Spencer Carter, III v. Toyota Tsusho America, Inc.

529 F. App'x 601
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 2, 2013
Docket12-5384
StatusUnpublished
Cited by22 cases

This text of 529 F. App'x 601 (Spencer Carter, III v. Toyota Tsusho America, Inc.) 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
Spencer Carter, III v. Toyota Tsusho America, Inc., 529 F. App'x 601 (6th Cir. 2013).

Opinion

HELENE N. WHITE, Circuit Judge.

Plaintiff Spencer J. Carter, III (Carter), appeals the district court’s grant of summary judgment in favor of his former employer, Defendant Toyota Tsusho America, Inc. (TAI), dismissing Carter’s race- and age-based employment discrimination claims brought under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. *603 § 2000e-2(a)(l), the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623(a)(1), and the Kentucky Civil Rights Act (KCRA), Ky.Rev.Stat. Ann. § 344.040(1). We AFFIRM.

I.

A.

1. TAI hires Carter to manage its information technology department

TAI supplies steel and related materials to the car manufacturing industry. Prior to joining TAI, Carter had nearly twenty years of management experience in information technology (IT). One of TAPs officers, William Wiener, interviewed Carter for employment and recommended him for hire. In January 2002, TAI hired Carter as the general manager of its IT department, based at TAI’s Georgetown, Kentucky location. In this position, Carter was “responsible for directing, organizing, planning and controlling the IT [department in accomplishing TAI goals and objectives across all locations. This include[d] coordinating with and guiding other departments to achieve the most productive and cost effective solutions to their IT projects.” Carter’s leadership position required him to manage the day-to-day operations of the department. As Carter confirmed at his deposition, the position also required him to have a vision to translate TAI goals and objectives into action.

Shortly after TAI hired Carter, Wiener became the company’s chief operating officer and Carter’s direct supervisor. Wiener acted as Carter’s supervisor until December 2007, which is when Carter began indirectly reporting to Wiener through Larry Keiser, the supervisor who ultimately recommended Carter’s termination to Wiener.

Wiener’s office was based in New York and he traveled to Georgetown on a monthly basis. According to Carter, Wiener rated his job performance as meeting expectations or better. However, Wiener testified that he had given Carter only “midline” ratings on performance reviews, and stated that Carter had not met the company’s expectations for several years.

TAI did not produce written reviews that Carter alleges exist. TAÍ maintains that such written reviews never existed. Carter thus points to his salary increases as evidence that he met or exceeded company standards. Under TAI performance standards, employees are rated as outstanding, exceeding expectations, meeting expectations, or below expectations. An employee’s salary increase is determined based on a weighted formula that takes into account the score from the employee’s individual performance rating, as well as ratings for that employee’s section and the overall company rating. For IT employees, the individual rating (consisting of an alpha or numeric score issued by the employee’s supervisor) has the most weight.

Carter started at TAI with an annual salary of approximately $110,000. From 2003 to 2007, Carter received the following annual percentage increases in his salary:

2003: 5.00 percent ($115,499.80)
2004: 3.45 percent ($119,483.936)
2005: 3.61 percent ($123,800.04)
2006: 3.30 percent ($127,885.47)
2007: 3.50 percent ($132,361.01)

Under company guidelines, employees who perform below exceptions would receive salary increases of about two percent or less. By contrast, employees evaluated as exceeding expectations would be entitled to a 3.6 to 4.4 percent salary increase, with a 3.5 percent target increase for all employees meeting expectations.

*604 2. Executive coaching

In early 2007, Wiener referred Carter to an outside consultant, Lisa Morgan, for executive coaching. Morgan testified that TAI paid about $10,000 for the six-month program, the coaching for Carter was not punitive, and a company does not usually invest in coaching unless it feels that the employee will be part of its future. The coaching program has two phases: assessment and development. During the assessment phase, Morgan conducted a 360 Degree Feedback Evaluation Report (360 Report or the report) regarding Carter’s leadership practices based on responses from Wiener, as well as Carter’s colleagues and subordinates. The report indicated that Carter’s weakest skills involved “strategy integration with visioning, strategic thinking, and managing change.” Morgan testified that vision and strategy were very important skills for Carter to develop to be an effective manager. Further, Morgan stated that the report revealed a “significant gap” between how Carter viewed himself and how his coworkers viewed him. Carter rated himself higher than Wiener and his coworkers rated him on questions regarding leadership, building relationships, results orientation, and strategy. Although Carter received some positive feedback from coworkers on the report’s open-ended questions, the report also included the following feedback as suggestions for Carter to be more effective: “team builder”; “be more decisive”; “provide leadership in how to improve the overall organization with IT technology advances”; “communicate more with staff’; “pay careful attention to morale issues”; “gives the ‘impression’ that he has his best interest in mind rather than the department”; “higher focus on leadership”; and “better execution of projects and special requirements.”

Following the assessment, Carter and Morgan prepared a “development plan” that identified the following areas for improvement: visioning and strategic thinking, inspirational leadership, and managing change and building commitment. However, they did not implement the development plan because Morgan shifted her focus to address Wiener’s immediate concerns about Carter’s leadership of the IT department. Among the specific issues that triggered Wiener’s concerns were wires hanging from a conference room ceiling at the Georgetown location (a problem that fell under the IT department’s responsibility and that had not been fixed for eight months) and that he felt that he had to monitor two of Carter’s projects “very intensely” to make sure that IT users were satisfied.

To address Wiener’s concerns, Carter and Morgan developed a new plan to address Carter’s communication, execution, and organization skills: the C.E.O. plan. Carter devised the plan’s title and presented the plan to Wiener. Carter testified that these were three areas in which he intended to improve and Wiener had told him that he needed improvement. In addition to general objectives, the plan listed specific issues that Carter needed to address (such as hiring staff for vacant positions and reviewing certain contracts) or had just recently addressed (such as ensuring that boardrooms were properly equipped for meetings and eliminating clutter). At his deposition, Carter did not dispute that Wiener had expressed concerns that he lacked a vision or strategy for the IT department.

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

Related

David Hieber v. Oakland County, Mich.
136 F.4th 308 (Sixth Circuit, 2025)
Collins v. Detroit, City of
E.D. Michigan, 2025
McGrady v. Mattis
M.D. Tennessee, 2019
Wasserstrom v. Battelle Mem. Inst.
2016 Ohio 7943 (Ohio Court of Appeals, 2016)
Treadway v. California Products Corp.
659 F. App'x 201 (Sixth Circuit, 2016)
Ceglia v. Youngstown State Univ.
2015 Ohio 2125 (Ohio Court of Appeals, 2015)
Reed v. American Cellular, Inc.
39 F. Supp. 3d 951 (M.D. Tennessee, 2014)
Yanise Germain v. Teva Pharmaceuticals, USA, Inc
756 F.3d 917 (Sixth Circuit, 2014)
Leandra Allen v. Nutrisystem Inc
546 F. App'x 98 (Third Circuit, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
529 F. App'x 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-carter-iii-v-toyota-tsusho-america-inc-ca6-2013.