Hollowell v. Michigan Consolidated Gas Co.

18 F. App'x 332
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 24, 2001
DocketNo. 99-1754
StatusPublished
Cited by4 cases

This text of 18 F. App'x 332 (Hollowell v. Michigan Consolidated Gas Co.) 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
Hollowell v. Michigan Consolidated Gas Co., 18 F. App'x 332 (6th Cir. 2001).

Opinion

OPINION

PER CURIAM.

Leon Hollowell appeals the district court’s grant of Michigan Consolidated Gas Company’s motion for summary judgment on his employment discrimination and retaliation claims. Because we find no reversible error, we AFFIRM.

I. BACKGROUND

A. Factual Background

In October 1989, Michigan Consolidated Gas Company (“MiehCon”) hired Hollo-well, an African-American male, as a Project Manager in the Information Systems Department. Hollowell reported to Chris Lydick, a white female. Initially, Hollo-well had a good working relationship with Lydick, and received positive job evaluations from her in 1990 and 1991. In 1992, however, Hollowell alleges that Lydick made derogatory comments about African-Americans and that she treated whites more favorably than minorities.

In September 1992, Lydick gave Hollo-well an Interim Appraisal rating of “meets some expectations.” (J.A. at 457). Hollo-well submitted a rebuttal to this appraisal, contesting Lydiek’s evaluation. In October 1992, as a result of the collapse of a working relationship between Hollowell and Lydick, MiehCon transferred Hollo-well to another department.

After the transfer, Hollowell’s new supervisor was Don Miller, a white male. Miller prepared Hollowell’s final 1992 evaluation and gave him a rating of “meets some expectations.” (J.A at 467). Hollo-well was displeased with this evaluation and, on March 31, 1993, he filed a charge (“Charge One”) with the Equal Employment Opportunity Commission (“EEOC”) alleging discriminatory statement in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the [335]*335Age Discrimination in Employment Act of 1967, §2 et seq., 29 U.S.C. § 621 et seq.

In 1994, MichCon instituted a company-wide leader selection program (“Realignment Program”) designed to lower the number of managerial and supervisory employees. As part of the Realignment Program, MichCon required its managers to solicit nominations from coworkers to maintain their supervisory roles. On August 11, 1994, as a result of the Realignment Program, MichCon reclassified Hollowell from a Project Manager to an Information Technology Specialist. Hollowell contends that MichCon did not inform him that he could self-nominate and that MichCon used the Realignment Program to demote him while retaining less qualified white project managers. Thereafter, Hollowell was assigned to supervisor Gail Parks, an African-American woman. Subsequently, on September 8, 1994, Hollowell filed a second charge with the EEOC (“Charge Two”) alleging that the reclassification through the Realignment Program was based on age and race discrimination, and in retaliation for his filing of Charge One.

In early 1995, MichCon posted an opening for a formal leadership position. Although Hollowell expressed his interest in the position to Parks, she hired a white male for the position. On October 27, 1995, Hollowell filed his third EEOC Charge (“Charge Three”) alleging that MichCon refused to promote him to this formal leadership position in retaliation for filing Charges One and Two. Hollowell contends that a white man with less experience and seniority at MichCon received the position. Charge Three did not allege racial discrimination.

Also in early 1995, MichCon instituted a company-wide assessment program called “JET.” Through JET, MichCon asked its employees to assess themselves in thirty-nine separate categories related to their job performance. The employees’ supervisors would then rate the employees in the same thirty-nine categories. Hollowell assessed himself as completely competent in all thirty-nine categories. Since Parks, Hollowell’s new supervisor, worked with him for only four months prior to the assessment, Parks consulted with Lydick and Miller, Hollowell’s past supervisors, to evaluate Hollowell’s competencies. Parks rated Hollowell as consistently competent in only fourteen of the thirty-nine categories. Hollowell objected to this assessment and wrote a rebuttal contesting Parks’s conclusions.

On several occasions in late 1995 and early 1996, Parks informed Hollowell that pursuant to the JET program employee salary must correlate with employee competencies. On April 15, 1996, Parks informed Hollowell in a memorandum that given his competency rating, MichCon would reduce his salary if he could not establish a developmental plan to acquire and demonstrate additional competencies. On July 26, 1996, Parks informed Hollo-well that if he failed to demonstrate additional competencies, MichCon would reduce his salary in two phases. Since Hollowell did not submit the additional competencies, on October 1, 1996, Mich-Con implemented the first phase of the salary reduction, and on April 1, 1997, MichCon implemented the second phase of the salary reduction.

On October 16, 1996, in response to the first phase of the salary reduction, Hollo-well filed his fourth EEOC charge (“Charge Four”). In this charge, Hollo-well alleged that MichCon reduced his salary in retaliation for his prior filing of Charges One, Two, and Three. Again, Hollowell did not allege racial discrimination in Charge Four.

[336]*336 B. Procedural History

On August 31, 1997, Hollowell brought this employment action against MichCon in Wayne County Circuit Court, Michigan, alleging racial discrimination and retaliation in violation of Title VII, 42 U.S.C. § 2000e et seq., and the ElliotWLarsen Civil Rights Act, Mich. Comp. Laws § 37.2101, et seq. (“Elliotb-Larsen”). MichCon removed the case the United States District Court for the Eastern District of Michigan pursuant to 28 U.S.C. § 1441(b).

On March 26,1999, after the parties had completed discovery, MichCon filed a motion for summary judgment on Hollowell’s claims. On May 28, 1999, the district court entered a memorandum opinion and order granting MichCon’s motion for summary judgment. See Hollowell v. Michigan Consol. Gas Co., 50 F.Supp.2d 695, 702 (E.D.Mich.1999). In granting Mich-Con’s motion, the district court found that Hollowell’s Title VII racial discrimination claims were time barred, and dismissed his Title VII retaliation claims on the merits. See id. at 703-04. The district court also found that Hollowell’s Elliott-Larsen claims arising out of events occurring before August 31, 1994 were barred by the applicable statute of limitations. See id. at 703. The district court then dismissed Hollowell’s remaining Elliott-Larsen racial discrimination and retaliation claims on the merits. See id. at 704-05. Subsequently, on June 17, 1999, Hollowell filed a timely notice of appeal from the district court’s judgment.

II. STANDARD OF REVIEW

This Court reviews a district court’s grant of summary judgment under a de novo standard. See Redding v. St. Eward, 241 F.3d 530, 532 (6th Cir.2001).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Harrison v. Wellpath
E.D. Michigan, 2024
Power Tools & Supply, Inc. v. Cooper Power Tools, Inc.
543 F. Supp. 2d 749 (E.D. Michigan, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
18 F. App'x 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollowell-v-michigan-consolidated-gas-co-ca6-2001.