John D. Baucom, Jr. v. Holiday Companies Holiday Stationstores, Inc.

428 F.3d 764, 17 Am. Disabilities Cas. (BNA) 491, 2005 U.S. App. LEXIS 24332, 87 Empl. Prac. Dec. (CCH) 42,246, 2005 WL 3005490
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 10, 2005
Docket05-1393
StatusPublished
Cited by35 cases

This text of 428 F.3d 764 (John D. Baucom, Jr. v. Holiday Companies Holiday Stationstores, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John D. Baucom, Jr. v. Holiday Companies Holiday Stationstores, Inc., 428 F.3d 764, 17 Am. Disabilities Cas. (BNA) 491, 2005 U.S. App. LEXIS 24332, 87 Empl. Prac. Dec. (CCH) 42,246, 2005 WL 3005490 (8th Cir. 2005).

Opinions

RILEY, Circuit Judge.

John D. Baucom, Jr. (Baucom), sued his employer, Holiday Companies and Holiday Stationstores, Inc. (Holiday), for discrimination, retaliation, and hostile work environment under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112(a), the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623(a)(1), and the equivalent Minnesota statute, the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363A.08, subd. 2(c). The district court1 granted Holiday’s motion for summary judgment, and Baucom appeals the decision except with regard to his hostile work environment claim. Because Baucom failed to show his slight reduction in hours, his negative performance reviews, and his allegations of being treated differently than younger employees amounted to adverse employment actions as a matter of law, we affirm the district court.

I. BACKGROUND

The facts relevant to this appeal are as follows.2 Baucom, a 68-year-old man who suffers from chronic back and heart problems, is an assistant manager at a convenience store owned by Holiday. Baucom alleges his store manager, at the direction of Holiday’s district manager, cut Bau-com’s working hours in 2002 from his regular 43-45 hours per week range. The district manager allegedly told the store manager Baucom’s age and health were a hindrance, and the store manager should reduce Baucom’s hours in order to force Baucom to quit. Baucom complained about his hours upon returning from a vacation in October 2002, and Holiday temporarily restored his hours in November 2002. Baucom alleges his hours again were reduced throughout 2003 to “consistently ... less than 40 hours per week.”

In late 2002 and early 2003, Baucom’s store manager called Baucom a slow old [766]*766man and said his grandmother could move faster and she has been dead for over seven years. Baucom overheard his store manager telling other employees, because of Baucom’s age and disability, he wanted to find a way to make Baucom quit. The store manager changed Baucom’s schedule from working mornings with Sundays off to working evenings and weekends. The store manager also sent Baucom an e-mail message criticizing his performance.

On May 5, 2003, Baucom filed a charge of discrimination with the Equal Employment Opportunity Commission and the Minnesota Department of Human Rights alleging age and disability discrimination. Four days later, Holiday gave Baucom four corrective action notices for events from earlier dates in 2003. Holiday also informed Baucom he had failed a “tobacco sting” when he neglected to request identification from a young person purchasing tobacco, and as a result, Baucom had to undergo remedial training. Baucom alleges the district manager often had telephoned other employees to warn them of impending sting operations. In August 2003, Holiday gave Baucom another corrective action notice for failing to provide adequate documentation for medically related work absences. Baucom alleges he had provided adequate notice.

On October 13, 2003, Baucom served Holiday with his complaint initiating this lawsuit. In November 2003, Baucom’s store manager reviewed Baucom’s performance and rated him “below standard.” Following additional training, the store manager noted improvement and granted Baucom a pay raise. Baucom remains in Holiday’s employ.

II. DISCUSSION

Our standard for reviewing a district court’s grant of summary judgment is a familiar one. We review a district court’s grant of summary judgment de novo, applying the same standards as the district court. McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 510 (8th Cir.1995). We will affirm the summary judgment if the evidence, viewed in the fight most favorable to Baucom, demonstrates there is no genuine issue as to any material fact and Holiday is entitled to judgment as a matter of law. Id. There is no genuine issue of material fact if the evidence is such that a reasonable jury could not return a verdict for Baucom. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Baucom may not rely on “mere allegations,” but “must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e). Furthermore, summary judgment must be entered against Baucom if he “fails to make a showing sufficient to establish the existence of an element essential to [his] case, and on which [he] bear[s] the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Without direct evidence of discrimination, ADA, ADEA, and MHRA claims are evaluated under the McDonnell Douglas burden shifting framework. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Chambers v. Metro. Prop. & Cas. Ins. Co., 351 F.3d 848, 855 (8th Cir.2003); Longen v. Waterous Co., 347 F.3d 685, 688 (8th Cir.2003). Under this framework, the employee bears the initial burden of establishing a prima facie case of discrimination. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. The burden then shifts to the employer to articulate some legitimate, nondiscriminatory reason for the employer’s actions. Id. If the employer articulates such a reason, the burden returns to the employee to show the employer’s justi[767]*767fication is a pretext. Id. at 804, 93 S.Ct. 1817.

Under the ADA, ADEA, and MHRA, a necessary element of establishing a prima facie case of discrimination is setting forth facts demonstrating the employee suffered an adverse employment action. Chambers, 351 F.3d at 855; Longen, 347 F.3d at 688. An employee suffers an adverse employment action when there is a “tangible change in duties or working conditions” constituting “a- material employment disadvantage.” Burchett v. Target Corp., 340 F.3d 510, 518 (8th Cir.2003) (citation omitted). Our decision in Kerns v. Capital Graphics, Inc., 178 F.3d 1011, 1016-17 (8th Cir.1999), provides:

The adverse employment action must be one that produces a material employment disadvantage. Termination, cuts in pay or benefits, and changes that affect an employee’s future career prospects are significant enough to meet the standard, as would circumstances amounting to a constructive discharge.

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Bluebook (online)
428 F.3d 764, 17 Am. Disabilities Cas. (BNA) 491, 2005 U.S. App. LEXIS 24332, 87 Empl. Prac. Dec. (CCH) 42,246, 2005 WL 3005490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-d-baucom-jr-v-holiday-companies-holiday-stationstores-inc-ca8-2005.