Ploscowe v. Kadant

121 F. App'x 67
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 6, 2005
Docket03-4341
StatusUnpublished
Cited by1 cases

This text of 121 F. App'x 67 (Ploscowe v. Kadant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ploscowe v. Kadant, 121 F. App'x 67 (6th Cir. 2005).

Opinion

ROGERS, Circuit Judge.

Plaintiff Robert Ploscowe appeals the grant of summary judgment entered in favor of his previous employer, defendant Kadant Black Clawson (“KBC”). Ploscowe alleges violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., for religious discrimination and retaliation, and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., for age discrimination. Ploscowe also sets forth parallel claims under Ohio statutory and common law. Because Ploscowe has failed to establish a prima facie case of religious discrimination and retaliation, and because Ploscowe has failed to establish that KBC’s proffered reasons for his termination were pretextual, we affirm the grant of summary judgment.

I. Background

On May 15, 1995, Ploscowe was hired by KBC, 1 an Ohio manufacturer of equipment used in the paper-making industry, as a buyer/planner at its Middletown, Ohio plant. Ploscowe was 49 years old at the time he was hired. Ploscowe’s duties as a buyer/planner included purchasing materials and dealing with vendors. Ploscowe *69 was responsible for purchasing a range of items, including whole machines, spare parts, and general office supplies, for the Middletown, Ohio and Rayville, Louisiana plants.

In October of 2000, Max Caldwell, then president of KBC, made the decision to decentralize the purchasing function of the business and to transfer a portion of the purchasing responsibilities from the Middletown plant to KBC’s Alabama facility. The result of this decision was the elimination of one buyer/planner position in the Middletown plant. Ploscowe was chosen for termination, allegedly “because of his poor attitude, abrasiveness, and failure to provide timely service to his internal customers” and because his job functions could be easily learned by another employee.

Ploscowe was notified of his anticipated layoff on November 3, 2000, and given a choice of five weeks’ severance pay or continued employment for up to sixty days with an opportunity to conduct a job search. Ploscowe chose to continue his employment during the sixty day period. Three days later, on November 6, 2000, Ploscowe gave Ken Stiers, the Director of Human Resources, a memo alleging that he was selected for termination because of his age and religion. In mid-November, Ploscowe’s brother, a labor and employment attorney, sent a letter to KBC alleging employment discrimination and informing KBC that Ploscowe had met with the Equal Employment Opportunity Commission (“EEOC”). On November 27, 2000, Max Caldwell resigned as president of KBC. He was replaced by Ed Healy, who decided not to go forward with the plan to decentralize purchasing. The decision to maintain a centralized purchasing function resulted in Ploscowe’s retaining his position.

In the next one to two months, Ploscowe’s immediate supervisor, Terry Cadle, and another buyer/planner, Tim Cook, resigned. Cadle was not replaced — a level of management was simply eliminated— and Ploscowe, along with all the other buyer/planners, began reporting to Steve Arbogast. As a result of the lost positions, and in response to an alleged spike in business, Lee Harper, age 39, 2 was hired on March 12, 2001.

KBC states that in early 2001 there was a dramatic reduction in the demand for papermaking equipment. 3 JA 59. Thus, in April of 2001, one month after Harper was hired, the president of KBC determined that a reduction-in-force (“RIF”) would be required. Five positions would be eliminated in May of 2001, 4 including three positions in the purchasing group. At the time, the purchasing group consisted of six employees — Ploscowe, Gary Saylor, Don Amburgey, Jim *70 Carr, Tom Brunner, and Lee Harper. The age and seniority of the six buyer/planners working for KBC in April of 2001 are as follows:

1. Don Amburgey, age 64, date of hire 03/17/1986
2. Bob Ploscowe, age 55, date of hire 05/15/1995
3. Gary Saylor, age 53, date of hire 06/1/1988
4. Tim Carr, age 50, date of hire 03/31/1986
5. Tom Brunner, age 45, date of hire 11/26/1979
6. Lee Harper, age 39, date of hire 03/12/2001

Of the six employees in the purchasing department, the three oldest members— Ploscowe, Amburgey, and Saylor — were selected for termination.

On November, 27, 2001, Ploscowe filed suit against KBC, alleging that his termination was motivated by religious and age discrimination and was in retaliation for his prior reports of discrimination. KBC claims that Ploscowe was selected for termination because of his abrasive attitude and history of poor performance.

The district court held that Ploscowe had failed to establish a prima facie case of religious discrimination and retaliation. It assumed that Ploscowe could establish a prima facie case of age discrimination; however, it found that Ploscowe had failed to establish that KBC’s reasons for Ploscowe’s termination were pretextual. The district court thus granted ICBC’s motion for summary judgment on all counts.

II. Analysis

Ploscowe appeals the district court’s grant of summary judgment on his claims of religious discrimination, age discrimination, and retaliation, brought under federal law, and his parallel claims brought under Ohio statutory and common law. However, because Ploscowe has failed to establish a prima facie case of religious discrimination and retaliation, and because he has failed to establish that KBC’s proffered reasons for his termination were pretextual, the grant of summary judgment was proper as to all counts.

The district court’s grant of summary judgment is reviewed de novo. Valentine-Johnson v. Roche, 386 F.3d 800, 807 (6th Cir.2004). “Summary judgment is proper where there exists no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In considering a motion for summary judgment, the district court must construe all reasonable inferences in favor of the non-moving party.” Id. (internal citations omitted). Ultimately, the court must decide “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc. 477 U.S. 242, 251-252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

A. Religious Discrimination

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
121 F. App'x 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ploscowe-v-kadant-ca6-2005.