Rathbun v. Autozone, Inc.

253 F. Supp. 2d 226, 2003 U.S. Dist. LEXIS 4713, 91 Fair Empl. Prac. Cas. (BNA) 852, 2003 WL 1618125
CourtDistrict Court, D. Rhode Island
DecidedMarch 17, 2003
Docket01-401S
StatusPublished
Cited by15 cases

This text of 253 F. Supp. 2d 226 (Rathbun v. Autozone, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rathbun v. Autozone, Inc., 253 F. Supp. 2d 226, 2003 U.S. Dist. LEXIS 4713, 91 Fair Empl. Prac. Cas. (BNA) 852, 2003 WL 1618125 (D.R.I. 2003).

Opinion

DECISION AND ORDER

SMITH, District Judge.

Plaintiff Betsey Rathbun (“Plaintiff’ or “Rathbun”) originally brought this action against her employer, Autozone, Inc. (“Au-tozone”) in Providence County Superior Court. Autozone timely removed the case to this Court on the basis of diversity jurisdiction, 28 U.S.C. § 1332, pursuant to 28 U.S.C. § 1446. The Complaint alleges employment discrimination under the Rhode Island Fair Employment Practices Act (“FEPA”), R.I. Gen. Laws § 28-5-1 et seq. (2000), and the Rhode Island Civil Rights Act (“RICRA”), R.I. Gen. Laws § 42-112-1 et seq. (2000).

Specifically, Plaintiff alleges that Auto-Zone engaged in two types of sex discrimination against her in violation of FEPA. First, she claims that Autozone failed to promote her on account of her sex; and second, that Autozone paid her less than her male counterparts over the course of her employment, also because of her sex. The RICRA count essentially duplicates the FEPA claim, and rises or falls depending on the viability of Plaintiffs FEPA allegations. 1

*228 This matter is before the Court on Defendant Autozone’s Motion for Summary-Judgment with respect to the two remaining counts contained in Plaintiffs Complaint, pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. 2 This Court heard oral arguments on January 10, 2003.

For the reasons that follow, this Court is persuaded by each of Autozone’s arguments and therefore grants its Motion for Summary Judgment as to all of Plaintiffs claims.

I. Summary Judgment Standard

Rule 56(c) of the Federal Rules of Civil Procedure sets forth the standard for ruling on a motion for summary judgment:

The Judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

Fed.R.Civ.P. 56(c). In determining whether summary judgment is appropriate, the court must view the facts in the record and all reasonable inferences therefrom in the fight most favorable to the nonmoving party. Continental Cas. Co. v. Canadian Universal Ins. Co., 924 F.2d 370, 373 (1st Cir.1991). At the summary judgment stage, there is “no room for the measured weighing of conflicting evidence such as the trial process entails, no room for the judge to superimpose his own ideas of probability and likelihood.” Greenburg v. Puerto Rico Mar. Shipping Auth., 835 F.2d 932, 936 (1st Cir.1987). The moving party bears the burden of showing that no evidence supports the nonmoving party’s position. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

With the Rule 56(c) standard as a guide, this Court is also acutely mindful of the care that must be exercised when considering motions for summary judgment in the employment discrimination context See Thomas v. Eastman Kodak Co., 183 F.3d 38, 61 (1st Cir.1999) (noting that courts should be cautious about sua sponte finding non-discriminatory reasons for apparently disparate treatment). Nonetheless, Rule 56(c) compels summary judgment in discrimination cases, even in cases where motive or intent are at issue, if the nonmoving party “rests merely upon con-clusory allegations, improbable inferences, and unsupported speculation.” Straughn v. Delta Air Lines, Inc., 250 F.3d 23, 33 (1st Cir.2001) (citing Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir.2000)).

II. Factual and Procedural Background

In considering a motion for summary judgment, the Court must view the evidence in the fight most favorable to the *229 nonmoving party. Viewing the evidence in this light, the facts in this case are as follows:

Defendant Autozone is a Nevada corporation with its principal place of business in Memphis, Tennessee. Autozone operates a number of retail stores in Rhode Island.

Plaintiff is a Rhode Island citizen. In 1995, Plaintiff began working for a local auto parts store known as Auto Palace. She worked as a part-time cashier in its Cranston, Rhode Island store. As a part-time cashier, Plaintiff was responsible for running the cash register, stocking the store shelves, and assisting store customers. In 1998, Autozone purchased the Auto Palace store where Plaintiff was employed. At the time of the changeover, she was earning $6.25 per hour.

Autozone organized the employees at the Cranston store into four separate job classifications: (1) Customer Service Representative (“CSR”); (2) Parts Sales Manager (“PSM”); (3) Assistant Store Manager (“ASM”); and (4) Store Manager (“SM”). Of these four positions, the PSM, ASM, and SM positions are considered management level positions.

When Autozone took over in March of 1998, it assigned the Plaintiff to the position of part-time CSR based on her experience level and her prior duties as a part-time cashier with Auto Palace. As a CSR, Plaintiffs interaction with store customers increased and she spent more time working with auto parts. Plaintiff had no management duties as a CSR. She was not responsible for any store paperwork, scheduling, or the disciplining of store employees. As a result of her new position, Plaintiff received a $0.34 per hour raise, which increased her salary to $6.59 per hour. Despite this pay raise, Plaintiff testified at her deposition that she was unhappy with the level of the raise because her co-workers had indicated that the pay raise was expected to be higher.

In April of 1998, Plaintiff received a promotion to full-time CSR, which resultéd in an additional raise of $0.33 per hour, bringing her hourly salary to $6.92.

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253 F. Supp. 2d 226, 2003 U.S. Dist. LEXIS 4713, 91 Fair Empl. Prac. Cas. (BNA) 852, 2003 WL 1618125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rathbun-v-autozone-inc-rid-2003.