Washington v. Eaton Corp.

25 F. App'x 373
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 9, 2002
DocketNo. 00-1837
StatusPublished

This text of 25 F. App'x 373 (Washington v. Eaton 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
Washington v. Eaton Corp., 25 F. App'x 373 (6th Cir. 2002).

Opinion

COLLIER, District Judge.

Appellant Mattie Washington (“Washington” or “Appellant”) appeals the district court’s order granting summary judgment in favor of Appellee Eaton Corp. (“Eaton” or “Appellee”) and dismissing her claims of age and race discrimination under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seg., Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, and the Michigan Elliott-Larsen Civil Rights Act (“ElliotbLarsen Act”), Mich. Comp. Laws §§ 37.2101 et seq. Because a fair-minded jury could not return a verdict in favor of Washington based on the evidence she [375]*375presented, we AFFIRM the district court’s decision.

I.

Mattie Washington is a fifty-four year old1 African-American woman who began working as a data entry clerk for the Eaton Corporation in July 1976 (JA at 249). In 1990, she moved to Eaton’s Innovations Center in Southfield, Michigan, where she worked as a receptionist (Id.). Her immediate supervisor beginning in 1997 was Cheryl McNally (McNally), a thirty-two year old white woman (JA at 11).

In October or November 1998, managers at Eaton’s Innovations Centers in Southfield and Milwaukee, Wisconsin were instructed to deal with a budget shortfall by trimming about fifty jobs from their combined workforces of 350 employees (JA at 54, 72). At the time, the human resources manager of the Southfield center was Todd Mayse (Mayse) (JA at 53-54). It was decided (by whom is unclear) the reduction in force would be accomplished by a combination of voluntary severances and layoffs (JA at 54).

Mayse determined the receptionist position Washington held was noneritical and could be eliminated (JA at 54). Mayse reached this conclusion based on his experience with other facilities that operated without a receptionist (Id.). He initially recommended the Southfield Innovations Center use a telephone call-in system in place of a receptionist (Id.). This recommendation was rejected by upper-level management, which wanted a person staffing the lobby (JA at 54-55). Mayse’s second recommendation, which he made in December 1998, was for the receptionist position to be restructured and filled by someone trained in emergency medical services (JA at 55, 253). Eaton’s Milwaukee facility uses a contracted security guard trained in emergency medical services as a receptionist (JA at 55).

In December 1998, the Vice President of Eaton circulated a memorandum notifying employees of the plan to reduce the company’s work force (JA at 232-33). Eaton first eliminated trader performing employees and then offered a special early retirement package to employees who were at least fifty years old and had been with the company for at least ten years (JA at 11, 32). Only individuals in positions deemed noneritical and nonspecialized were offered the early retirement incentive (JA at 54). Washington qualified for the package (JA at 11).

On December 18, 1998, Washington met with McNally and Mayse to discuss the reduction in force (JA at 253). At that meeting, Mayse told Washington she was eligible to take the early retirement package but that the package would be a “onetime deal” (Id.). Nevertheless, Mayse told Washington acceptance of the package was wholly voluntary (JA at 55).

Washington met with McNally and Mayse again on January 6, 1999 to receive the early retirement package documents (JA at 55, 253). According to Washington, Mayse told her the receptionist position would be filled with a contract security guard trained in emergency medical services:

I asked what were they going to do with the position, and he said that they were going to put a security guard from the company that patrols the parking lot to - they were going to outsource it to the security company, and this person would do the duties that I was doing, but they wanted someone with CPR training.

(JA at 119). Washington testified she “didn’t believe him” (JA at 120). Mayse [376]*376also told her she only had forty-five days to accept the offer and that she should consult with a financial advisor and an attorney before making a decision (JA at 121, 255). Washington consulted with the financial advisor but not with an attorney because she “felt [the company] didn’t want [her] there” and that “they would have laid [her] off without any special benefits” if she refused the offer (JA at 242, 255). Although McNally admitted that other retirees had harbored the same feeling, Washington offers no evidence of her speculation. She stated in her deposition, “some of the other retirees had the impression that if they did not take [the package], there was going to be another layoff in the not-to-distant future and it would not be the enhanced package or another retirement” (JA at 268). Washington says she did not inquire as to what would happen to her if she refused the early retirement offer and Eaton eliminated the receptionist position (JA at 120-21,127). However, she acknowledged McNally told her the company’s offer did not necessarily mean she would be discharged (JA at 121).2

Washington accepted the early retirement package on February 16, 1999 by signing a “Participation and General Release Agreement” (JA at 169-74). The release provided, among other things, that Washington had decided to participate voluntarily:

I understand and agree that my resignation or retirement as a result of participation in the Plan, and the form of benefit selected, are solely the result of my own decisions. I understand that I have the option of not participating in the Plan and continuing my employment with Eaton Corporation (the “Company”). I understand and agree that I have not reached my decision to participate in the Plan as a result of any threats, coercion or undue influence and have received no promises, inducements or assurances other than those contained in the written material describing the Plan.

(JA at 173). The agreement also provided that Washington released Eaton from all claims and liability in connection with her employment and termination of employment, under state law, Title VII, and the ADEA:

In consideration of the promises made by the Company under the Plan, I ... fully releases [sic] the Company ... from any and all liability, expenses and remedies of any type, by reason of any act or omission in connection with my employment or termination of employment, including ... claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 ... or any other federal, state or local statute or regulation regarding employment____

(Id.). In exchange, Washington received a lump sum payment of $120,000 (JA at 122). Washington later testified she signed the release “knowingly and voluntarily” (JA at 118- 19). On February 18 or 19, Washington asked McNally if Eaton was going to offer the receptionist position to McNally’s sister (JA at 119).3 She was told the plan was still to out source the position (JA at 119- 20). Washington did not exercise the seven-day revocation provision, and her retirement became effective on February 28, 1999 (JA at 120-21).

[377]

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25 F. App'x 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-eaton-corp-ca6-2002.