Girish Shah v. NXP Semiconductors USA, Inc.

507 F. App'x 483
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 4, 2012
Docket11-1779
StatusUnpublished
Cited by31 cases

This text of 507 F. App'x 483 (Girish Shah v. NXP Semiconductors USA, Inc.) 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
Girish Shah v. NXP Semiconductors USA, Inc., 507 F. App'x 483 (6th Cir. 2012).

Opinions

BLACK, District Judge.

Girish Shah (“Shah”) appeals the district court’s grant of summary judgment in favor of his former employer, NXP Semiconductors USA, Inc. (“NXP”), on his claims of age and national-origin discrimination. For the following reasons, we AFFIRM the judgment of the district court.

1. BACKGROUND FACTS

Plaintiff-Appellant Girish Shah timely appeals the order of the district court granting summary judgment in favor of Defendant NXP Semiconductors USA, Inc. Shah alleged age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”) (Count I), and the Michigan Elliot-Larsen Civil Rights Act, MCL § 37.2101 et seq. (“EL-CRA”) (Count II), and national-origin discrimination in violation of Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e (Count III);2 and the Michigan ELCRA (Count IV).

NXP designs and sells semiconductors for use in electronic devices, including those used in the automotive industry. NXP’s Automotive Americas Group, which is based in Farmington Hills, Michigan, is responsible for both selling semiconductors and for ensuring their quality (i.e., ensuring that the semiconductors perform as intended). Thus, the Automotive Americas Group has sales and marketing employees and a quality control subgroup. Leland Key is NXP’s Senior Director of Sales and Marketing for the Automotive Americas Group. In this capacity, Key oversees the Automotive Americas Group.

In March 2007, NXP hired Shah as a Field Quality Engineer (“FQE”) within NXP’s Automotive Americas Group. FQEs are responsible for interfacing with NXP’s automotive customers to ensure that NXP’s semiconductors function properly. At the time of his hiring, Shah, who is of Indian descent, was 59 years old. Shah joined four other FQEs who were already working for NXP: Mauricio Acosta, John Henninger, Mike Laituri, and Brad Webber. As an FQE, Shah worked on approximately 20-22 customer accounts.

Until early 2008, FQEs reported to Marty Michaels, NXP’s Quality Manager. When Michaels retired in early 2008, the FQEs began reporting to their respective sales managers: Shah reported to Ken Roberts; the other FQEs reported to other sales managers.

In February 2009, Drue Freeman, NXP’s Global Vice President of Quality & Customer Excellence for the Automotive & Identification business line, asked Key to provide a written analysis of his resources and how Key would handle a potential reduction in force. Key consulted NXP’s written reduction in force (“RIF”) policy, which gives managers discretion to “decide which job functions and job classifications [485]*485are to be affected” based on a combination of factors enumerated in the policy. The policy states that “[i]n the event all of .the [factors] are deemed essentially equal, length of service may be considered.”

Key’s preferred option was to maintain the current headcount, but he determined, that if he had to eliminate one employee, Shah’s position would be selected for elimination. In making this determination, Key testified that he “used the reduction in ' force policy as [his] guideline.” Key testified that he had firsthand knowledge of the' quality of his employees’ work and determined that all five FQEs were about equal in terms of job performance. Thus, according to Key, the decision to eliminate Shah’s position was based on the fact that he had the least seniority among .the five FQEs.

Because Michaels’s retirement in early 2008 created a supervisory void, NXP began interviewing replacements. However, the search was interrupted when NXP’s management instituted a company-wide hiring freeze in June 2008.

In early March 2009, NXP learned that Bob Knoell was let go by another company. Key knew Knoell and was impressed with his credentials and experience. NXP • determined that Knoell was the top candidate to replace Michaels but could not offer him the position due to the hiring freeze that had been implemented in June 2008.

Also in March 2009, Key determined that NXP would benefit from a reorganization of the quality-control subgroup of its Automotive Americas Group. Specifically, Key determined that it would be more efficient for the FQEs to report to. one manager instead of several. (Id.) Key determined that none of the existing FQEs exhibited the necessary leadership abilities and, instead, Knoell would be the best candidate for the newly created position. In his deposition, Key stated:

It was my opinion that by having a Quality Manager in place that we could drive efficiencies in our processes. Bob also was a well-known, I’ll call him expert in my opinion, expert in semiconductor reliability and instrumental in the formation of a number of automotive quality organizations. So he would have been a good acquisition for the team.

Key also stated in an email that he “[saw] this as an opportunity to upgrade our current organization.”

According to Key, he was informed by his manager, Drue Freeman, that he .could not hire Knoell without terminating an existing employee. Pursuant to the análysis performed one month earlier at Freeman’s request, Key determined that Shah’s position would be eliminated because, all other factors being equal, Shah had the least seniority of the five FQEs.

In the same month, Freeman and Key exchanged several email messages. In one, Freeman asked Key if Key could hire Knoell and fire Shah. Key responded:

You read my mind ... [sic] as you know difficult to fire quickly here, need to build a case etc.... My thought is to eliminate the quality control engineer role (Girish’s position), and hire [Knoell] as a regional quality control mgr, (where he would also handle Girish’s accounts directly), so we could then RIF Girish, rather than fire him.

On April 2, 2009, Key emailed Kapps, NXP’s Human Resources Business Partner:

We see an opportunity to upgrade our current organization and would propose the following:. RIF an existing FQE from our Farmington Hills office.... The person in mind has ~ 2 years of service with NXP. Create a new position — Automotive Regional Quality Man[486]*486ager — and hire Bob Knoell for this role.... Bob would provide some regional leadership for the ... quality team ... but would also have some direct account responsibility.

Before terminating Shah, Key consulted with Kapps. The elimination of Shah’s position and the creation of the new management-level position was reviewed and approved by NXP’s Employee Termination Oversight Committee (“ETOC”), a committee charged with reviewing proposed termination decisions to ensure that they comply with NXP’s anti-discrimination and RIF policies. The documentation reviewed by the ETOC contained certain personnel information, including the age and ethnicity of the two FQEs considered for dismissal, Shah and Michael Laituri. The document lists Shah as being Asian and 61.27 years old; it lists Laituri as being White and 42.72 years old.

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