Rivera v. Continental Airlines

56 F. App'x 567
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 9, 2003
Docket01-3653
StatusUnpublished

This text of 56 F. App'x 567 (Rivera v. Continental Airlines) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rivera v. Continental Airlines, 56 F. App'x 567 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

FUENTES, Circuit Judge.

The United States District Court for the District of New Jersey found that Jacqueline Rivera (“Rivera”), a Puerto Rican female, failed to show a genuine issue of material fact as to whether her former employer’s proffered reason for her discharge was a pretext, and thus granted summary judgment to Continental Airlines, Inc. (“Continental”) on Rivera’s gender, national origin, and retaliation-based discrimination claims. Because we agree that no reasonable jury could find for Rivera based on the facts of this case, we affirm the Order of the District Court.

I. Facts and Procedural History

Because we write solely for the parties, our review of the factual background is limited to that which is necessary to inform our opinion today. Rivera filed a complaint in the New Jersey Superior Court, Essex County, on January 30, 1998 against her former employer, Continental, and three of her former supervisors. Continental removed the case to the United States District Court for the District of New Jersey on March 26, 1998. On June 13, 2001, the District Court issued an order granting summary judgment to Continental. On July 5, 2001, Rivera sought reconsideration of the June 13, 2001 order. Rivera then appealed the denial of reconsideration and by so doing brought up the underlying summary judgment grant of June 13, 2001 for review. The orders which she appeals had dismissed her claims under the New Jersey Law Against Discrimination (“NJLAD”), of gender discrimination, national origin discrimination, and retaliation for filing discrimination charges with the Equal Employment Opportunity Commission (“EEOC”).

On May 6, 1992, Rivera applied for a position with Continental as a dining services clerk at Newark International Airport and received a job offer that same day. In 1993, she applied for a position as a security investigator with the company, but Continental hired two white males instead. As a result, on December 29, 1993, Rivera filed charges of national origin and gender discrimination with the EEOC. On August 31, 1995, the EEOC concluded that Rivera’s gender discrimination claim was meritless but that reasonable cause may have existed as to her national origin claim. However, Rivera neglected to file suit within the 90 day period of the applicable statute. The decision of the EEOC called for Continental to join with the EEOC to reach a “just resolution of this matter,” but no settlement was ever negotiated.

On December 26, 1993, Rivera’s supervisors cited her for tardiness. A week later, Rivera received a verbal warning about her work from one of her supervisors. On January 14, 1994, Katherine Churchill and Denise Danielle, two of Rivera’s supervisors, suspected Rivera of using a con *569 trolled substance while on duty. On January 31, 1994, Churchill suspended Rivera with pay pending an investigation. On that same day, Rivera submitted to a drug test, which she passed. Rivera returned to work on February 6, 1994, and received a written notice of performance deficiencies the next day. As a result of these incidents, on February 17, 1994, Rivera filed a second EEOC charge, alleging retaliation for filing her initial complaint of discrimination. On March 2, 1995, Rivera amended her second EEOC complaint to include additional instances of alleged retaliation. The EEOC rendered a “no cause” determination on her second charge on November 24,1995.

In January 1996 Rivera was accused of reserving first-class seats for her personal use on a flight from Newark to San Francisco, in violation of company policy. On January 31, 1996, Michael Brzostow-ski, then Continental’s Assistant Director of Customer Service in Newark, received a memorandum from Continental security explaining Rivera’s alleged misconduct. At a meeting on February 1, 1996, Brzostowski met with Rivera to discuss the allegations and handed her a letter of termination. Based on the meeting, Brzostowski believed that Rivera either had improperly blocked the seats for herself, or had permitted someone to do so using her computer “sine,” for which she alone bore responsibility. Rivera refused to sign the termination letter. Instead, she wrote a letter of resignation to the company.

II. Jurisdiction and Standard of Review

We exercise jurisdiction under 28 U.S.C. § 1291 over a final decision of a district court. We exercise plenary review over a district court’s grant of summary judgment and review the facts in the light most favorable to the party against whom summary judgment was entered. See Brooks v. Kyler, 204 F.3d 102, 105 n. 5 (3d Cir. 2000). Summary judgment is proper if there is no genuine issue of material fact and if, viewing the facts in the light most favorable to the non-moving party, the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). At the summary judgment stage, the judge’s function is not to weigh the evidence and determine the truth of the matter, but to determine whether there is a genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

III. Discussion

A.

Under the NJLAD, when an employee alleges discrimination in hiring because of race, creed, color, national origin, ancestry, age, marital status, or sex, his or her claim is analyzed under the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See Jansen v. Food Circus Supermarkets, Inc., 110 N.J. 363, 380-81, 541 A.2d 682 (1988). If a plaintiff establishes a prima facie case of discrimination, the burden of production then shifts to the defendant to articulate “evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminatory reason.” Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 254, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). If the employer offers such evidence, then the plaintiff must rebut the employer’s explanation by demonstrating that the defendant’s proffered reasons were a pretext for discrimination. Reeves v. Sanderson Plumbing Products, *570 Inc., 530 U.S. 133, 143, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).

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