Windfelder v. May Department Stores Co.

93 F. App'x 351
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 26, 2004
Docket03-1879
StatusUnpublished
Cited by5 cases

This text of 93 F. App'x 351 (Windfelder v. May Department Stores Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Windfelder v. May Department Stores Co., 93 F. App'x 351 (3d Cir. 2004).

Opinion

OPINION OF THE COURT

SCIRICA, Chief Judge.

In this employment discrimination action, plaintiff Thomas B. Windfelder appeals a grant of summary judgment in favor of defendant Kaufmann’s Department Store. We will affirm.

I.

Kaufmann’s is a department store division of The May Department Stores Company, operating approximately 50 stores in the Pennsylvania, Ohio, New York and West Virginia regions. Each year, store managers at Kaufmann’s receive an overall performance rating on the following scale:

1. “Outstanding” (“O”) — clearly superi- or performance;
2. ‘Very Good” (‘V”) — well above the expected performance;
3. “Effective” (“E”) — expected level of performance;
4. “Marginal” (“M”) — below expected level of performance; or
5. “Unacceptable” (“U”) — well below expected results.

These performance appraisals are based on individual ratings in sales, customer service, shortage, profits, and “people development.” Annual performance reviews also reflect specific accomplishments and missed opportunities.

Windfelder began working for Kaufmann’s as an executive trainee in 1972. He worked as a store manager from 1980 to 1986 and as a Regional Vice President (RVP) from 1986 to 1993, when his position changed from RVP to store manager of the downtown Pittsburgh Kaufmann’s store. As store manager from 1980 to 1986, Windfelder received three “V,” two “E,” and one “M” rating. While working as RVP from 1986 to 1993, he received one ‘V,” five “E,” and one “M” rating. He received two ‘V” and one “E” rating as the downtown Pittsburgh store manager from 1993 to 1995, and an “O” rating in 1996.

Windfelder claims Kaufmann’s began to discriminate against him on the basis of his age in May 1997, after Rick Bennet became President of Kaufmann’s. During an unannounced walk-through of the Pittsburgh store on May 23, 1997, Bennet remarked to Windfelder, “it’s good to see someone around here with less hair than me.” Bennet then saw a sock display that was in disarray, learned that Windfelder had 25 years of service, and allegedly remarked, “25 years and you let a table of socks look like that.” RVP James McGowan conducted Windfelder’s 1997 overall performance review and gave him a “mar *353 gmal” rating. 1

In 1998, Kaufmann’s rearranged its management structure so that Windfelder reported directly to McGowan. Windfelder claims his working relationship with McGowan began to deteriorate in Spring of 1998, when a May’s official visited the downtown store and discovered some price signs on the displays that did not match the ticketed price on the merchandise. Upon hearing of this incident, McGowan allegedly became upset with Windfelder. In October 1998, McGowan performed a walk-through of the downtown store. As Windfelder accompanied him and limped due to a leg injury, McGowan allegedly said to him, “Hey, you’re getting too old for this.” Windfelder received “marginal” ratings in his mid-year 1998 and 1998 reviews. McGowan noted on the reviews that Windfelder’s communication with his staff was ineffective, he lacked leadership skills, and he did not develop his staff. In addition, Windfelder’s management team stated that they thought Windfelder lacked communication skills, leadership skills, and the ability to develop the team.

In January 1999, Kaufmann’s demoted Windfelder to manager of the Southern Park retail branch in Youngstown, Ohio. He received a “marginal” mid-1999 review. Windfelder claims Kaufmann’s set him up to fail, since he did not receive necessary assistance during busy shopping periods. Kaufmann’s counters that Windfelder had difficulty keeping the store up to the required standards and that he failed to effectively lead his management team.

On March 2, 2000, Windfelder’s supervisor, RVP Mike Hubbell, gave him a “90 Day Final Performance Warning” which listed areas necessary for improvement. Windfelder requested additional information on the warning, but Hubbell did not respond. On April 5, 2000, Windfelder sent Hubbell a letter expressing concern that, due to “events in the last several years ... I wonder whether there may be some early exit strategy in the works for me, and I fear that my age may be a factor.” Hubbell sent two final warnings dated April 12, 2000 and May 23, 2000, both detailing failings in Windfelder’s performance. On June 14, 2000, Windfelder was terminated due to the recent “marginal” appraisals because his “leadership, communication, and [ability to] positively influenc[e] results” remained deficient. Windfelder was 53 years old when he was terminated. He was replaced by a younger female, Ella Scales.

On August 28, 2000, Windfelder filed a discrimination charge with the EEOC and on August 7, 2001 brought suit in federal court. In his suit, Windfelder contended that he was terminated by Kaufmann’s in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq., and the Pennsylvania Human Relations Act, 43 Pa. Stat. § 951 et seq. Windfelder also brought an unlawful retaliation claim under the ADEA. The District Court granted summary judgment in favor of Kaufmann’s, and Windfelder timely appealed.

II.

We exercise jurisdiction pursuant to 28 U.S.C. § 1291. Our review of the District Court’s grant of summary judgment is ple *354 nary. Simpson v. Kay Jewelers, 142 F.3d 639, 643 (3d Cir.1998).

III.

A.

The ADEA prohibits employers from discriminating against individuals in hiring, termination, compensation, or conditions of employment on the basis of their age. 29 U.S.C. § 623(a)(1). To survive a motion for summary judgment in an ADEA case, a plaintiff must first establish a prima facie case of age discrimination. 2 McDonnell Douglas Corp. v. Green, 411 U.S. 792, 801, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Upon such a showing, the burden shifts to the employer to produce evidence of a legitimate, nondiseriminatory reason for the adverse action. Id. at 802, 93 S.Ct. 1817; Ezold v. Wolf, Block, Schorr & Solis-Cohen, 983 F.2d 509, 522 (3d Cir.1992). The plaintiff then has the burden to provide sufficient evidence for a reasonable factfinder to (1) reject the employer’s nondiseriminatory explanation for its decision, or (2) believe that an invidious discriminatory reason was more likely than not a motivating cause of the employee’s discharge. Reeves v.

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Bluebook (online)
93 F. App'x 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/windfelder-v-may-department-stores-co-ca3-2004.