Luqmaan v. Volvo Group North America, LLC

94 F. Supp. 3d 762, 2015 U.S. Dist. LEXIS 38171, 2015 WL 1383115
CourtDistrict Court, W.D. Virginia
DecidedMarch 26, 2015
DocketCivil Action No. 7:14-CV-00115
StatusPublished
Cited by2 cases

This text of 94 F. Supp. 3d 762 (Luqmaan v. Volvo Group North America, LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Luqmaan v. Volvo Group North America, LLC, 94 F. Supp. 3d 762, 2015 U.S. Dist. LEXIS 38171, 2015 WL 1383115 (W.D. Va. 2015).

Opinion

MEMORANDUM OPINION

GLEN E. CONRAD, Chief Judge.

Plaintiff Hakim Luqmaan filed this employment discrimination action against Defendants Volvo Group North America, LLC and Volvo Trucks North America, Inc. (collectively, ‘Volvo”), alleging that Volvo demoted him because of his race in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. The case is presently before the court on Volvo’s motion for summary judgment. For the following reasons, the court will grant that motion.

Factual and Procedural History

The following facts are either undisputed, or, where disputed, are presented in the light most favorable to Luqmaan. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

Luqmaan, an African-American man, was hired by Mack Trucks in 1987. He held a variety of positions in that company over the next several years. Luqmaan Dep. at 47-51, Def.’s Mot. Summ. J. Ex. A, Docket No. 29-1. In or around 2003, Lu-qmaan transferred to Volvo’s New River Valley (“NRV”) facility in Dublin, Virginia, following the merger between Mack Tracks and Volvo. Id. At NRV, Luqmaan initially worked as a Quality Assurance Advisor, a position that was eventually retitled Senior Quality Engineer. Id.

At NRV, the Customer Option Center (“COC”), also known as the New Vehicle Option Center, provides customers with the ability to customize their truck orders with options that are not part of the normal production process. Id. at 62. The COC “has existed [at NRV] in a variety of forms.” Sutphin Deck ¶2, Def.’s Mot. Summ. J. Ex. 2, Docket No. 29-2. Initially, the COC processed option orders, while actual physical modification of the trucks was outsourced to Fontaine Modification Company (“Fontaine”), a company that is unaffiliated with Volvo but is located “literally right up the road from NRV.” Id. Luqmaan first worked in the COC as a Senior Quality Engineer during this time period. Luqmaan Dep. at 53-54, 59-60, 215-16. His duties included quoting options for customers, keeping track of option orders in a database, ordering parts for option orders, creating financial reports, coordinating billing, and maintaining a cache of options order materials. Id. at [766]*76665-66. Volvo eventually dismantled this version of the COC. Id. At that time, Lu-qmaan bid for and obtained a position as a Senior Quality Engineer in the Quality Department at NRV. Id. at 67-68.

Volvo later introduced a “more formalized” version of the COC, which it modeled after the way Mack Trucks handled options at its facility in Macungie, Pennsylvania. Sutphin Deck ¶ 2. Under this model, NRV employees performed the options work in-house, rather than outsourcing it to Fontaine. Luqmaan Dep. at 78-81. Luqmaan applied to work in the new COC in early 2011. Id. at 74-75. He was interviewed by Vic Sherbriek, a Volvo employee based out of Macungie. Id. at 75. Sher-brick hired Luqmaan as Manager of the COC in February 2011. Id. at 82-83. Thereafter, Luqmaan interviewed and hired Production Supervisor Scott Hether-ington, his only direct report, who was responsible for the “day-to-day running of the business.” Id. at 95-96. Luqmaan also interviewed candidates for a Business Analyst position; however, no one was hired to fill this role due to a hiring freeze implemented by Volvo. Id. at 89-90, 93-94. As COC Manager, Luqmaan’s responsibilities included quoting prices to customers, keeping track of options orders in a database, preparing financial reports, and expanding the COC’s business. Id. at 98-99. By 2012, the COC was formally incorporated into the NRV’s organizational structure under the Customer Engineering Department. Id. at 107-108. Luqmaan reported to Steve Worrell, CE Group Manager, who in turn reported to Ivan Mitchell, the Director of Customer Engineering. Id. at 115-16.

The new COC faced challenges in its day-to-day business, including being short-staffed and struggling to be recognized and respected within the NRV hierarchy, which Luqmaan attributed to tension between the Mack Trucks and Volvo sides of the business. Id. at 105-106. These challenges resulted in manpower issues: Lu-qmaan had to “beg[ ] and borrow[ ] to get whatever help [he] could to get the trucks built” in the COC. Id. at 260. Even so, the COC still had to turn down some options work. Id. at 142; Sutphin Deck ¶ 3. Nonetheless, the COC was profitable under Lu-qmaaris direction. Sutphin Dep. at 42, Pl.’s Br. in Opp. Ex. 11, Docket No. 35-11; LaFon Dep. at 10-11, Pl.’s Br. in Opp. Ex. 13, Docket No. 35-13. As COC Manager, Luqmaan worked twelve to thirteen hour days, as well as some weekends, without earning overtime. Luqmaan Dep. at 125.

NRV is a unionized facility whose bargaining unit employees are represented by the United Auto Workers (“UAW”). Lu-qmaan Dep. at 135. Luqmaan is not represented by the union. Id. During his time as COC Manager, the UAW filed two grievances against Volvo, arguing that Lu-qmaan was performing work that should have been performed by bargaining unit employees. Id. The UAW was also worried that the COC was not growing as quickly as it should. Id. at 138-39. On January 11, 2013, the UAW expressed these “deep concerns” in a letter addressed to Lars Blomberg, then NRV’s Vice President and General Manager. Id. Ex. 7; Sutphin Deck ¶ 4. In this letter, the UAW commended Luqmaan, who in their view had “done a marvelous job with what resources he has been given.” Luqmaan Dep. Ex. 7 at 1. The UAW also stated that they had “nothing but praise for what [Luqmaan] has done trying to make the COC become a relevant part of [NRV] business.” Id. They went on to say, however, that the “engineering group is not the appropriate group to operate this COC,” because that department had “done nothing to advance [the COC] from its inception.” Id. Instead, the UAW recommended that the COC be led by the opera[767]*767tions department, which they believed would “take a more proactive approach” to managing and expanding the COC. Id. Ivan Mitchell shared this letter with Lu-qmaan during a meeting about the COC. Id. at 139-140.

The UAW’s letter prompted discussion of the COC at some NRV director-level staff meetings in January and February 2013. Sutphin Deck ¶ 4; LaFon Dep. at 12-13. During this period, Blomberg placed Kirk Sutphin, NRV’s Director of Quality, in charge of the COC. Id. Accordingly, Sutphin took on responsibility of COC in addition to his duties in the Quality Department. Id. Mitchell and Worrell, in turn, relinquished control of the COC and began to work solely in the Customer Engineering Department. Id. Blomberg then asked Sutphin to develop a proposal to reorganize and grow the COC within the Quality Department in response to the UAW’s concerns. Id. at ¶ 5. Sutphin presented his proposal to the NRVs director-level staff during a staff meeting in February 2013. Id. The staff approved the proposal and its implementation. Id.

Sutphin’s proposal “involved several moving pieces and personnel.” Id. at ¶ 6. First, to eliminate the COC’s manpower issues, Sutphin made the Operations Department responsible for actually executr ing the options work. Id.

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94 F. Supp. 3d 762, 2015 U.S. Dist. LEXIS 38171, 2015 WL 1383115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luqmaan-v-volvo-group-north-america-llc-vawd-2015.