Kenneth JANIUK, Plaintiff-Appellant, v. TCG/TRUMP COMPANY, Formerly Known as the Trump Company, Defendant-Appellee

157 F.3d 504
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 8, 1998
Docket97-3262
StatusPublished
Cited by13 cases

This text of 157 F.3d 504 (Kenneth JANIUK, Plaintiff-Appellant, v. TCG/TRUMP COMPANY, Formerly Known as the Trump 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
Kenneth JANIUK, Plaintiff-Appellant, v. TCG/TRUMP COMPANY, Formerly Known as the Trump Company, Defendant-Appellee, 157 F.3d 504 (7th Cir. 1998).

Opinions

ILANA DIAMOND ROVNER, Circuit Judge.

After his discharge from The Trump Company, Kenneth Janiuk sued his former employer under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq., alleging that his termination was the result of unlawful age discrimination. The district court granted Trump’s motion for summary judgment, finding that Janiuk had failed to come forward with evidence from which a reasonable jury could conclude that Trump had treated younger employees more favorably than Janiuk, or that Trump’s stated reason for Janiuk’s discharge was a pretext for age discrimination. Janiuk challenges those determinations here, and after careful consideration of the record, we agree with Janiuk that summary judgment was improper. We therefore reverse the district court’s judgment for Trump and remand for a trial.

I.

Because the district court resolved this case on summary judgment, we describe the factual record in the light most favorable to Janiuk. See Jones v. Webb, 45 F.3d 178, 180 n. 1 (7th Cir.1995). At the time of the relevant events, Trump was engaged in the food brokerage business, meaning that it contracted with food product manufacturers to distribute their products to various customers, including retail outlets.1 Trump maintained a sales department to service these retail outlets, and that department was divided into four divisions. The two divisions relevant here are those that serviced independent retail outlets and chain retail outlets. At the time of his termination, Janiuk was the sales manager for the independent outlet division, which meant that he was in charge of managing Trump’s sales to independent retail outlets. As sales manager, Janiuk supervised sales representatives assigned to the independent outlet division, as well as that division’s three area managers. Jean Bodart, who was approximately two years older than Janiuk, served as the sales manager for Trump’s chain outlet division, and [506]*506she had responsibilities similar to those of Janiuk, but with respect to chain retail outlets. Both Janiuk and Bodart were supervised by Robert Prater, the vice president of. Trump’s retail sales operations.

In January .1995,- Trump lost one of its largest accounts, Van den Bergh Foods, as well as two smaller accounts. The Van den Bergh Foods account, which had been serviced by both the independent and chain divisions, had generated approximately eight percent of Trump’s annual revenue. In response to the loss of these accounts, Trump’s five shareholders concluded that the company had to reduce its .operating expenses. The shareholders ultimately decided upon three ways for it to do so: (1) by cutting their own salaries ten percent, (2) by not replacing two employees who recently had resigned, and (3) by eliminating five existing employees. Janiuk was one of the five selected for termination. He was forty-five years old at the time and was the highest ranking employee among the five. The others were Al Cieminski, a fifty-five-year-old account manager, Todd Glasscock, a fifty-four-year-old account manager, Joe Rozum, a twenty-eight-year-old sales representative, and Colleen White, a twenty-nine-year-old administrative assistant. Less than a week after implementation of this reduction-inforce (“RIF”), however, Trump rehired Rozum to a part-time position, and within another two weeks to a full-time position as a convenience store sales representative.

Trump maintains that in choosing to terminate Janiuk, it decided to do without a sales manager for its independent outlet division. One of its other sales divisions also operated without a sales manager. Thus, according to Trump, the company selected Janiuk’s. position for elimination, rather than Janiuk himself. In the view of Trump’s five shareholders, elimination of Janiuk’s position would least disrupt the company’s ongoing operations because the responsibilities of the sales manager position could be divided amongst other employees.

Yet Janiuk believes that his former position was not eliminated, but that he effectively was replaced in that position by Steve Kalk, one of the three area managers he had supervised.2 To support that theory, Janiuk relies on an organizational chart of the independent outlet division’s sales force which indicates that Kalk became the division’s sales manager after Janiuk’s termination. That chart, which the parties refer to as the “Kalk chart,” came into existence only days after Janiuk’s February 28,1995 termination. The organizational chart that preceded it showed Janiuk as the division’s sales manager and Kalk as an area manager. It is undisputed that Trump regularly created and maintained such organizational charts for its various sales divisions. The charts were created by employees of Trump’s marketing department at the direction of Trump management, and the company used the charts both for internal purposes and for external sales presentations. The record reveals that Trump used the Kalk chart, like its other organizational charts, in both ways. Prater, for example, showed the Kalk chart to Kalk himself shortly after Janiuk’s termination, apparently for the purpose of explaining to Kalk some of his new responsibilities in the wake of Janiuk’s dismissal. Prater also displayed the Kalk chart on an overhead projector to Trump’s entire retail sales staff during a March 3, 1995 sales meeting. Furthermore, Trump employees, including two of its shareholders, used the chart in at least one sales presentation — to Reynolds Aluminum, a potential Trump client.

Trump argued below that the Kalk chart does not create a factual issue on summary judgment because the record reveals that the chart was incorrect in indicating that Kalk had assumed Janiuk’s former position as sales manager. According to Trump, the record demonstrates that Prater ordered the chart corrected shortly after he noticed the mistake. The district court accepted that explanation in granting summary judgment for Trump, observing that “all of the competent testimony establishes that the Kalk chart was incorrect.” (R. 29, at 8.) The court therefore found that Janiuk had failed to make out a prima facie case of discrimination because he had not shown that similarly-situated, younger employees were treated [507]*507more favorably in the RIF. The court alternatively found that even if a prima facie case had been shown, Janiuk had failed to raise any doubts about Trump’s stated reason for his termination.

Janiuk challenges both findings in this appeal, arguing that the summary judgment record raises disputed issues of material fact as to whether similarly-situated, younger employees received more favorable treatment, and as to whether Trump’s stated reason for Janiuk’s termination was pretextual. Our review of the district court’s summary judgment decision is de novo. Leffel v. Valley Fin. Serv., 113 F.3d 787, 791-92 (7th Cir.), cert. denied, — U.S. -, 118 S.Ct. 416, 139 L.Ed.2d 318 (1997). At this stage of the proceeding, we must view the record in the light most favorable to Janiuk and draw all reasonable inferences from the evidence in his favor. Veprinsky v. Fluor Daniel, Inc., 87 F.3d 881, 893 (7th Cir.1996).

II.

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Bluebook (online)
157 F.3d 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenneth-janiuk-plaintiff-appellant-v-tcgtrump-company-formerly-known-ca7-1998.