Lopez v. American Family Insurance

161 F. Supp. 3d 570, 2014 U.S. Dist. LEXIS 188292, 2014 WL 11515850
CourtDistrict Court, N.D. Ohio
DecidedMarch 31, 2014
DocketCase No.: 1:12 CV 2229
StatusPublished

This text of 161 F. Supp. 3d 570 (Lopez v. American Family Insurance) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lopez v. American Family Insurance, 161 F. Supp. 3d 570, 2014 U.S. Dist. LEXIS 188292, 2014 WL 11515850 (N.D. Ohio 2014).

Opinion

■ORDER

SOLOMON OLIVER, JR., CHIEF JUDGE UNITED STATES DISTRICT COURT

Currently pending before the court in the above-captioned case between Plaintiff Nelida Lopez (“Lopez” or “Plaintiff’) and Defendant American Family Mutual Insurance Company, Defendant American Family Life Insurance Company, and Defendant American Standard Insurance Company of Wisconsin (collectively, “American Family” or “Defendants”) is Defendants’ Motion for Summary Judgment (ECF No. 27). For the following reasons, the court grants Defendants’ Motion for Summary Judgment (ECF No. 27).

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background

On or about September 16, 2010, Lopez filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”). (Compl. at 28, ECF No. 1.) After receiving a notice of right to sue from the Equal Employment Opportunity Commission (“EEOC”), Plaintiff filed the instant Complaint (ECF No. 1). In her Complaint, Plaintiff pleads: (1) a Title VII claim, alleging race discrimination; (2) race discrimination under Ohio law; (3) an Age Discrimination in Employment Act (“ADEA”) claim; (4) age discrimination under Ohio Law; (5) breach of Ohio Public Policy; and (6) intentional infliction of emotional distress under Ohio law. On May 22, 2013, Defendants filed this Motion for Summary Judgment (ECF No. 27) on all of Plaintiffs claims.

B. Factual Background

1. Employment History of Lopez and Realignment Process

This case arises from Plaintiffs employment relationship with American Family, [574]*574an insurance company that entered the Ohio market in 1995. (PL’s Mot. in Opp’n at 1, ECF No. 35.). Plaintiff worked as an employee of American Family in the position of District Manager from 2006 until she was terminated in March of 2010. ( Lopez Dep. at 11, 49.) Prior to becoming an employee of American Family, Plaintiff was an independent agent of the company from 2001, until she was promoted to District Manager in'2006. (Id. at 11.)

In January or February of 2009, Plaintiff was told by American Family that there would be a realignment and as a result fewer district manager positions would be available. (Id. at 50-51.) American Family informed its Ohio District Managers, including Plaintiff that it intended to implement an Reduction in Force (“RIF”) to reduce the number of Ohio district managers from thirteen to eight or nine’ (Id. at 57-58; Jackson Dep. at 67.) As part of this RIF, American Family implemented an interview process to determine which District Managers would retain a district manager position after the realignment and gave all Ohio District Managers an opportunity to participate in the interview process. (Lopez Dep. at 73, 82-83; Jackson Dep. at 77.) Those District Managers who chose to opt out of the interview process were given the opportunity to pursue agency opportunities or other available employment opportunities with American Family. (Lopez Dep. at 73-74.) The District Managers who chose to participate in the interview process, including Plaintiff, were told that the individuals not selected for the restructured positions would be given until March 31, 2010 to find other opportunities with American Family at which time their employment would be severed. (Id. at 74-76.) Two District Managers chose to opt out of the interview process leaving Plaintiff as one of eleven potential candidates for the restructured district manager positions. (Id. at 79-80; Steffen Dep. at 71; Jackson Dep. at 78.)

The selection process for the restructured district manager positions did not focus on past performance. Instead, it focused on the candidates’ interview performance, including their business plans for the future. (Lacey Dep. at 39, 42; Steffen Dep. at 61, 65; Jackson Dep. at 85-87.) An interview template was developed to ensure consistency in the interview process and each candidate was asked the same behavior-based questions and was required to make a presentation of his or her business plan. (Jackson Dep. at 75, 81-83, 91, 94-95; Lopez Dep. at 83, 85, 89.) While Plaintiff, a Hispanic, was the only racial minority to interview for one of the restructured positions, she admits that she received the same instructions and opportunity to interview as all other candidates. (Steffen Dep. at 69-70; Jackson Dep. at 110; Lopez Dep. at 82-83, 89.) Both interviewers, La Tunja Jackson (“Ms. Jackson”) and Deborah Lacey (“Ms. Lacey”), used a standardized scoring process, discussed each applicant, and reached a consensus prior to any reporting to ensure consistency. (Jackson Dep. at 84-85, 128; Lacey Dep. at 56.) Lopez scored the lowest of all District Managers during the interview process. (Jackson Dep. at 107-08, Ex. 6.) As a result, neither Lopez nor Stephen Graham (“Mr. Graham”), the candidate with the second lowest score, were selected for the restructured district manager positions. (Lopez Dep. at 165-66; Jackson Dep. at 108,131, Ex. 6.)

2. Plaintiffs Qualifications for District Manager Position

Plaintiff was a well-performing agent which led to her promotion to District Manager in 2006. (Jackson Dep. at 45-47.) As District Manager, Plaintiff received the highest annual bonus of all the district managers for 2009. (Steffen Dep. at 64.) Additionally, Plainiff had the second most profitable district for 2009 of all the dis[575]*575trict managers that interviewed for the restructured district manager positions. (Jackson Dep. Ex. 18,19.)

3. Agency Opportunities

After not being selected for a restructured district manager position, Mr. Graham was offered and accepted a position as an agent for American Family in Columbus, Ohio. (Lopez Dep. at 166, Jackson Dep. at 132-33.) Similarly, Plaintiff was offered a position as an agent at the end of February 2010 to take over the agency of Hans Hansen. (Lopez Dep. At 116-18, 132-33; Steffen Dep. at 85; Jackson Dep. at 140, 149.) However, Plaintiff rejected this offer on March 2, 2010, to pursue another opportunity with American Family in Arizona. (Lopez Dep. 118-120; Steffen Dep. at 85; Jackson Dep. at 146, 169, 181, 195.) On March 2, 2010, after rejecting the Columbus, Ohio agency position, Plaintiff contacted Denny Sand (“Mr. Sand”), a District Manager in Arizona, to inform him of her intention to pursue a position as an agent in his district. (Id. at 137; Sand Dep. at 54.) On March 5, 2010, Mr. Sand informed Plaintiff that the Arizona position was no longer an option. As a result, Plaintiff emailed Ms. Jackson to inform her that she “may need” the Columbus, Ohio Agency position, that she had rejected three days earlier, as the Arizona position might no longer be an option. (Lopez Dep. at 138-39.) Ms. Jackson informed Plaintiff that she had already started the process of dispersing the policies to existing agents and, therefore, the agency position was no longer available. (Steffen Dep. 108, Jackson Dep. 160-61, 165, 195-96, Lopez Dep. at 140,142.) As a result, Plaintiffs employment with American Family was terminated because she was unable to obtain another position with the company before the March 31, 2010 deadline. (Lopez Dep. 163-64.)

4. Investigation into Plaintiffs Misuse of Expense Account Funds

As District Manager at American Family, Plaintiff was provided with expense accounts to use for rent and staffing of her office, utilities, and other costs associated with managing her district. (Lopez Dep.

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Bluebook (online)
161 F. Supp. 3d 570, 2014 U.S. Dist. LEXIS 188292, 2014 WL 11515850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-american-family-insurance-ohnd-2014.