Strickland v. Federal Express Corp.

45 F. App'x 421
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 29, 2002
DocketNo. 00-6562
StatusPublished
Cited by4 cases

This text of 45 F. App'x 421 (Strickland v. Federal Express Corp.) 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
Strickland v. Federal Express Corp., 45 F. App'x 421 (6th Cir. 2002).

Opinion

PER CURIAM.

Cynthia Strickland appeals the order of the district court granting her employer, Federal Express Corporation, summary judgment on her claims under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. Strickland alleges that she was discharged from her position as Senior Training Specialist in Federal Express’s Latin American and Caribbean Division because of her age. At the time of her discharge, Strickland was fifty years old. The district court held that there was no genuine issue of material fact that she was not qualified for her position, failing a crucial element of the prima facie case for discrimination. Additionally, the district court determined that there was no genuine issue of material fact that Federal Express’s proffered explanation for Strickland’s discharge, her nonage-related discipline record, was not pre-textual. For the reasons set forth below, we affirm the district court’s summary judgment.

I

Strickland started with Federal Express in 1981 as a data processing operator. She progressed through the ranks and, in 1996, became a senior training specialist for the Latin American and Caribbean Division of Federal Express. Her duties involved the development and execution of training programs for Federal Express employees.

The incidents that are the subject of her complaint began in early 1996 when Rosa Lindahl, who was then age 36, was appointed as Strickland’s immediate supervisor and permanent manager of a work group of about ten employees. By October 1996, Lindahl had held several discussions with Strickland regarding her job performance, noting that Strickland ad[423]*423dressed other employees and managers in a “contentious and non-constructive manner” and that she needed to develop a more effective style of “problem solving.” On September 23, 1996, Strickland circulated a letter to the entire workgroup, strongly criticizing Lindahl for her ignoring of the staffs problems and depicting a recent bonus that she had authorized for the employees as a charade. As a result of the September 23 letter, Federal Express issued a first warning letter on October 7, 1996. In the warning letter, Federal Express said that it was an error for Strickland to circulate the letter to other members of her work group without the authorization of her manager and that the content of the letter was “distorted, insolent, and openly disrespectful of [her] manager, [and] demonstrated a malicious rather than constructive approach to management feedback.” Strickland contended that feedback provided to managers was protected conduct and could not be subject of discipline.

On April 3, 1997, Lindahl issued a second warning letter, reprimanding Strickland for an angry and loud confrontation that Strickland had with fellow employees. That same day, Lindahl issued a performance reminder for Strickland’s failure to complete on time the training program that she had been compiling. According to Federal Express policy, however, the issuance of two warning letters was sufficient for termination, and Strickland was terminated on April 11,1997.

Strickland filed two complaints of discrimination with the EEOC. The EEOC issued a notice of a right to sue on the complaints, and Strickland filed this action in district court on March 16, 1999. Strickland claimed that Federal Express had terminated her because of her age or, in the alternative, had retaliated for her complaints. Strickland alleged that Federal Express was retaliating for her September 23, 1996 memorandum criticizing management, but containing no allegation of age discrimination, and an EEOC complaint of age discrimination that she filed on April 3,1997.

After discovery, Federal Express moved for summary judgment. The district court granted the motion with regard to all of Strickland’s claims. The court held that two crucial questions — whether Strickland was “qualified” for her position, as required to establish her prima facie case, and whether Federal Express’s proffered reason for her termination was merely pretext for actual discrimination — presented only one issue: whether StricMand was performing her job adequately. In either case, Strickland presented no evidence that the incidents for which she was reprimanded had not occurred or of any discriminatory animus which otherwise had motivated the terminations.

Strickland now appeals the district court’s summary judgment.

II

Age discrimination claims are subject to the burden-shifting scheme of McDonnell Douglas v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), modified for the age discrimination context. Accordingly, the plaintiff must establish a four-part prima facie case: (1) that she was at least forty years old at the time of the alleged discrimination; (2) that she was subjected to an adverse employment action; (3) that she was “otherwise qualified for her position;” and (4) that she was replaced “by someone substantially younger.” Bush v. Dictaphone Corp., 161 F.3d 363, 368 (6th Cir.1998); Scott v. Goodyear Tire & Rubber Co., 160 F.3d 1121, 1126 (6th Cir.1999). See also Cicero v. Borg-Warner Automotive, Inc., 280 F.3d 579, 583 (6th Cir.2002). If the plaintiff establishes her prima facie case, the burden of production shifts to the defendant to offer [424]*424a non-discriminatory reason for the adverse employment action. When the defendant offers such a reason, the plaintiff continues to bear her burden of persuasion, which may be met by showing that the proffered reason is mere pretext for invidious discrimination.

Strickland was fifty years old at the time of her termination, she was fired, and she was replaced by someone younger than forty.

The district court held that Strickland was not otherwise qualified for her position because her disciplinary record indicated that she was not adequately performing her job. The test for determining whether an employee is otherwise qualified is whether “he was doing his job well enough to meet his employer’s legitimate expectations.” Dews v. A.B. Dick Co., 231 F.3d 1016, 1023 (6th Cir.2000); Chappell v. GTE Products Corp., 803 F.2d 261, 266 (6th Cir.1986). Strickland argues that her prior awards for exemplary service, the latest being the Bravo Zulu Award in June 1996, and her prior satisfactory performance reviews raise a genuine issue of material fact that she was otherwise qualified for the position. The evidence that Strickland offers, however, suffers from staleness. To establish her prima facie element of being otherwise qualified, she must show that she was qualified at the time of her termination. Strickland presents no evidence that she was otherwise qualified after Lindahl took over as manager. Perhaps her performance changed. Perhaps Federal Express’s expectations changed.

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Bluebook (online)
45 F. App'x 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-federal-express-corp-ca6-2002.