Paul Paquin v. Federal National Mortgage Association

119 F.3d 23, 326 U.S. App. D.C. 224, 38 Fed. R. Serv. 3d 282, 1997 U.S. App. LEXIS 18992, 71 Empl. Prac. Dec. (CCH) 44,936, 74 Fair Empl. Prac. Cas. (BNA) 1078, 1997 WL 413583
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 25, 1997
Docket96-7197
StatusPublished
Cited by224 cases

This text of 119 F.3d 23 (Paul Paquin v. Federal National Mortgage Association) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paul Paquin v. Federal National Mortgage Association, 119 F.3d 23, 326 U.S. App. D.C. 224, 38 Fed. R. Serv. 3d 282, 1997 U.S. App. LEXIS 18992, 71 Empl. Prac. Dec. (CCH) 44,936, 74 Fair Empl. Prac. Cas. (BNA) 1078, 1997 WL 413583 (D.C. Cir. 1997).

Opinion

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Paul Paquin alleges that the Federal National Mortgage Association (Fannie Mae) violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq., and the District of Columbia Human Rights Act (DCHRA), D.C.Code Ann. §§ 1-2501 et seq., by terminating him based on his age and by taking two retaliatory actions against him for engaging in conduct protected by the ADEA and the DCHRA. The district court awarded summary judgment to Fannie Mae on all of Paquin’s claims. Paquin challenges the district court’s award of summary judgment, its failure to order full discovery relating to performance evaluations of similarly situated employees at Fannie Mae and the magistrate judge’s denial of expert fee reimbursement. We reverse the district court’s refusal to order further discovery and, on that basis, reverse the district court’s grant of summary judgment on Paquin’s termi *26 nation claim. With respect to Paquin’s two retaliation claims we affirm the district court on one and reverse on the other. Finally, we affirm the magistrate judge’s refusal to award expert fee reimbursement.

I.

Paquin, currently 53 years old, began working for Fannie Mae in 1972 and four years later moved into Fannie Mae’s newly formed Investor Relations Department (Department). Within that department he was promoted from manager to vice president to senior vice president, the highest position in the Department. The Department work has both an “external” aspect, involving relations with investors and analysts outside Fannie Mae, and an “internal” aspect, involving communications and strategy development within the company. The record is clear that Pa-quin performed the external aspects of his job well but, according to Fannie Mae, Pa-quin was deficient as to internal matters. Fannie Mae also claims that its senior management was disappointed with Paquin’s performance on specific projects, such as Fannie Mae’s 1993 Investor/Analyst Biennial Conference.

Toward the end of 1993 Fannie Mae decided to terminate Paquin. Paquin was informed of the decision on February 14, 1994. He was offered a severance agreement, valued at approximately $600,000, was informed he should review it with his lawyer and was given until March 8, 1994 to accept the offer. The proposed severance agreement included a waiver of any legal claims. On March 1, 1994 Paquin’s lawyer wrote a letter to Fannie Mae stating that Paquin believed his age played a role in Fannie Mae’s decision to terminate him and requesting a severance package worth in excess of $4 million. In return Paquin offered to sign a release. Although the parties engaged in negotiations Fannie Mae ultimately refused to alter the terms of the original offer. According to Fannie Mae the deadline for accepting the original offer was extended to March 16,1994 but Paquin maintains there was no such extension.

On March 17,1994 Paquin filed a charge of unlawful termination and retaliation with the United States Equal Employment Opportunity Commission (EEOC). That same day Fannie Mae sent a letter to Paquin stating that, because he had not accepted the now-expired offer, Paquin had been terminated effective close of business on March 16th without severance benefits. On June 8,1994 Paquin filed suit in district court alleging unlawful termination and retaliation under the ADEA and the DCHRA. At the close of discovery Fannie Mae moved for summary judgment on all of Paquin’s claims, which motion was granted. Paquin then filed this appeal.

II.

A. Termination Claim

In ADEA eases we apply the familiar three-step burdenshifting framework announced in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), for Title VII cases. See Koger v. Reno, 98 F.3d 631, 633 (D.C.Cir.1996). 1 Under the first step of McDonnell Douglas the complainant must establish a prima facie case of discrimination. 411 U.S. at 802, 93 S.Ct. at 1824. In the ADEA context a complainant makes his required prima facie showing if he (i) belongs to the protected age group, (ii) was qualified for the position, (in) was terminated and (iv) was replaced by a younger person. See Coburn v. Pan Am. World Airways, Inc., 711 F.2d 339, 342 (D.C.Cir.), cert. denied, 464 U.S. 994, 104 S.Ct. 488, 78 L.Ed.2d 683 (1983). If the complainant succeeds in establishing a prima facie case, the second step of the McDonnell Douglas framework shifts the burden to the defendant employer to articulate a legitimate, nondiscriminatory reason for its adverse employment action. 411 U.S. at 802, 93 S.Ct. at 1824. If the defendant does so, then under the third step of McDonnell Douglas the complainant must produce evi *27 dence showing that the defendant’s proffered reason is but a pretext for .discrimination. Id. at 804, 93 S.Ct. at 1825.

We agree with the district court that Paquin established a prima facie case. Pa-quin was fifty years old at the time of his termination and therefore a member of the age class (at least 40 years old) protected by the ADEA. 29 U.S.C. § 631(a). Like'the district court, we believe that Paquin’s twenty-year tenure at Fannie Mae and his series of promotions within the Department suffice to show that he was qualified for his position. Finally, there is no dispute that Paquin was terminated and replaced by a younger person.

Turning to the second step of the McDonnell Douglas framework, we conclude that Fannie Mae met its burden in articulating a legitimate non-discriminatory reason for its termination of Paquin. Fannie Mae claims that Paquin’s termination resulted from substandard performance, as evidenced primarily by annual performance evaluations for the years 1991-1993. The evaluations indicated areas in which Paquin needed improvement. For example, the 1991 evaluation, while praising Paquin’s performance in external matters, stated “Paul must devote considerably more effort to raising the level of his and his staffs ‘internal’ performance.” JA 348. The 1991 evaluation concluded “Paul’s challenge next year will be to bring his internal management performance up to a level approaching the exceptional performance he continues to post in the external arena with investors and analysts.” JA 349. The 1992 evaluation stated that the year had been “a mixture of positives and negatives.” JA 350.

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119 F.3d 23, 326 U.S. App. D.C. 224, 38 Fed. R. Serv. 3d 282, 1997 U.S. App. LEXIS 18992, 71 Empl. Prac. Dec. (CCH) 44,936, 74 Fair Empl. Prac. Cas. (BNA) 1078, 1997 WL 413583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-paquin-v-federal-national-mortgage-association-cadc-1997.