Gonzalez v. Royal Indemnity Co ( 1999 )


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  • UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    JOSEPH GONZALEZ,
    Plaintiff-Appellant,
    v.                                                                     No. 98-1632
    ROYAL INDEMNITY COMPANY,
    Defendant-Appellee.
    Appeal from the United States District Court
    for the Western District of North Carolina, at Charlotte.
    Graham C. Mullen, Chief District Judge.
    (CA-95-512-MU)
    Submitted: November 30, 1999
    Decided: December 22, 1999
    Before MOTZ, TRAXLER, and KING, Circuit Judges.
    _________________________________________________________________
    Vacated and remanded by unpublished per curiam opinion.
    _________________________________________________________________
    COUNSEL
    Keith H. Cole, Jr., DODGE, FAZIO, ANDERSON & JONES, P.C.,
    Dallas Texas; Martha J. Efird, Charlotte, North Carolina, for Appel-
    lant. John J. Doyle, Jr., Jill S. Stricklin, CONSTANGY, BROOKS &
    SMITH, L.L.C., Winston-Salem, North Carolina, for Appellee.
    _________________________________________________________________
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    Joseph Gonzalez appeals the district court's order awarding sum-
    mary judgment to Royal Indemnity Company ("Royal") on Gonza-
    lez's claim of age based employment discrimination brought pursuant
    to the Age Discrimination in Employment Act, 
    29 U.S.C.A. §§ 621
    -
    634 (West 1999) and the Employment Retirement Income Security
    Act of 1974. Gonzalez claims that summary judgment was improper
    because he produced sufficient evidence of discrimination to place a
    material fact in dispute. See McDonnell Douglas Corp. v. Green, 
    411 U.S. 792
    , 802 (1973). We agree.
    After reviewing the evidence proffered by Gonzalez, we find that
    he produced sufficiently probative and admissible evidence regarding
    age-based discrimination to place a question before a jury. See
    Anderson v. Liberty Lobby, Inc., 
    477 U.S. 242
    , 250 (1986) (stating
    that credibility determinations and weighing of the evidence are jury
    functions and not those of a judge).
    First, Gonzalez produced internal documents from Royal's Senior
    Management Group ("SMG") that permit the inference that the com-
    pany in planning how to implement its Reduction In Force ("RIF"),
    may have considered eliminating employees on the improper basis of
    their age. We reject Royal's contention that the documents obtained
    by Gonzalez from Royal during discovery, are unauthenticated and
    unidentified. See Celotex v. Catrett, 
    477 U.S. 317
    , 324 (1986) (hold-
    ing that at the summary judgment stage evidence need not be pro-
    duced in a finalized form that would be admissible at trial). We thus
    find that when the inferences are drawn in Gonzalez's favor, as they
    must be on a motion for summary judgment, Gonzalez established a
    prima facie case of age discrimination. See Herold v. Hajoca Corp.,
    
    864 F.2d 317
    , 319-20 (4th Cir. 1988) (stating standard for age dis-
    crimination case during RIF).
    Gonzalez also raised a legitimate question as to whether Royal fol-
    lowed its own procedures in eliminating Gonzalez from its workforce.
    Royal asserted that it followed a policy of not"bumping" employees.
    Instead, Royal claimed that it pursued a policy of eliminating posi-
    2
    tions, not people. Accordingly, it states that when it eliminated Gon-
    zalez's position, it did not consider him for any other positions within
    his group. However, several documents produced by Royal during the
    discovery process arguably indicate otherwise. A document produced
    by Jodie Figge of Royal's human resources department indicated that
    departments should identify their essential positions and then "iden-
    tify which employees have the skills needed to perform the remaining
    tasks." (J.A. at 198). Similarly, Victor Daley of the SMG described
    the need to determine "which employees should be placed or retained
    in a given position." (J.A. at 204). Gonzalez argues that if Royal gen-
    uinely intended to eliminate positions, there would be no reason to
    consider placement or retention of employees; those in positions that
    were not eliminated would be secure in their respective jobs. While
    we indicate no view on the merits of Gonzalez's argument, we agree
    that a reasonable fact finder could conclude that Royal's own docu-
    mentation contradicts its stated workforce reduction criteria. Thus,
    Gonzalez raised a material question of fact as to whether Royal's rea-
    sons for dismissing him were pretexts for age discrimination. 
    Id. at 320
    .
    Royal also claims that when it eliminated two consultant positions
    from its workers compensation group, one of which was occupied by
    Gonzalez, there were no remaining positions in which Gonzalez could
    be placed. However, this situation resulted only because of Royal's
    decision to promote the other consultant whose position was elimi-
    nated, Charles Schuver, an individual Royal had recently demoted,
    over Gonzalez. While Royal asserts that it did not consider Gonzalez
    for the position in which it placed Schuver based on Gonzalez's
    alleged failure to succeed in that position previously, Royal's decision
    to promote a recently demoted employee over Gonzalez again raises
    a question of material fact. Accordingly, we hold that summary judg-
    ment was premature as the facts construed in the light most favorable
    to Gonzalez, see Anderson, 
    477 U.S. at 250
    , reveal that he made an
    adequate showing that Royal's reasons for terminating him were pre-
    textual and that he created a genuine issue of material fact as to
    whether his termination was made because of his age. See Herold,
    864 F.2d at 320.
    We vacate the district court's grant of summary judgment and
    remand for further proceedings. We dispense with oral argument
    3
    because the facts and legal contentions are adequately presented in the
    materials before the court and argument would not aid the decisional
    process.
    VACATED AND REMANDED
    4