Mynatt v. Lockheed Martin Energy Systems, Inc.

271 F. App'x 470
CourtCourt of Appeals for the Fifth Circuit
DecidedMarch 18, 2008
DocketNo. 06-6319
StatusPublished
Cited by5 cases

This text of 271 F. App'x 470 (Mynatt v. Lockheed Martin Energy Systems, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mynatt v. Lockheed Martin Energy Systems, Inc., 271 F. App'x 470 (5th Cir. 2008).

Opinion

PER CURIAM.

Plaintiff Doyle Mynatt appeals the district court’s grant of summary judgment for defendant Lockheed Martin Energy System, Inc. (LMES) in his employment discrimination suit brought pursuant to 42 U.S.C. § 2000e et seq. (Title YII) and 42 U.S.C. § 1981. In September 1999, My-natt was terminated from LMES as part of a reduction-in-force (RIF), and he subsequently sued LMES, claiming that it terminated him and failed to promote him because he is African-American, created a hostile work environment, and paid him less than a white coworker. Mynatt withdrew his failure-to-promote claim, and the district court granted summary judgment for LMES on the termination, hostile-work-environment, and pay-discrimination claims. On appeal, Mynatt contests only the district court’s rulings on his termination and pay-discrimination claims. Although Mynatt alleges that the circumstances surrounding his termination show that racial animus motivated the decision to terminate him, that contention is without merit. Mynatt’s pay discrimination claim is also unsubstantiated and is barred by the Supreme Court’s holding in Ledbet-ter v. Goodyear Tire & Rubber Co., Inc., -U.S.-, 127 S.Ct. 2162, 167 L.Ed.2d 982 (2007). Accordingly, we affirm the' district court’s grant of summary judgment for LMES.

I. Background

A. General Background

Beginning April 1, 1984, pursuant to a contract with the Department of Energy (DOE), LMES managed three government-owned nuclear facilities at Oak Ridge, Tennessee. Between January 1, 1996, and November 1, 2000, other companies assumed management of all three facilities, and, as of November 1, 2000, the work of LMES at Oak Ridge ended.

Mynatt received a Bachelor of Science degree in Communication from the University of Tennessee in 1979. Thereafter, he worked as a radio announcer and a TV reporter. In 1980, he was hired as a security inspector with Union Carbide Corporation, predecessor to LMES. He then became a material dispatcher in the Weapons Material Management Department, a weekly salaried position that he held for nine months. In 1984, he became a video aide in the video department in what eventually became Information Management Services (IMS).

Mynatt’s initial job in IMS was video aide, a weekly salaried position. In 1989, his position was reevaluated as video associate, a monthly salaried position. In 1990, Mynatt was promoted to Video Producer I. In that position, he produced and directed videotaped programs for DOE facilities at Oak Ridge. He retained that position until his termination in September 1999. At the time of his termination, Mynatt’s position was titled Media Producer II, salary grade 3.

B. The Reduction In Force (RIF)

It is undisputed that DOE budget cuts resulted in decreased funding for LMES’s work. The RIF process began with the LMES finance organization’s notifying each employment unit, including IMS, of the amount by which each unit would need to reduce its force, in dollar terms. Under the established RIF process, supervisors first establish peer groups of those employed in positions that may be subject to the RIF. Peer groups are identified by “determining impacted positions with the [472]*472same or similar skill requirements and/or other positions in the same job family or classification.” Elsewhere, LMES policy defines a peer group as being “[tjypically composed of employees performing the same or similar types of work (usually in the same job family or classification) within the impacted organization.” Examples of how to compose a peer group suggest that individuals with special skills should not be placed in peer groups with others who lack those special skills.

Next, managers determine which employees within each peer group will be terminated. Each employee in a given peer group is ranked based on consideration of six factors. Those factors include: possession of critical/essential skills, length of credited service with company, performance reviews over the prior three review periods, transferability of job skills, education/training relevant to work to be performed, and time in current position. Based on those factors, candidates for layoff are identified. The layoff candidates and other members of the peer group are then compared on a Layoff Comparison Form, which compiles peer group members’ information along several dimensions, including the three most recent performance ratings, time in position, years of service, age, race, sex, and education. Managers must also indicate the overall reason for selecting the layoff candidates for termination. On a separate Peer Comparison Profile form, peer group members’ skills, transferability of skills, and job-related education are compared. For employees in protected categories, a detailed justification for their selection for termination is required. Unit representatives submit this documentation to a RIF Review Board (the “Board”) and appear before the Board to explain the layoff selections.1 In addition, an “adverse impact” analysis of all proposed terminations is conducted by the Workforce Diversity office. Once a selection is approved by the Board, the selections are reviewed with the human resources and legal departments. The employees selected are then notified of them termination.

At the time of his termination, Mynatt had three levels of supervisors. John Rid-ley was Manager of the Video Department and Mynatt’s first-line supervisor. Mike Shepherd was Supervisor of Multimedia Services. Shepherd reported to Donna Griffith, Director of IMS. Ridley, Shepherd, and Griffith participated in the decision to select Mynatt for termination as part of the RIF.

Based on directives from LMES’s finance department, Griffith, Shepherd, Rid-ley, and LMES finance personnel determined that one Producer/Director and one Video Assistant would be laid off from the Video Department. Mynatt and Walter Corey, also a producer in the Video Department, had the same position, Media Producer II, and were both in salary grade 3. Mynatt and Corey were placed in the Media Producer II peer group. John Buck, also a Media Producer II, was not included in the peer group. The reasons why Buck was not included are heavily disputed. Mynatt contends that the exclusion of Buck, who is white, is evidence of racial animus in the RIF process. LMES contends that Buck was excluded because his work and salary grade were dissimilar: he spent sixty percent of his time directing the company’s teleconferencing program and was in salary grade 5. These arguments are addressed below. See discussion infra at p. 477.

A Layoff Comparison Form for Mynatt and Corey was completed and indicated [473]*473that Mynatt had received performance ratings of CM (meaning “consistently meets” position requirements) in each of the prior three evaluation periods, while Corey had received a higher rating of CX (meaning “consistently exceeds” position requirements) in 1998 and ratings of CM in the other two periods. The form indicated that Mynatt had spent fifteen years in his current position, while Corey had spent eighteen years in his current position. Mynatt had nineteen years of service, while Corey had eighteen years of service. Corey is identified as a white male. Both had Bachelor of Science degrees.

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271 F. App'x 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mynatt-v-lockheed-martin-energy-systems-inc-ca5-2008.