Koval v. Dow Jones & Co.

86 F. App'x 61
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 6, 2004
DocketNo. 02-3620
StatusPublished
Cited by2 cases

This text of 86 F. App'x 61 (Koval v. Dow Jones & 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
Koval v. Dow Jones & Co., 86 F. App'x 61 (6th Cir. 2004).

Opinion

GIBBONS, Circuit Judge.

Plaintiff-appellant Lawrence Koval, a white male, worked at defendant-appellee Dow Jones & Co. (“Dow Jones”) for twenty-one years, beginning in 1978. In 1994, Koval sought promotion to a position created after a restructuring of the company, but a younger minority female obtained the post. The company underwent restructuring again in 1999, after which Dow Jones released Koval from employment. Koval subsequently filed suit against Dow Jones and several of its executives in Ohio state court alleging that, by refusing to promote Koval and by ultimately terminating his employment, defendants engaged in age and race discrimination in violation of Ohio state law and wrongfully discharged him in violation of Ohio common law. Koval also presented a promissory estoppel claim, arguing that he detrimentally relied on representations made by defendants concerning his employment. Defendants filed a motion for summary judgment on all of Koval’s claims, which was granted by the district court. For the following reasons, we affirm the judgment of the district court.

I.

Dow Jones & Co. is a newspaper and information services company with more than 8,000 employees. The publication for which it is most well known is the Wall Street Journal.

Koval, a resident of Ohio, began working for Dow Jones in 1978 as a part-time lead carrier, which involved delivering the Wall Street Journal in and around Cleveland, Ohio. In 1979, Dow Jones transferred Koval to its National Distribution Service (“NDS”), a subsidiary of Dow Jones dedicated to managing the morning delivery of the Wall Street Journal. NDS was separate from Dow Jones’s Circulation Services Department (“CSD”), which was responsible for mail deliveries and single copy sales of the Wall Street Journal at newsstands. Koval initially worked as a field operations manager in NDS and re[63]*63ported to defendant-appellee Michael Marvaso. As field operations manager. Koval was responsible for managing morning delivery operations that were supplied by a particular printing plant. In 1980. Koval was promoted within NDS to the position of regional operations manager for Dow Jones’s Midwest region, which involved overseeing morning delivery operations for that entire region.

Koval continued as regional operations manager in NDS until 1991, when NDS forfeited its subsidiary status and merged into Dow Jones. As a result of the merger, NDS’s operations were assumed by Dow Jones’s CSD. After the merger, Koval became one of six senior circulation mangers in CSD. Though he was the senior circulation manager for only the eastern portion of Dow Jones’s Midwest region, a geographical unit smaller than that for which he was the regional operations manager prior to the merger, his responsibilities increased. These responsibilities included managing the delivery of the Wall Street Journal through the mails in addition to managing morning delivery services. Koval also became responsible for managing the staff within the Dow Jones printing plants in his sector of the Midwest and for overseeing the transportation system that distributed newspapers to post offices, wholesalers, carriers, and newsstands in that sector.

In 1994, CSD was reorganized and renamed Circulation Field Operations (“CFO”). As a result of this reorganization. CFO assumed responsibility for educational sales and marketing in addition to the delivery and distribution operations formerly controlled by CSD. In other words, while CSD has been concerned primarily with delivery and distribution, CFO would involve both delivery and sales operations. CFO was divided into five geographic regions, which were further subdivided into sixteen markets. Each region was controlled by a Regional Circulation Executive (“RCE”), while each market was managed by a Circulation Market Manager (“CMM”). Koval wanted to be appointed RCE for the entire Midwest region, but Dow Jones promoted Regina HowardGlaspie — who had been senior circulation manager for the western portion of Dow Jones’s Midwest region prior to reorganization — to that position. Howard-Glaspie is an African-American female who is younger than Koval. Rather than obtaining the RCE position, Koval became the CMM for CFO’s Cleveland-Pittsburgh-Buffalo market, which — in addition to managing delivery operations — entailed managing sales representatives who attempted to increase the sales of Dow Jones services and publications to educational institutions in the market.

In 1998, Dow Jones underwent another round of reorganization.1 To streamline operations, Dow Jones consolidated eight of the CFO markets into four markets. In each of these consolidated markets, only one CMM was needed, which resulted in the elimination of four CMM positions. Coupled with consolidation, Dow Jones also divested CMMs of them sales responsibilities. A new CMM/Sales position was created in each region to manage all sales operations within each region’s sub-component markets.

As a result of the reorganization. CFO’s Cleveland-Pittsburgh-Buffalo market — the market for which Koval was CMM — combined with its Michigan-Ohio market. Only one CMM was required for the consolidated market. In 1999, Dow Jones named the CMM of the Michigan-[64]*64Ohio market — Robert Jackson, an African-American male younger than Koval — rather than Koval as the CMM for the newly consolidated Michigan-Ohio-Cleveland-Pittsburgh-Buffalo market. Dow Jones did not assign Koval to another position and released him from employment in 1999. At the time, Koval was 46 years old.

On September 3, 1999, Koval filed suit against Dow Jones and several Dow Jones executives2 in the Court of Common Pleas of Cuyahoga County, Ohio. Koval alleged that, in promoting Howard-Glaspie to RCE in 1994 instead of him and in retaining Jackson for the CMM position in 1999 instead of him, defendants violated Ohio Rev.Code §§ 4112.14 & .99, which prohibit employers from discriminating on the basis of, inter alia, race and age.3 Koval also alleged that his discharge by Dow Jones constitutes a wrongful discharge against public policy in violation of Ohio common law, and he further asserted a claim for promissory estoppel on the basis that defendants made representations to him, upon which he detrimentally relied, concerning his job security. As redress for these alleged violations of law, Koval seeks $500,000 in compensatory damages and $1,000,000 in punitive damages, in addition to certain declaratory and injunctive relief. On October 7, 1999, defendants removed Koval’s suit to the United States District Court for the Northern District of Ohio pursuant to 28 U.S.C. § 1441 on the basis of diversity jurisdiction.4

Defendants filed a motion for summary judgment on November 13, 2000. The court referred the motion to a magistrate judge for report and recommendation. In a report submitted on July 13, 2001, the magistrate determined that Koval did not provide any direct evidence of either age or race discrimination. The magistrate also found that Koval did not provide sufficient evidence to support a prima facie case of race discrimination under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
86 F. App'x 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koval-v-dow-jones-co-ca6-2004.