Ruff v. Target Stores, Inc.

226 F. App'x 294
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 14, 2007
Docket05-2331
StatusUnpublished
Cited by8 cases

This text of 226 F. App'x 294 (Ruff v. Target Stores, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ruff v. Target Stores, Inc., 226 F. App'x 294 (4th Cir. 2007).

Opinions

WILLIAMS, Circuit Judge:

Deborah Ruff appeals the district court’s grant of summary judgment to Target Stores, Inc. (“Target”) on Ruffs claims of age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C.A. §§ 621-634 (West 1999 & Supp.2006), and the North Carolina Equal Employment Practices Act, N.C. Gem.Stat. § 143-422.2 (2005). Ruff argues that the district court erred in finding that she could not show that she was meeting Target’s legitimate expectations or that Target’s justification for terminating her was pretextual and in concluding that she could not proceed under the “mixed-motive” framework established by the Supreme Court in Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989), because she lacked direct evidence of age discrimination. Because Ruff has not provided evidence that would allow a reasonable jury to determine that Target discriminated against her on the basis of age, we affirm.

I.

Because this is an appeal from the district court’s grant of summary judgment to Target, we review the facts in the light most favorable to Ruff. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (noting that all evidence must be construed in the light most favorable to the party opposing summary judgment).

In 1990, Ruff was hired as an area manager at a Target store in Gastonia, North Carolina. Her job required her to manage a particular area of the store, called “hard-lines,” which included merchandise such as electronics, books and sporting goods. Target referred to this position as Executive Team Leader or “ETL” hardlines.1 As part of her job, Ruff managed the entire store on a rotating basis with other area managers. On these days she was the “Leader on Duty” or “LOD.” Ruffs immediate supervisor at the Gastonia Tar[296]*296get was the Store Team Leader, Mark Burud.

Toward the end of the 1990s, Target stores in the Charlotte district, of which Gastonia formed a part, were underperforming. In an effort to boost their profitability, Target hired J.J. Erlbacher as the District Team Leader for the Charlotte district in 2000. At some point after Erlbacher accepted the position, Marvin Glenn Kiser, the Gastonia Target’s Assets Protection Team Leader, heard Erlbacher make a statement to the effect that “he wanted to replace team leaders with younger college graduates, because they were ‘the way of the future for Target.’ ” (J.A. at 632.)2 Kiser could not remember if Erlbacher made the statement before or after Ruff was terminated. Ruff remembers a lunchtime conversation at Target in which another ETL, Bill Plafcan, mentioned that everyone Erlbacher hired seemed to be young and straight out of college. Ruff responded that she had been told that “that was the direction of the company, that ... you could not be an executive anymore unless you were a college graduate.” (J.A. at 347.) Ruff did not have a college degree, but at the time she was hired, Target required “either a college degree or ... years of experience in retail management,” which she did have. (J.A. at 347-48.) She asked Plafcan, who did not have a college degree, “weren’t you hired by [Erlbacher],” and he responded that he “slipped in under the fence before [Erlbacher] got here.” (J.A. at 348.)

Ruff was 47 years old in 2000, when Erlbacher became the Charlotte DTL. After 2000, the scores that she received on her job evaluations began to decline. Ruffs 2000 job evaluation was an 83.2 out of 100, which Target considered “excellent,” although the evaluation identified a number of areas in which Ruffs performanee was weak, such as “effective use of time,” “managing] performance and development plans,” and “establish[ing] clear directions.” (J.A. at 61-73.) Ruff received a score of 75.4 on her 2001 job evaluation, which Target considered “satisfactory plus.” The 2001 evaluation again identified “effective use of time,” “managing] performance and development plans,” and “establishing] clear directions” as areas in which Ruff needed to improve. (J.A. at 83, 219-231.)

In January 2002, Brian Fiala, the Senior Vice President of the North/East Region of Target, conducted a visit to the Gastonia store. Ruff was the LOD on the day of his visit, which meant that she was responsible for the condition of the store. Fiala was very displeased with what he saw and complained to Erlbacher. Fiala expressed concern that product in the back was not being put out on display and also criticized the general condition of the store and the leadership in the building. He was particularly upset that Ruff seemed “nonchalant” about the problems. Erlbacher remembers Fiala remarking that Ruff had “kind of laughed” and made a comment about getting to it later, which Fiala perceived as evidencing a lack of accountability and desire to excel at Target. (J.A. at 132.) According to Erlbacher, Fiala would have preferred that Ruff “be up front with [him]” and let him know that she had a “plan of action” to address the problems. (J.A. at 133.)

In July 2002, Burud told Ruff that Erlbacher wanted her resignation, which Ruff declined to give. Burud explained that a store visit that Erlbacher had conducted had not gone well. Ruff responded that this was because another ETL, Ames Livingston, had left the store in disarray, and merchandise was stacked in the aisles [297]*297when she arrived at the store on the date of the inspection. She asked if Livingston would also be asked to resign. Burud replied that Livingston would “get a message,” but it “[would not] be the same message [as Ruff received] because ... he [was] working on his master’s and [Erlbacher could] see him as a future store manager and [Erlbacher did not] see [Ruff] as ever running a Target store.” (J.A. at 382.) Ruff responded that she had never claimed that she wanted to become a store team leader and that Erlbacher’s predecessor had been aware of and comfortable with her desire to remain an area manager throughout her career at Target.

Ruffs 2002 mid-year job evaluation covered her performance from January to July of that year. Target had changed the format for its evaluations in 2002 and was no longer using a numerical score. Instead, Target had adopted “The E’s of Excellence.” The E’s refer to Energy, Enthusiasm, Execution, and Excellence, and Target has a pamphlet that explains how to excel in each of the E’s. Ruff was rated medium low in all E’s except enthusiasm, in which she was medium. The evaluation included comments explaining the rating under each E. The comments indicated that she needed to “hold her team accountable,” “manage performance consistently,” “manage execution consistent everyday,” and that “consistent brand management must be achieved each day.” (J.A. at 87.) The new format also rated the employee’s performance as either “meeting expectations” or “not meeting expectations.” Ruffs evaluation indicated that she was not meeting expectations. Ruff questioned the validity of criticism contained in the 2002 mid-year evaluation, because much of it related to incidents that occurred early in the year and had never been previously discussed with her; these incidents included poor inspections in January, February, March, and April. There was no independent documentation supporting the criticism.

Over the next two months, Burud documented several instances in which Ruffs performance was lacking.

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Bluebook (online)
226 F. App'x 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruff-v-target-stores-inc-ca4-2007.