Marione v. Metropolitan Life Insurance

188 F. App'x 141
CourtCourt of Appeals for the Third Circuit
DecidedJuly 31, 2006
DocketNo. 05-2359
StatusPublished
Cited by8 cases

This text of 188 F. App'x 141 (Marione v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marione v. Metropolitan Life Insurance, 188 F. App'x 141 (3d Cir. 2006).

Opinion

OPINION OF THE COURT

RENDELL, Circuit Judge.

Anthony Marione (“Marione”) appeals the District Court’s grant of summary judgment in favor of defendant Metropolitan Life Insurance Company (“MetLife”) on Marione’s claim that MetLife violated the Age Discrimination in Employment Act, 29 U.S.C. § 621, when it terminated him in February 2002, during a reduction in force (“RIF”). In granting MetLife’s summary judgment motion, the District Court concluded that Marione had not demonstrated, under the test articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), that MetLife’s stated reasons for terminating his employment were a pretext for age discrimination. We agree and will affirm.

[143]*143I.

Marione worked for MetLife in various capacities from 1968 to 2002. Originally hired as a management trainee, Marione held a number of at-will employment positions, eventually becoming a senior data administrator for the Data Analysis and Development (“DAD”) Unit. The DAD Unit was a sub-unit of MetLife’s Information Technology Department, responsible for providing technical support and services to various lines of business.

In late 2001, after being notified of a decrease in funding to the DAD Unit, Met-Life determined there was a need to eliminate a number of employees. In December, the Unit’s managers met to rank and rate their 29 employees, 19 of whom were senior data administrators. In the end, MetLife decided to terminate the five lowest-ranked individuals who were deemed non-essential to the department. Marione was one of the five. Employees were chosen for two reasons: 1) their primary responsibilities involved doing maintenance work relating to data analysis and modeling, rather than design and creation of new databases, and 2) they did not possess the skills sets that included the emerging technologies into which the DAD Unit was expanding.

Upon notification of his termination, Marione was given a Separation Agreement, which, if signed, would allow him to receive one year’s salary ($81,501), a $2,000 bonus, and outplacement assistance. Although Marione had a number of questions about the agreement and had asked for an extension in signing it, he voluntarily executed the agreement on March 4, 2002. He then received one lump-sum check, which was one of the payment methods offered under the Agreement. Marione filed an unsuccessful age discrimination charge with the EEOC in May 2002 and, in June 2003, initiated this lawsuit. After the District Court granted summary judgment in favor of MetLife, Marione appealed.

II.

This Court has jurisdiction pursuant to 28 U.S.C. § 1291. We review a grant of summary judgment de novo, applying the same test as the district court. Tomasso v. Boeing Co., 445 F.3d 702 (3d Cir.2006). Summary judgment is proper when “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ.P. 56(c). An issue of material fact is genuine only when such evidence could cause a reasonable jury to return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L.Ed.2d 202 (1986). When the non-moving party bears the burden of proof, the moving party’s burden may be discharged by showing an absence of evidence to support the non-moving party’s case. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The burden then shifts to the non-moving party, who “may not rest on the mere allegations or denials of the adverse party’s pleadings ... but must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P 56(e). If the adverse party does not so respond, summary judgment shall be entered against the adverse party. Id.

III.

When analyzing employment discrimination allegations arising under ADEA, we follow the burden-shifting framework set forth by the Supreme Court in McDonnell Douglas. First, a plaintiff must establish a prima facie case of discrimination. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. The District Court determined, and the record supports, that Mar[144]*144ione did establish a prima facie case. Therefore, this element has been satisfied and is not at issue on appeal.

Establishment of a prima facie case creates a presumption of discriminatory intent that a defendant has the burden to rebut by setting forth some legitimate, nondiscriminatory reason for its actions. Id. Here, MetLife claims that the RIF was made necessary by cutbacks in the DAD Unit’s budget. As a result, employees were selected for termination based on “a consensus assessment of their contributions to the DAD Unit within the past year and their abilities to perform emerging technologies.” Appellee’s Br. at 32. A MetLife manager testified that after learning of the budget cutbacks, she and the other managers engaged in a “lifeboat” exercise, assessing which individuals were most needed in order to accomplish the DAD Unit’s goals for 2002.

We recognize that in a RIF, a company is often forced to terminate “the worst of the best,” and therefore an adequate employee who is under-performing relative to his peers may still be chosen for termination. Tomasso, 445 F.3d at 711 n. 9. We therefore find MetLife’s stated reasons, which need only to be articulated, and need not be proven at this stage, to be legitimate. St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 506-07, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). See also Texas Dep’t Of Cmty. Affairs v. Burdine, 450 U.S. 248, 254-55, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981) (“The defendant need not persuade the court that it was actually motivated by the proffered reasons ... [t]he explanation provided must be legally sufficient to justify a judgment for the defendant.”).

After a defendant has stated legitimate, nondiscriminatory reasons for its actions, plaintiff must then be afforded a fair opportunity to show that defendant’s reasons are in fact pretextual. McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. 1817. See also Kautz v. Met-Pro Corp., 412 F.3d 463, 466-67 (3d Cir.2005); Keller v. Orix Credit Alliance, Inc., 130 F.3d 1101, 1108 (3d Cir.1997); Fuentes v. Perskie, 32 F.3d 759, 761-64 (3d Cir.1994).

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188 F. App'x 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marione-v-metropolitan-life-insurance-ca3-2006.