Nash v. Optomec, Inc.

185 F. Supp. 3d 1129, 2016 U.S. Dist. LEXIS 60485, 100 Empl. Prac. Dec. (CCH) 45,555, 2016 WL 2595096
CourtDistrict Court, D. Minnesota
DecidedMay 5, 2016
DocketCiv. No. 15-1845 (RHK/BRT)
StatusPublished
Cited by2 cases

This text of 185 F. Supp. 3d 1129 (Nash v. Optomec, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nash v. Optomec, Inc., 185 F. Supp. 3d 1129, 2016 U.S. Dist. LEXIS 60485, 100 Empl. Prac. Dec. (CCH) 45,555, 2016 WL 2595096 (mnd 2016).

Opinion

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, United States District Judge

INTRODUCTION

In this action, Plaintiff Thomas Nash alleges that his former employer, Defendant Optomec, Inc. (“Optomec”), terminated his employment on account of his age in violation of the Minnesota Human Rights Act (“MHRA”), Minn. Stat. § 368A.01 et seq. Presently before the Court ⅛ Opto-mec’s Motion for Summary Judgment; for the reasons that follow, the Motion will be granted.

BACKGROUND

Viewed in the light most favorable to Nash, the record reveals the following facts, most of which are undisputed.

Nash was born in 1958 and obtained a Bachelor of Science degree in applied mathematics from St. John’s University in 1980. After working a number of jobs over the ensuing decades, he returned to school in 2011, enrolling in a nanoscience technology program at Dakota County Technical College (“DCTC”).

In 2013, as part of his studies, Nash and several other students toured the St. Paul facility of Optomec, a New Mexico-based company that develops and manufactures 3D printing systems. At the time, Nash needed to complete an internship in order to obtain his degree, and he told one of his professors that he was interested in serving as an intern at Optomec, The professor, in turn, contacted John Lees, Optomec’s 49-year-old Vice President of Engineering. Lees brought in Nash for two interviews and eventually offered him a full-time, paid internship for the summer and fall semesters, reporting directly to Lees; Nash was ⅛4 at the time.

Nash began working for Optomec as a “lab technician” intern in July 2013, running tests on lab equipment, taking measurements, recording data, and cleaning the equipment. He initially shared these duties with two other interns: Travis Evans and Chenxing Pei, mechanical-engineering students at the University of Minnesota. Evans had been working for Optomec for a period of time before Nash arrived, and Lees asked Evans to help train Nash. Pei, who arrived a short time later, also helped train Nash on assembling and disassembling equipment in the lab. When Evans and Pei returned to school full-time in the fall of 2013, Optomec brought in a new intern, Dan Bakke, another engineering student at the University of Minnesota. Evans, Pei, and Bakke were all in their early twenties.

According to Nash, Lees “gave [him] the cold shoulder” during his internship. He avers that Lees would not invite him to join discussions in his office, as he did with Evans, Pei, and Bakke. He also alleges that Lees provided training to other interns that he did not receive. Neverthe[1132]*1132less, in several reports Nash submitted to DCTC, he described his internship positively. He wrote, among other things, that he liked the experience of “working for a small company, with small teams, and not a lot of formality,” and that he found the environment at Optomec “to be what [he had] expected, and the type of environment [he] enjoyfed] working in.”

At the conclusion of Nash’s internship in December 2013, Lees submitted to DCTC a written review of Nash’s performance. His assessment was fairly tepid. Though he recognized Nash offered “much appreciated discipline and rigor,” Lees felt previous interns had exhibited “more learning potential.” On a scale from 1 to 5, he rated Nash a “3” for critical-thinking skills and noted that “[understanding and troubleshooting systems are ... a bit beyond” him. Lees also noted that lab procedures involving physical skill or dexterity were “challenging” for Nash. Nash was not provided a copy of this assessment.

Nash completed his internship with Op-tomec and received an associate’s degree from DCTC in December 2013. Around that time, he informed Lees that he had enjoyed working at the company and was interested in a “permanent” position. Lees spoke to John Wright, an Optomec engineer who had worked with Nash during his internship. Like Lees, Wright harbored concerns about Nash, believing he was not a “skilled technician” and that he required detailed instructions in order to perform tasks. Despite Wright’s comments and his own misgivings with Nash’s performance, Lees extended an offer of employment to Nash as a full-time lab technician in mid-December 2013. Nash accepted and began “regular” employment with Optomec in January 2014. At the time, Nash was the only full-time lab technician reporting to Lees, supporting the work of several new-product-development engineers. His duties were not appreciably different from those he had performed as a lab-technician intern.

Nash alleges that Lees’s favoritism of younger employees continued after he began working for Optomec on a “permanent” (non-intern) basis. He claims, for example, that Evans — who was then working five hours per week as a student intern — was sent on company-paid trips to visit clients, including a trip to Germany, that were not offered to him.1 He also claims that Lees showed favoritism in connection with a chemical spill in April 2014. Nash spent most of a work day cleaning the spill, aided for a short time by Bakke. But when the spill was discussed in a weekly meeting, Lees “emphasized concern about Bakke’s exposure to the hazardous chemical from the spill, but made no mention of Nash’s exposure,” which Nash claims “humiliated” him. In addition, Nash asserts he was eventually told to report to Wright, while Bakke and Evans reported directly to Lees.

According to Lees, over time he became increasingly dissatisfied with Nash as a lab technician. Although Nash was performing adequately in that role, Lees believed he struggled with critical thinking and troubleshooting, traits he thought important as Optomec continued to expand. Wright expressed similar concerns to Lees, advising that Nash was not capable of “performing] more troubleshooting [and] do[ing] a lot more independent work” or “go[ing] off and interfacing] with customers.” Lees had similar discussions with Optomec’s Chief Executive Officer, David Ramahi, who agreed with Lees’s and [1133]*1133Wright’s assessments. Lees testified in his deposition:

I was kind of taking stock of the current situation and looking ahead. We were anticipating getting further orders from our Chinese customer for more production equipment.... [M]y judgment was that I needed to have team members that were able to support customers and undertake, you know, a higher level of troubleshooting than we had been doing to that point. The business was growing. There was going to be a need to support more customers. We needed just a higher level of functionality across the board on the team.
$ ⅜ $
Other people who could fulfill the role of lab technician could learn from the experience ... and build on that knowledge to function in a customer service role and in a troubleshooting role, but [Nash] was not able to build on that experience and take it to that next level.... If we continued to grow, we would likely hire someone to come into the role of lab technician and be able to learn and grow from it the way [others] had done, but [Nash] was not able to do.
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I decided that [Nash] was not — not progressing beyond the kind of basic' lab skills. I had decided that I was kind of changing my views on what should— what was kind of the business function of the lab technicians, that they — I saw it as a way to bring people into the technology [ ] but then ...

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185 F. Supp. 3d 1129, 2016 U.S. Dist. LEXIS 60485, 100 Empl. Prac. Dec. (CCH) 45,555, 2016 WL 2595096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nash-v-optomec-inc-mnd-2016.