Jones v. Eaton Corporation

42 F. App'x 201
CourtCourt of Appeals for the Tenth Circuit
DecidedJune 24, 2002
Docket00-3400
StatusUnpublished
Cited by2 cases

This text of 42 F. App'x 201 (Jones v. Eaton Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Eaton Corporation, 42 F. App'x 201 (10th Cir. 2002).

Opinion

ORDER AND JUDGMENT **

STAGG, District Judge.

Due to the events of September 11, 2001, the parties were not able to present oral arguments as scheduled. The panel has determined unanimously to grant the parties’ motion for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument.

*202 Gene A. Jones (“Jones”) appeals from the district court’s grant of summary judgment in favor of his employer, Eaton Corporation (“Eaton”). Jones challenges the district court’s decision on his claims of race and age discrimination in violation of Title VII, the Age Discrimination in Employment Act (“the ADEA”) and 42 U.S.C. § 1981. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we AFFIRM.

Jones is a 56 year old black male who applied for a promotion with Eaton when a position as a first shift production supervisor became available. Four applications were received for the job and Jones was the only minority applicant. After a review of the submissions by the applicants, including their resumes, cover letters, a four-page questionnaire, and after an interview with Matt Haefner, a human resources representative, and Ken Ratzlaff, the product supervisor for the gear pumps area, a 32 year old, white male was selected for the position.

Jones sued Eaton for race and age discrimination. The district court granted summary judgment in favor of Eaton on all of Jones’s claims. Relevant to this appeal, the district court concluded that Jones’s race discrimination claim failed because he did not establish that Eaton’s reasons for failing to promote him were pretextual.

I. BACKGROUND

Jones is a black male who was born on January 28,1944. Jones began working as a janitor for Eaton’s predecessor, Cessna Aircraft, on November 17, 1965, at its manufacturing facility. Within a year after he was hired at Cessna, Jones became a machine operator, working on various machines until September 3,1979, when he was selected for promotion to first shift section foreman in the cylinders area. As section foreman, Jones was responsible for overseeing other machine operators and monitoring production equipment in a designated section of the cylinders area.

In 1980, Cessna underwent a workforce reduction and reorganization and, as a result, Jones was transferred to a second shift section foreman position in the valves area of the plant. Cessna underwent another reduction in force in 1982, which resulted in the elimination of several section foreman positions and on March 1, 1982, Jones was displaced from his section foreman job by an employee with greater seniority. Jones thus resumed working as a machine operator on the first shift.

On January 10, 1983, Jones returned to a section foreman position on the second shift in the valves area. Shortly thereafter, Jones learned that a section foreman on the first shift had announced his retirement. After a brief mixup regarding seniority, Jones was placed in the position of first shift section foreman in valves in February of 1983. Shortly thereafter, however, Jones’s first shift section foreman job was eliminated and he again was placed on the second shift as a section foreman in the valves area. During his next performance appraisal in November 1984, Jones’s job performance as a section foreman was rated as “unsatisfactory” and he was not awarded a merit increase. Less than three months later, Jones stepped down from his section foreman job and returned to the first shift as a machine operator.

In 1986, General Dynamics acquired the plant from Cessna and Eaton purchased the plant from General Dynamics in June 1988. Shortly thereafter, Eaton announced that all new supervisors would be required to have college degrees. Jones had received an associate degree in business/accounting but did not have a four-year college degree. In light of Eaton’s *203 new requirement and upon receiving encouragement from Eaton’s human resource representative and the plant’s general manager, Jones obtained a bachelor of science degree in 1991, majoring in vocational technical education. According to Jones, he subsequently applied for several positions at the plant, including a manufacturing engineering job, a buyer position, and two different production supervisor jobs in the medium duty and cylinders areas. Jones was not selected for any of these positions.

In early 1998, Eaton posted a notice of an opening for a first shift production supervisor in the gear pumps area. The notice stated that the production supervisor would be “responsible for setting and meeting goals within the specific department, assisting in meeting product line and plant goals, and for all phases of production within the specific department.” Appellant’s Appendix — Volume 1 at 425. The notice also indicated that a bachelor’s degree in engineering, business, or a “related field” was required for the position and that supervisory experience was preferred. See id. In addition to the basic job requirements listed on the notice, Eaton was seeking the following specialized knowledge in a production supervisor:

Must have an understanding of the appropriate manufacturing process. Needs to understand and utilize manufacturing techniques.
Management, leadership and human relations skills are needed to manage a complex manufacturing department. Need to understand company policies and have the skills to administer them. Communication skills: verbal, written and listening.

Appellant’s Appendix — Volume 1 at 425. The job description, which had been prepared in August of 1996, long before the litigation began, also stated that production supervisors are responsible for supervising production machine operators, testers, assemblers/builders and material handlers/ear loaders. See id. at 424. Production supervisors, however, are not responsible for operating any machinery, as the collective bargaining agreement forbids supervisors from performing bargaining unit work such as operating machinery.

Jones submitted a cover letter and resume to human resources representative Matt Haefner regarding the production supervisor position. There were three other internal candidates for the production supervisor job: Larry Garner, Steve Frank and Kevin Moore. Jones was the only member of a minority among the four job candidates. All of the candidates were asked to complete a four-page questionnaire prior to their interviews. The preamble to the questionnaire contained the following instructions: “Please fill out the following open-ended questionnaire in black ink (no typing) and return to Matt Haefner in Human Resources by Friday, February 20, 1998 at 5:00 P.M. Use extra paper if necessary.” Appellant’s Appendix-Volume 1 at 117,161, 400-01 and 445. Jones did not begin working on his questionnaire until February 20, after being reminded that his responses were due that day.

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Bluebook (online)
42 F. App'x 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-eaton-corporation-ca10-2002.