Linda Green v. Township of Addison

612 F. App'x 830
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 27, 2015
Docket14-1607
StatusUnpublished

This text of 612 F. App'x 830 (Linda Green v. Township of Addison) 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
Linda Green v. Township of Addison, 612 F. App'x 830 (6th Cir. 2015).

Opinion

COOK, Circuit Judge.

Linda Green, the former office manager for the Addison Township Fire Department, alleges that the township fired her because of her age. . The fire chief and township (collectively, “the township”) maintain that economic necessity, not unlawful discrimination, prompted Green’s termination. The district court granted summary judgment to the defendants, and Green now appeals. We AFFIRM.

I.

In 1999, the township hired Green as a clerk in its fire department. Over the next ten years, Green received uniformly positive performance reviews, resulting in numerous raises and two promotions — first to administrative assistant, then to office manager. Throughout this time, Green served as the fire department’s sole clerical employee.

In early 2010, Addison Township Fire Chief Jerry Morawski, in consultation with the township’s assessor and treasurer, began budget projections' for the coming year. Addison Township funds its fire department through taxes on the township’s property values, which dropped over $50 million from 2008 to 2010. In turn, the fire department’s property-tax revenues fell from $719,899.04 in 2008, to $666,999.27 in 2010, to $629,588.72 in 2011. While the department’s resources steadily declined, the township’s demand for fire- and-rescue services increased, resulting in forty more rescue calls in 2010 than in 2008.

To address these concerns, Chief Mo-rawski decided to eliminate Green’s clerical position and create a hybrid “firefighter/EMT/office manager” position. Chief Morawski expected the firefighter/EMT/office manager to perform the department’s clerical tasks and to go on daytime fire-and-rescue runs. As' such, the hybrid position required applicants to possess Michigan Fire Fighter’s Training Council Firefighter II certification and Michigan EMT-B certification.

After the fire and township boards approved the hybrid position, Chief Moraw-ski offered it to Green, then fifty-five years old. Though Green lacked Firefighter II training and EMT-B certification, Chief Morawski offered to send Green to the requisite training programs using township funds. Before underwriting Green’s training, Chief Morawski required successful completion of the seven-stage North Oakland Agility Test. Chief Morawski required all novice firefighter candidates— employment candidates who had not received Firefighter I and II training and EMT-B certification — to pass this test. He believed that a candidate who failed the test would, likewise fail to complete Firefighter I and II training, wasting the township’s tuition money.

Receiving less than two weeks’ notice of the agility-test requirement, Green spent a few hours training with Addison Township firefighters. On testing day, she attempted the “simulated rescue” exercise, in which test-takers carry a 120-pound dummy up and down a flight of stairs. Green quit the simulated rescue after two minutes, never reaching the top of the stairs. Because the agility test requires successful completion of all seven exercises, Green immediately failed. Chief Morawski terminated her three days later.

*832 Chief Morawski subsequently posted the hybrid firefighter/EMT/office manager position on the fire department’s job board. He hired twenty-nine-year-old Angela Haines, a Firefighter-II- and EMT-B-certified firefighter with some clerical experience. Haines, who had worked as a part-time, on-call firefighter in the township for four years, never took the North Oakland Agility Test.

Green sued Addison Township and Chief Morawski, alleging age discrimination in violation of the federal Age Discrimination in Employment Act and the Michigan Elliot — Larsen Civil Rights Act, as well as a failure-to-train claim- under 42 U.S.C. § 1983 and Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). The district court granted summary judgment to the defendants, finding that Green did not establish a prima facie case and did not show that the township’s justification for her' termination was pretextual. Green timely appeals.

II.

We review the district court’s grant of summary judgment de novo. Scheick v. Tecumseh Pub. Sch., 766 F.3d 523, 528 (6th Cir.2014). We construe all inferences in the nonmoving party’s favor, Fuhr v. Hazel Park Sch. Dist., 710 F.3d 668, 673 (6th Cir.2013), upholding the grant of summary judgment if there is no genuine dispute as to any material fact such that the defendants are entitled to judgment as a matter of law, Fed.R.Civ.P. 56(a); Scheick, 766 F.3d at 529.

III.

On appeal, Green attacks the district court’s determination that she did not establish a prima facie case for age discrimination. She also asserts that the district court erred in finding that the township offered a legitimate, non-pretextual reason for eliminating her position and terminating her. Even if we assume that Green established a prima facie case, she has not shown that the township’s reason for terminating her — economic necessity — served as a pretext for discrimination.

Green need only identify a genuine dispute of fact regarding the legitimacy of the township’s stated justification to withstand summary judgment. See Wheat v. Fifth Third Bank, 785 F.3d 230, 240 (6th Cir. 2015). Green attempts to do this in two ways: by arguing that the township’s justification — economic necessity — had no basis in fact and that it did not motivate the township’s conduct. See Pierson v. Quad/Graphics Printing Corp., 749 F.3d 530, 539 (6th Cir.2014). To prove the township’s economic-necessity justification had no basis in fact, Green must show that the township did not honestly believe in it, i.e., that the township did not believe it needed to reduce payroll and consolidate positions. See Allen v. Highlands Hosp. Corp., 545 F.3d 387, 398 (6th Cir.2008). To show that economic necessity did not actually motivate the township, Green must identify circumstances that question the veracity of the economic-necessity justification. She must establish “that the sheer weight of the circumstantial evidence of discrimination makes it more likely than not that the employer’s explanation is a pretext, or coverup.” Id. at 396 (internal quotation hiarks omitted). Under either method, Green fails to show pretext.

Green first argues that the township suffered no economic hardship at the time of her termination, rendering its economic-necessity justification baseless.

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Related

Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Geraldine Fuhr v. Hazel Park School District
710 F.3d 668 (Sixth Circuit, 2013)
Allen v. Highlands Hospital Corp.
545 F.3d 387 (Sixth Circuit, 2008)
Michael v. Caterpillar Financial Services Corp.
496 F.3d 584 (Sixth Circuit, 2007)
Phuong v. National Academy of Sciences
927 F. Supp. 487 (District of Columbia, 1996)
James Pierson v. Quad/Graphics Printing Corp.
749 F.3d 530 (Sixth Circuit, 2014)
Robert Scheick v. Tecumseh Public Schools
766 F.3d 523 (Sixth Circuit, 2014)
Terry Tilley v. Kalamazoo County Road Comm'n
777 F.3d 303 (Sixth Circuit, 2015)
Curtis Wheat v. Fifth Third Bank
785 F.3d 230 (Sixth Circuit, 2015)

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Bluebook (online)
612 F. App'x 830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linda-green-v-township-of-addison-ca6-2015.