McNamee v. Starbucks Coffee Co.

914 F. Supp. 2d 408, 2012 WL 6628879, 2012 U.S. Dist. LEXIS 179568
CourtDistrict Court, W.D. New York
DecidedDecember 19, 2012
DocketNo. 10-CV-6508 CJS
StatusPublished
Cited by1 cases

This text of 914 F. Supp. 2d 408 (McNamee v. Starbucks Coffee Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McNamee v. Starbucks Coffee Co., 914 F. Supp. 2d 408, 2012 WL 6628879, 2012 U.S. Dist. LEXIS 179568 (W.D.N.Y. 2012).

Opinion

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This is an action in which Sharon McNamee (“Plaintiff’) alleges that her former employer, Starbucks Coffee Company (“Defendant”), discriminated against her, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq.1 Now before the [411]*411Court is Defendant’s motion for summary-judgment (Docket No. [# 51]). For the reasons that follow, the application is granted.

BACKGROUND

Unless otherwise noted, the following are the facts of this case, viewed in the light most favorable to Plaintiff. Defendant operates a well-known chain of coffee shops. In 2004, Plaintiff began working for Defendant as a “coffee barista” in the State of Florida. In 2007 Plaintiff was promoted to Manager of a Starbucks shop in Naples, Florida. During this period of her employment with Defendant, Plaintiff received “consistent merit increases and promotions by meeting performance objectives.” PI. Rule 56.1 Stmt. ¶ 17.

On April 1, 2008, Plaintiff made a lateral transfer to become the Manager of a Starbucks shop in Gates, New York. At that time, Plaintiff was approximately 44 years of age. PI. Dep. at p. 60. Plaintiffs District Manager and immediate supervisor was Ron Aylward (“Aylward”). In or about July 2008, “as a result of a decline in consumer confidence and a reduction in comparable store sales,” Defendant “closed more than 600 stores and laid off over 6,000 employees.” PI. Rule 56.1 Stmt. ¶ 9. At that time, Defendant terminated Aylward and replaced him with Joseph Rizzo (“Rizzo”), who was younger than Aylward. However, Plaintiff remained as the manager of the Gates location.

Plaintiff did not have a good working relationship with Rizzo. Sometime during 2008, Plaintiff contacted Rizzo’s supervisor, Zeta Smith (“Smith”), and expressed her “concerns about [Rizzo’s] leadership.” PL Dep. at pp. 36-37, 89-90. Plaintiff again complained to Smith about Rizzo after Rizzo made certain changes to the work schedule at Plaintiffs shop without consulting her. Id. at pp. 93-97. Plaintiff also made complaints about Rizzo’s management style directly to him. Id. at p. 75. On one occasion, Plaintiff had a dispute with Rizzo because he told her that she could not have a toaster in her shop pursuant to company rules, and rather than remove the toaster, Plaintiff contacted a former supervisor in Florida and asked for an explanation for why she had been allowed to have a toaster at the Florida shop. Pl. Dep. at pp. 75-83. Upon learning that Plaintiff had contacted the former supervisor, Rizzo told Plaintiff that she was being insubordinate. Id. Plaintiff eventually removed the toaster after Rizzo gave her a direct order to do so. Id.

In or about March 2009, Defendant transferred the female manager of another Rochester-area shop, Jacqueline Melia (“Melia”), to a “lower sale volume store,” and replaced her with a younger female employee. PL Rule 56.1 Stmt. ¶ 14. Plaintiff contends that such transfer was discriminatory, but she admits that she does not know why Melia was “demoted.” Pl. Dep. at pp. 208-209. However, Melia’s performance evaluation for 2009 listed a high number of areas in which she had problems, including the cleanliness of her shop, and gave her an overall rating of “must improve.” Pl. Rule 56.1 Stmt., Ex. T.

In April 2009, Rizzo gave Plaintiff a six-month performance evaluation, which indicated that she “met expectations.” PL Rule 56.1 Stmt. ¶ 15. However, Rizzo’s review indicated various areas in which Plaintiff needed to improve. In that regard, a few months earlier Rizzo had used one of Defendant’s form questionnaires to poll the nine employees who were being supervised by Plaintiff, and they expressed dissatisfaction with her. See, Rizzo Aff. ¶¶ 6-7 and Ex. A. For example, none of the nine agreed that Plaintiff was “trustworthy” or that she “achieve[d] results.” Rizzo Aff. at Ex. A. Rizzo had discussed [412]*412the survey with Plaintiff, and she had agreed that she needed to improve her performance. Id. at ¶ 7.

In April 2009, Plaintiff became interested in making a lateral transfer to a Starbucks shop in Newport, Rhode Island. After expressing her interest in the position, Plaintiff was contacted by the hiring district manager for Rhode Island, Alida Kronsberg (“Kronsberg”), who explained the application process and indicated that Plaintiff would eventually be interviewed by a five-person panel. According to Plaintiff, in order to make such a lateral transfer, she needed her District Manager, Rizzo, to give his approval and to provide her with a letter of recommendation. Plaintiff maintains that Rizzo permitted her to apply for the Rhode Island position and indicated that he would provide her with letter of recommendation. Plaintiff also asked one of her former District Managers, Sheryl Oltmans (“Oltmans”), a female, to provide a letter of recommendation. Plaintiff contends that Rizzo spoke with Kronsberg about her by telephone, but that neither Rizzo nor Oltmans sent Kronsberg a written letter of recommendation.2 A few days after speaking with Rizzo, Kronsberg conducted a telephone interview with Plaintiff. Kronsberg told Plaintiff that she would not be interviewed by the five-person panel, and that she was not being selected for the Rhode Island position. Starbucks instead hired a female who was under age forty. However, according to Kronsberg, at the time she made that decision she did not know the candidates’ ages.

Kronsberg indicates that she made the hiring decision based on her perception of Plaintiffs qualifications, and not on Plaintiffs age or gender. In that regard, Kronsberg states that she told Rizzo that the position for which Plaintiff was being considered involved certain “complexities,” and Rizzo indicated that he did not think Plaintiff was “ready to take on a store with [those] types of complexities.” Aff. of Lida Walusiak (Krongsberg) at ¶ 11. Kronsberg further states that apart from anything that Rizzo told her, Plaintiffs answers to her questions indicated that Plaintiff was not a good candidate for the Rhode Island managerial position. Id. at ¶ par 6-7 (“Based on Plaintiffs responses to my questions, I did not believe that it was within Plaintiffs ability to consistently hold employees accountable for meeting Starbucks’ standards.... I felt she did not use corrective action as a tool to maintain and implement Starbucks’ standards and help employees understand what is expected of them. I also felt that Plaintiff had difficulty managing her direct reports and would opt to transfer an employee as opposed to working to improve the employee’s behavior.... I did not have similar concerns with the two female employees whom I recommended for the next step in the process.”). In addition, Plaintiff admits that she and Kronsberg discussed the fact that the Gates shop, which Plaintiff was managing, “wasn’t producing financially,” and was “$50,000.00 in the hole.” PI. Dep. at pp. 180-181.

In May 2009, “as a result of Starbucks downturn in business and corporate-wide restructuring,” Defendant closed the Gates shop that Plaintiff managed. PI. Rule 56.1 Stmt. ¶ 20.

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914 F. Supp. 2d 408, 2012 WL 6628879, 2012 U.S. Dist. LEXIS 179568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcnamee-v-starbucks-coffee-co-nywd-2012.