’s assessment that Biolchini appeared unqualified to be a leader in the repair facility. Doyle also concurred that Biolchini seemed to have engaged in inappropriate conduct with respect to Martin.

Between February 5 and February 12, 1993, Reuter, Doyle and Renz agreed that Biolchini would be suspended for two weeks and that GE would remove him from the lead responsibilities in the repair facility. On February 12, Renz, Reuter and Doyle met with Biolchini and presented him with a disciplinary letter which discussed both the outcome of the sexual harassment investigation and Biolchini’s shortcomings as a leader of the repair facility. Biolchini objected to the investigatory findings. Doyle and Renz agreed to make one change to the letter because it appeared that Biolchini was not responsible for one of the issues identified in it. Doyle was supposed to reissue the letter, but never did so prior to his own reassignment out of the PSC the next month.

Following Doyle’s reassignment, Reuter became the acting manager of the PSC and reissued the disciplinary letter under his own signature. Reuter’s letter was almost identical to Doyle’s, except that the new letter reduced Biolehini’s suspension from two weeks to one week. The letter stated that his pay would remain at its current level. Biolchini appealed the disciplinary letter to Thomas Rathburn, Manager, Human Resources, who affirmed the decision.

Some of Biolchini’s lost lead responsibilities were assigned to Nelda Greco, age 47. His other responsibilities were distributed among a variety of other PSC employees. After Biolchini returned to a technician position following his suspension, John C. Wade, another PSC employee approximately fifteen years junior in age to Biolchini, was asked to assist in training Biolchini to improve his technical skills to a satisfactory level. In June 1998, it became apparent that Greco could not handle the lead responsibilities, so Wade took over as Lead Technical Specialist and assumed a portion of Biolchini’s former lead responsibilities. Biolchini retained the title of Technical Specialist and kept the same salary.

Biolchini filed charges with the EEOC claiming age discrimination and retaliation in violation of ADEA. The EEOC issued a right to sue letter on both claims and Biolchini filed suit in federal court. On March 25, 1998, Judge Conlon granted summary judgment in favor of GE on both claims. Biolchi-ni appeals only the age discrimination claim.

II. ANALYSIS

Biolchini makes two arguments on appeal. First, he challenges the district court’s decision that he failed to establish a prima facie claim of age discrimination. Second, he argues that the district court erred in finding that GE’s articulated reasons for demoting him were not pretextual.

A. Standard of review.

This court reviews a grant of summary judgment de novo, construing the evidence in the light most favorable to the non-moving party. See Drake v. Minnesota Mining & Mfg. Co., 134 F.3d 878, 883 (7th Cir.1998). Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Salima v. Scherwood South, Inc., 38 F.3d 929, 931 (7th Cir.1994).

B. Prima facie case of age discrimination.

To establish a prima facie case of age discrimination, Biolchini had the burden of proving that: (1) he was in the protected age group; (2) he was performing according to his employer’s legitimate expectations; (3) he suffered an adverse employment action; and (4) similarly situated, substantially younger employees were treated more favorably.

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167 F.3d 1151, 1999 U.S. App. LEXIS 1668, 75 Empl. Prac. Dec. (CCH) 45,740, 79 Fair Empl. Prac. Cas. (BNA) 1402, 1999 WL 52157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerald-h-biolchini-plaintiff-appellant-v-general-electric-company-ca7-1999.