Vatel v. Alliance of Automobile Manufacturers

627 F.3d 1245, 393 U.S. App. D.C. 305, 2011 U.S. App. LEXIS 855, 94 Empl. Prac. Dec. (CCH) 44,079, 111 Fair Empl. Prac. Cas. (BNA) 389, 2011 WL 117069
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 14, 2011
Docket10-7013
StatusPublished
Cited by152 cases

This text of 627 F.3d 1245 (Vatel v. Alliance of Automobile Manufacturers) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vatel v. Alliance of Automobile Manufacturers, 627 F.3d 1245, 393 U.S. App. D.C. 305, 2011 U.S. App. LEXIS 855, 94 Empl. Prac. Dec. (CCH) 44,079, 111 Fair Empl. Prac. Cas. (BNA) 389, 2011 WL 117069 (D.C. Cir. 2011).

Opinion

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

David McCurdy is President and CEO of the Alliance of Automobile Manufacturers. In November 2007, McCurdy fired his assistant, Karen Vatel. McCurdy asserted that he dismissed Vatel because they had incompatible styles of work and her performance therefore did not meet his expectations. Vatel sued, claiming that McCurdy fired her because of her race and gender. Finding that Vatel had produced insufficient evidence to undermine McCurdy’s stated reason for firing her, the District Court granted summary judgment to McCurdy and his employer. We agree with the District Court and therefore affirm.

I

In June 2006, the interim president of the Alliance of Automobile Manufacturers (known as the AAM) hired Karen Vatel as his assistant. In December 2006, the AAM hired David McCurdy as the new President and CEO. Although McCurdy could have hired someone new as his assistant, he chose to retain Vatel after a positive lunch interview with her. But problems quickly developed in the working relationship between McCurdy and Vatel. Beginning in May 2007, Lori Johnson, the AAM’s human resources manager, met regularly with Vatel to explain that McCurdy was frustrated with Vatel’s performance.

McCurdy ultimately fired Vatel on November 1, 2007, telling her that their styles were incompatible. McCurdy later explained that he expected his assistant to be “strategic” and “proactive,” but found Va-tel rigid and unable to address problems before they affected him.

Vatel filed suit against the AAM and McCurdy in the District of Columbia Superior Court. Vatel alleged that McCurdy terminated her because of her race and gender, in violation of the District of Columbia Human Rights Act, D.C.Code §§ 2-1402.01 and 2-1402.11(a). The defendants removed the action to the U.S. District Court for the District of Columbia based on diversity of citizenship among the parties. After discovery, the District Court granted the defendants’ motion for summary judgment. Vatel appealed to this Court. We review the District Court’s summary judgment de novo.

II

We analyze discrimination claims under the D.C. Human Rights Act in the same way that we analyze discrimination claims under the federal anti-discrimination laws. See Gaujacq v. EDF, Inc., 601 F.3d 565, 576 (D.C.Cir.2010). Once an employer has offered a legitimate reason for an employee’s dismissal, the question at the summary judgment stage is whether the employee has “produced sufficient evidence for a reasonable jury to find that the employer’s asserted non-discriminatory reason was not the actual reason and that the employer intentionally discriminated against the employee on the basis of race, color, religion, sex, or national origin.” Brady v. Office of the Sergeant at Arms, 520 F.3d 490, 494 (D.C.Cir.2008).

McCurdy asserted that he dismissed Va-tel because they had incompatible working styles and Vatel therefore did not meet his expectations for an assistant. This is a highly subjective explanation, which makes it difficult for Vatel to produce evidence *1247 casting doubt on it. We thus treat McCurdy’s explanation “with caution.” Aka v. Washington Hosp. Ctr., 156 F.3d 1284, 1298 (D.C.Cir.1998) (en banc). That said, Vatel does not dispute that incompatible working styles is a legitimate basis for a manager to fire an assistant.

With that background in mind, we turn to the question whether Vatel has produced sufficient evidence that McCurdy’s assertion — that he fired Vatel because of incompatible working styles — is pretextual and that McCurdy intentionally discriminated against her. The record contains no direct evidence of discrimination— for example, a statement that itself shows racial or gender bias in the decision — that would generally entitle a plaintiff to a jury trial. The nature of Vatel’s position means, moreover, that many of the methods that employment discrimination plaintiffs ordinarily use to demonstrate pretext are not available to Vatel. For example, Vatel cannot show that McCurdy treated other similarly situated employees differently based on race or gender, because, as the lone assistant, she had no similarly situated peers. Cf. Brady, 520 F.3d at 495. Vatel nonetheless claims that a jury could infer from the record evidence that McCurdy fabricated his explanation to mask his true motive: animus based on Vatel’s race, gender, or both.

Vatel’s argument faces a significant initial hurdle in that McCurdy himself selected Vatel to be his assistant less than a year before her dismissal. If McCurdy did not want to work with Vatel because of her race or gender, it would be odd to select her and then immediately start ginning up reasons to dismiss her. See Waterhouse v. District of Columbia, 298 F.3d 989, 996 (D.C.Cir.2002). In affirming summary judgment in Waterhouse, we noted: “ ‘when the person who made the decision to fire was the same person who made the decision to hire, it is difficult to impute to [that person] an invidious motivation that would be inconsistent with the decision to hire,’ especially ‘when the firing has occurred only a short time after the hiring.’ ” Id. (quoting Grady v. Affiliated Cent., Inc., 130 F.3d 553, 560 (2d Cir.1997)). The same is true here. Although the fact that McCurdy initially selected Vatel does not alone suffice for summary judgment, it is probative evidence that McCurdy did not discriminate against Vatel on account of her race or gender when he dismissed her later that year. See Czekalski v. Peters, 475 F.3d 360, 368-69 (D.C.Cir.2007).

Vatel has tried to undermine McCurdy’s explanation by contending that they in fact had a positive working relationship and that McCurdy was (or should have been) satisfied with her performance. That argument is simply not tenable. By Vatel’s own admission, Lori Johnson, the AAM’s human resources manager, consistently said that McCurdy was frustrated with Vatel’s performance, and Vatel herself stated that “McCurdy tried to avoid [her] at all costs.” Vatel Dep. 128-29, 133, Sept. 15, 2008. The undisputed facts in this case overwhelmingly demonstrate problems in the working relationship; indeed, that was the reason for the regular meetings between Vatel and Johnson.

In light of the record evidence, Vatel’s mere personal opinion that she and McCurdy had a positive working relationship is insufficient to surmount summary judgment. It is settled that “it is the perception of the decision maker which is relevant, not the self-assessment of the plaintiff.” Hawkins v. PepsiCo, Inc.,

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Bluebook (online)
627 F.3d 1245, 393 U.S. App. D.C. 305, 2011 U.S. App. LEXIS 855, 94 Empl. Prac. Dec. (CCH) 44,079, 111 Fair Empl. Prac. Cas. (BNA) 389, 2011 WL 117069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vatel-v-alliance-of-automobile-manufacturers-cadc-2011.