Scola v. Publix Super Markets, Inc.

902 F. Supp. 2d 1083, 2012 WL 4794041, 2012 U.S. Dist. LEXIS 145312
CourtDistrict Court, E.D. Tennessee
DecidedOctober 9, 2012
DocketNo. 1:11-CV-101
StatusPublished
Cited by6 cases

This text of 902 F. Supp. 2d 1083 (Scola v. Publix Super Markets, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scola v. Publix Super Markets, Inc., 902 F. Supp. 2d 1083, 2012 WL 4794041, 2012 U.S. Dist. LEXIS 145312 (E.D. Tenn. 2012).

Opinion

MEMORANDUM

CURTIS L. COLLIER, District Judge.

Before the Court is a motion for summary judgment filed by Defendant Publix Super Markets, Inc. (“Defendant” or “Pub-lix”) (Court File No. 12). Plaintiff Elaine Scola (“Plaintiff’) submitted a response (Court File No. 16) and Defendant submitted a reply (Court File No. 17). For the following reasons, the Court will GRANT Defendant’s motion for summary judgment (Court File No. 12).

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Elaine Scola was hired as a part-time cashier at Defendant Publix Super Markets, Inc. in Ooltewah, Tennessee on November 15, 2008 (Court File No. 16-3 (“Scola Dep.”), at 30, 33). At the time she was hired, Plaintiff was 56 years old (id. at 13). Prior to working at Publix, Plaintiff worked as owner and manager of a family-run business from 1985 to 2003 (id. at 24-25).

Plaintiffs cashier duties included making correct change, ringing up customers, bagging groceries, and assisting customers in finding groceries (id. at 39). Cashiers also must know how to operate the cash register. Finally, cashiers have some “front office” duties such as making refunds and giving customers money orders (id. at 39). According to Defendant, the cashier position is part of the store’s Customer Service Department and all the employees in the department report to the [1088]*1088customer service manager (Court File No. 14-6 (“Wilcox. Dep.”) at 11). Amanda Wilcox was the customer service manager when Plaintiff first started (Scola Dep. at 74-75). She was replaced by Patti Roberts in September 2010. Jeri Neumann was the assistant customer service manager (id). Other individuals in management relevant to the case are John Westall, district manager from April 2010 to April 2012; Todd Walker, Plaintiffs store manager; and Isaiah Hall, Plaintiffs assistant store manager.

In December 2008 Plaintiff submitted a Registration of Interest (“ROI”) form indicating she was interested in a customer service staff (“CSS”) or administrative coordinator position (Scola Dep. at 110-12). She submitted a new form approximately every six months after submitting her initial request (id). The cashier, administrative coordinator, and CSS positions are all hourly, nonmanagement positions (id at 74; Court File No. 14-7 (“Westall Dep.”) at 82). Plaintiff acknowledges that all positions are hourly unless you are a manager (Scola Dep. at 74).

The CSS position involves some work at the front office. According to Plaintiff, those duties include but are not limited to handling customer questions, “ringing up and scanning groceries for [] customers, selling lottery tickets, [and] counting down lottery tickets” (Scola Dep. at 113). The CSS may also act as a “front end coordinator.” According to Plaintiff, the front end coordinator gets to coordinate breaks, assign registers to incoming employees, make sure the shopping carts are brought in, make sure associates get their breaks, and assign nightly tasks to associates (id at 115). The CSS can also perform certain cash-handling tasks that cashiers cannot perform (id at 114, 121-22). Although Plaintiff has had opportunities to perform some of the front office and front end coordinator tasks, a number of those tasks are not part of the cashier job description (id at 117,119-22).

Since Plaintiff submitted her first ROI form, Rachel Barnes, Gina Saches, Heather Borges, and Kelly Simpson have been placed in the CSS position at the Ooltewah store (Scola Dep. at 139-40).1 Rachel Barnes, Gina Saches, and Heather Borges changed positions from cashier to CSS during or slightly after June 2009 (id at 143-45). Kelly Simpson changed positions from cashier to CSS near the end of 2009 (id at 146).2

Other individuals who have worked at the Ooltewah store in the CSS position since Plaintiff submitted her ROI form include Marcia Trumbull, Nicole Pendergrass, Angela Anderson, and James Cor-dell. Marcia Trumbull previously worked for Publix as a CSS and was rehired into the CSS position in November 2009 (id at 139-40; Court File No. II).3 Nicole Pendergrass has been working as a CSS since March 2009 (Court File No. 11), but also previously worked as a CSS when the store opened in 2008. Additionally, she has held the position of customer service team lead (Court File No. 11; Wilcox Dep. at 52). Finally, James Cordell and Angela Anderson transferred from Publix stores in Georgia and Florida to the Ooltewah store in June and July 2010, respectively (Court File No. 11; Scola Dep. at 141; Wilcox Dep. at 50-51, 53, 73). Both [1089]*1089worked in the CSS position prior to their transfer (id.).

According to Plaintiff, the administrative coordinator helps train new associates and monitors a computer training program (Scola Dep. at 112). The Ooltewah store only has one administrative coordinator, Ginger Teems (Court File No. 11). Ms. Teems, who is 54 years old, has held this position the entire time Plaintiff worked at the store (Court File No. 11; Scola Dep. at 112-13).

The general process for hiring at Publix is as follows. Step one involves management reviewing the Associate Registering an Interest (“ARI”) report, which shows all the employees who have expressed an interest in a position by filling out the ROI form (Westall Dep. at 34). The second step requires that the employee satisfy the minimum requirements for the position she is seeking (id.). Step three provides that management can select an employee who meets the minimum qualifications for the position from the store-specific ARI report. Finally, step four allows management to select an employee who meets the minimum qualifications from the district-specific ARI report or any other applicant (Court File No. 16-10 (“Roberts Dep.”), at 125-26). According to Defendant, the store may vary from this process due to an employee’s “poor performance, availability, or other job-related reasons” (Westall Dep. at 35). Defendant also contends it will try to “make room” for associates that need to transfer and help them maintain their pri- or employment status even if there may not have otherwise been an available position (Wilcox Dep. at 55-56; McConnell Dep. at 76-77).

The parties dispute Plaintiff’s work performance record. Plaintiff received regular evaluations as an employee at Publix. Her evaluation scores show she met store expectations (Scola Dep. at 76, 80-82, 88-89, 94-95, 98-99; Court File No. 14-2 (“Pl.’s Dep. Ex.”) at 6-11), although Defendant contends a score of “meets expectations” is an “average” rating (Court File No. 14-3 (“Walker Dep.”), at 81; Roberts Dep. at 129). In the written comments section of Plaintiffs evaluations, management highlighted her strengths as well as areas where she needed improvement (see Pl.’s Dep. Ex. 6-11). Plaintiff has received a few awards from management for her customer service (Scola Dep. at 241-42; Court File No. 16-7 (“Neumann Dep.”), at 105-06). However, Defendant claims it has had some problems with Plaintiffs interactions with customers and fellow employees; none of those interactions resulted in Plaintiff receiving a written reprimand though (Walker Dep. at 62-65; 175-79). According to Defendant, Plaintiffs availability to work changed often while she worked at the Ooltewah store (Walker Dep. at 71-72; Wilcox Dep. at 61-62, 70, 128; Scola Dep. at 43-66). Plaintiff, however, offers evidence showing all of her “time away from work” requests were granted (Scola Dep. at 43).

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Cite This Page — Counsel Stack

Bluebook (online)
902 F. Supp. 2d 1083, 2012 WL 4794041, 2012 U.S. Dist. LEXIS 145312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scola-v-publix-super-markets-inc-tned-2012.