Van Dine v. Robert Bosch Corp.

62 F. Supp. 2d 644, 1999 U.S. Dist. LEXIS 13866, 1999 WL 704696
CourtDistrict Court, D. Connecticut
DecidedAugust 20, 1999
Docket3:96-cv-01734
StatusPublished

This text of 62 F. Supp. 2d 644 (Van Dine v. Robert Bosch Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Dine v. Robert Bosch Corp., 62 F. Supp. 2d 644, 1999 U.S. Dist. LEXIS 13866, 1999 WL 704696 (D. Conn. 1999).

Opinion

RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

EGINTON, Senior District Judge.

Plaintiff, Wesley Van Dine, alleges that defendant, Robert Bosch Corporation (“Bosch”), violated the Age Discrimination in Employment Act (“ADEA”).

The defendant has moved for summary judgment as a matter of law. For the following reasons, defendant’s motion will be granted.

BACKGROUND

Plaintiff and defendant have submitted statements of facts supported by affidavits and exhibits. These submissions reveal the following undisputed facts.

Plaintiff was formerly a District Service Manager in Bosch’s Field Service Department, which department serves independent automotive or diesel repair shops authorized to service Bosch components. At the time of plaintiffs employment, District Service Managers worked with automotive repair shops, and Diesel Service Technicians worked with diesel repair shops.

The District Service Manager and Diesel Service Technician positions required different areas of expertise. Diesel Service Technicians were required to be proficient in diesel fuel injection systems, diesel inline injection pumps, governors, and electronics for heavy-duty diesel vehicles such as large trucks and tractors. District Service Managers were required to have knowledge of passenger vehicle ignition systems, passenger vehicle electronics, and gasoline fuel injection systems.

Since plaintiff was a District Service Manager, he worked primarily with automotive components and had not, for at least the last 13 years of his career with Bosch, participated in any of Bosch’s formal diesel training programs.

Performance evaluations from 1990 to 1993 reveal that plaintiff consistently met Bosch’s standards but was not often rated above that standard.

In 1994, Bosch reduced its financial allocation to the Field Service Department, which necessitated a reduction in force (“RIF”). Albert Krenz, the Service Department Manager, decided to reduce the Field Service Department staff by eliminating two of the five District Service Managers and two of the three Diesel Service Technicians. To determine which employees would be terminated, Bosch used an age-neutral performance matrix.

In February, 1994, Krenz and John Roberson, the Field Service Manager, each completed the performance matrix for the District Service Manager and Diesel Service Technician positions. Krenz’s and Roberson’s performance matrix evaluations each rated three of the District Ser *646 vice Managers above the plaintiff and Roger Cañamar, another District Service Manager, who was then 38 years old. Krenz and Roberson also rated Willie Champion, who was then age 54 years, highest among the three Diesel Service Technicians. Therefore, on February 28, 1994, Bosch terminated the positions of plaintiff, Cañamar and the two Diesel Service Technicians who had been rated below Champion. On the date of his termination, plaintiff was 57 years old.

After the RIF, Roberson and Krenz decided that the remaining District Service Managers would assume responsibilities to support the diesel repair shops, and that Champion, the remaining Diesel Shop Technician, would assume responsibilities to support the automotive repair shops. Champion conducted extensive training sessions with the District Service Managers on issues of diesel repair. However, since Champion already had a background in automotive repair, he did not require further training.

At present, the four remaining service representatives have the job title of District Service Manager, but they perform both automotive and diesel duties with a designated territory. Champion is responsible for territory that was formerly designated to the plaintiff.

DISCUSSION

A. Standard of Review

A motion for summary judgment will be granted where there is no genuine issue as to any material fact and it is clear that the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “Only when reasonable minds could not differ as to the import of the evidence is summary judgment proper.” Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.), cert. denied, 502 U.S. 849, 112 S.Ct. 152, 116 L.Ed.2d 117 (1991).

The burden is on the moving party to demonstrate the absence of any material factual issue genuinely in dispute. American International Group, Inc. v. London American International Corp., 664 F.2d 348, 351 (2d Cir.1981). In determining whether a genuine factual issue exists, the court must resolve all ambiguities and draw all reasonable inferences against the moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). If a nonmoving party has failed to make a sufficient showing on an essential element of his case with respect to which he has the burden of proof, then summary judgment is appropriate. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548. If the nonmoving party submits evidence which is “merely colorable,” legally sufficient opposition to the motion for summary judgment is not met. Anderson, 477 U.S. at 249, 106 S.Ct. 2505.

B. Age Discrimination

Plaintiff alleges disparate treatment in violation of the ADEA because a younger, lower-paid Bosch employee became the District Service Manager for his former territory after his termination.

The Court must analyze this disparate treatment claim according to the burden shifting process established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) and Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 252-56, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). It is well settled that to establish a prima facie claim of discrimination, the plaintiff must demonstrate that (1) he belongs to a protected class; (2) he was performing his or her duties satisfactorily; (3) he suffered an adverse employment action; and (4) the adverse employment action occurred under circumstances giving rise to an inference of discrimination. Although the plaintiffs initial burden is not onerous, he must show that his termination was not made for legitimate reasons. Thomas v. St. Francis Hospital and Medical Center, 990 F.Supp. 81, 86 (D.Conn.1998).

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Related

McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Texas Department of Community Affairs v. Burdine
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Edward J. Brown v. M & M/mars
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Thomas v. Saint Francis Hospital & Medical Center
990 F. Supp. 81 (D. Connecticut, 1998)
Donaldson v. Merrill Lynch & Co., Inc.
794 F. Supp. 498 (S.D. New York, 1992)
Tighe v. All Brand Importers, Inc.
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Lopez-Medina v. United States
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Bluebook (online)
62 F. Supp. 2d 644, 1999 U.S. Dist. LEXIS 13866, 1999 WL 704696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-dine-v-robert-bosch-corp-ctd-1999.