Stooksbury v. Rohm & Haas Tennessee, Inc.

71 F. App'x 444
Court of Appeals for the Sixth Circuit·Decided May 28, 2003·No. No. 01-6273·Published·Cited by 1 cases

Opinion

OPINION

PER CURIAM.

This appeal consists of three lawsuits in which thirty-six plaintiffs alleged that Defendant Rohm & Haas Company (“Rohm & Haas”) discriminated against them based on age, in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. (“ADEA”), and the Tennessee Human Rights Act, Tenn.Code Ann. §§ 4-21-101 et seq. (“THRA”), when it failed to hire them fourteen years after they had been laid off pursuant to a reduction-in-force. The district court granted Defendant’s motion for summary judgment on the ground that Plaintiffs failed to raise a genuine issue of material fact as to whether they had been discriminated against because of age when Rohm & Haas did not hire them. Plaintiffs now appeal the grant of summary judgment, arguing (1) that the district court erred in failing to conduct its analysis under a pattern or practice framework; and (2) that summary judgment was inappropriate under the McDonnell Douglas framework because Plaintiffs raised genuine issues of material fact as to whether they were qualified for positions at Rohm & Haas and whether Defendant’s reasons for failing to hiring Plaintiffs were pretextual. For the reasons discussed herein, we AFFIRM the judgment of the district court.

In 1996-1997, four age discrimination cases were filed against Rohm & Haas by former employees who had been laid off during a 1982 reduction-in-force at the company’s Knoxville plant. In each case, the Plaintiffs, none of whom had worked for Rohm & Haas since being laid off, alleged that the company refused to hire them because of their age when they applied for employment in the mid-1990s. The Plaintiffs also claimed that the company’s newly adopted hiring criteria were a pretext for discrimination. In the first action, Browning v. Rohm & Haas Tenn., Inc., 16 F.Supp.2d 896 (E.D.Tenn.1998), the district court granted Defendant’s motion for summary judgment, and a panel of this Court affirmed on appeal, 194 F.Bd 1311 (6th Cir.1999) (table), cert. denied, 530 U.S. 1243, 120 S.Ct. 2688, 147 L.Ed.2d 960, rehearing denied, 530 U.S. 1296, 121 S.Ct. 16, 147 L.Ed.2d 1039 (2000). While the appeal was pending in Browning, the three other cases were consolidated. On October 6, 2000, Defendant filed a motion for summary judgment, which the district court granted on September 7, 2001. Plaintiffs timely initiated the current appeal.

Plaintiffs first argue that the district court erred in failing to consider the pattern or practice framework in evaluating their claims, noting that the McDonnell Douglas framework does not apply to such claims. Plaintiffs maintain that they alleged a pattern or practice theory in their complaints and also filed a supplemental brief with the district court, in which they asserted that the McDonnell Douglas framework does not apply to a pattern or practice case at the summary judgment stage. Relying on Tkiessen v. General Electric Capital Corporation, 267 F.3d 1095 (10th Cir.2001), Plaintiffs contend that the district court inappropriately analyzed their claims, and that summary judgment is inappropriate as to their [446]*446claims under a pattern or practice theory of discrimination.

The district court did not err when it failed to consider Plaintiffs’ claims under a pattern or practice framework. First, Plaintiffs did not properly raise their discrimination claims under a pattern or practice theory. Plaintiffs never filed a trial plan stating that they were proceeding only under a pattern or practice framework. Nor did Plaintiffs notify the district court or Defendant that they were proposing a bifurcated proceeding under the pattern or practice theory. Moreover, while Plaintiffs’ complaints state in a conclusory fashion that Defendant engaged in a pattern or practice of discrimination, Plaintiffs’ response to Defendant’s motion for summary judgment focused on their individual disparate treatment claims and the treatment of such claims under the McDonnell Douglas framework. Plaintiffs mention the pattern or practice framework, as well as a disparate impact theory of discrimination, only as an additional methods to prove their claims. Consequently, they cannot now argue that the district court’s analysis under the McDonnell Douglas framework was inappropriate.

In any event, even if the pattern or practice theory were properly raised, Plaintiffs would not be entitled to relief under this theory. During the first stage of a pattern or practice case, the plaintiffs burden is “to demonstrate that unlawful discrimination has been a regular procedure or policy followed by an employer or group of employers.” Int’l Bhd. of Teamsters v. United States, 431 U.S. 324, 360, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977). The “plaintiff bears the burden of showing ‘by a preponderance of the evidence that [age] discrimination was the company’s standard operating proeedure-the regular rather than the unusual practice.’ ” Adams v. Ameritech Services, Inc., 231 F.3d 414, 422 (7th Cir.2000) (quoting Teamsters, 431 U.S. at 336, 97 S.Ct. 1843). In this case, Plaintiffs have failed to raise a genuine issue of material fact that the hiring policy at issue is discriminatory. The hiring criteria are age neutral, and there is no evidence to suggest that Rohm & Haas implemented the criteria in order to discriminate against older workers. Cf. Thiessen, 267 F.3d 1095 (Involving allegations of a blocker policy, aimed at removing older employees who were blocking the advancement of younger, newly recruited employees). Since Plaintiffs have not submitted evidence from which a reasonable jury could conclude that the adoption of the hiring criteria was motivated by discriminatory reasons, or that age discrimination was the company’s standard operating procedure, Plaintiffs would not succeed under a pattern or practice theory.

Plaintiffs also argue that the district court erred in its application of the McDonnell Douglas framework. First, Plaintiffs contend that the district court incorrectly used the company’s nondiscriminatory explanation for its hiring decision — its hiring criteria — as the benchmark for determining whether Plaintiffs were qualified for chemical operator positions. Plaintiffs argue that there is a genuine issue of material fact as to whether they were qualified.

This argument lacks merit. In Wexler v. White’s Fine Furniture, 317 F.3d 564 (6th Cir.2003) (en banc), this Court “explicitly set forth what is required for a plaintiff to satisfy the qualification prong of the prima facie test” in a discrimination action. Id. at 575. According to the Court,

At the prima facie stage, a court should focus on a plaintiffs objective qualifications to determine whether he or she is qualified for the relevant job. The pri[447]

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Stooksbury v. Rohm & Haas Tennessee, Inc., 71 F. App'x 444 (6th Cir. 2003).

71 F. App'x 444 (Stooksbury v. Rohm & Haas Tennessee, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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