Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Donie v. Walmart, Inc.

United States District Court, W.D. New York

August 8, 2014

LOIS DONIE, Plaintiff,
WALMART, INC., Defendant.


FRANK P. GERACI, JR., District Judge.


Plaintiff Lois Donie ("Plaintiff") filed this action on April 18, 2012, alleging discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 623, ("ADEA") and the New York State Human Rights Law, New York State Executive Law § 296 ("NYSHRL"). Dkt. #1. Plaintiff further alleges three state law claims: intentional infliction of emotional distress, negligent infliction of emotional distress, and false imprisonment. Id. In response, Defendant Walmart, Inc.[1] ("Defendant" or "Wal-Mart") filed a Motion for Summary Judgment. Dkt. #15. Because I find that there is no genuine issue of material fact regarding whether Defendant's proffered reasons for failing to promote and terminating Plaintiff are pretextual, and because the remaining state law claims should be dismissed, Defendant's Motion for Summary Judgment is granted and the Complaint is dismissed.


Plaintiff was born on December 21, 1957. Def.'s SMF ¶ 2.[2] On November 29, 1997, she was hired at the age of thirty-nine as an optician at the Vision Center in the Wal-Mart in Greece, New York. Def.'s SMF ¶¶ 1, 3. Plaintiff's direct supervisor, Vision Center Manager Sam Meli, was terminated on May 31, 2011, and his position became available to all Wal-Mart employees soon thereafter. Def.'s SMF ¶¶ 5-6, 8-9. Plaintiff applied for the position and was interviewed. Def.'s SMF ¶¶ 13, 16. At the interview, Plaintiff was asked ten, pre-selected questions that were graded on a scale of Role Model, Exceeds Expectations, Solid Performer, Development Needed or Below Expectations. Def.'s SMF ¶¶ 19-20. Plaintiff received the "Development Needed" grade for each of her answers. Def.'s SMF ¶ 22. Another interviewee, Mary Martinez ("Martinez"), received grades of Exceeds Expectations on five of her answers and Solid Performer on the other five. Def.'s SMF ¶¶ 24, 35. Martinez also worked as a Wal-Mart Department Manager and Vision Center Manager for three and five years, respectively, while Plaintiff had no supervisory or managerial experience. Def.'s SMF ¶¶ 3, 34. One of the preferred qualifications for the position was two or more years of experience supervising five or more employees. Def.'s SMF ¶ 37. Martinez was ultimately selected for the position and became the Vision Center Manager at the Greece, New York Wal-Mart in July 2011, when she was thirty-nine years old. Def.'s SMF ¶¶ 25, 38.

After Martinez became the Vision Center Manager, she was informed that Plaintiff allegedly stole glasses from the Vision Center and subsequently began an investigation into the matter. Def.'s SMF ¶¶ 50-51. The Vision Center uses the Best Optical Selling System ("BOSS") to place, process, and record orders. Def.'s SMF ¶¶ 51-52. The BOSS records the information of any individual that places an order and shows whether the order was "pulled to the register, " which is an indicator of whether someone paid for the order. Def.'s SMF ¶¶ 53-54. Martinez searched the BOSS and uncovered five suspect orders that listed Plaintiff's address as the address for the patient: one with an excessive discount of forty percent[3] and four that had not been pulled to the register. Def.'s SMF ¶¶ 57-58. Four of the orders listed "Lois Donie" as the patient and one listed "J. Sweeney, " which is consistent with Plaintiff's nickname "Junie" and her maiden name "Sweeney." Def.'s SMF ¶¶ 58-59. When confronted with the findings, Plaintiff could not provide any receipts or other evidence to support her contention that she had in fact paid for the glasses. Def.'s SMF ¶¶ 65-67; Dkt. # 15-5, Ex. 2, Pl. Dep. 103:15-25. Plaintiff was then discharged on October 10, 2011, (Def.'s SMF ¶ 73) and replaced by a 22 year-old woman. Pl.'s SMF 35 ¶ 48.


A. Standard of Review

Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). "A fact is material if it might affect the outcome of the suit under the governing law, and an issue of fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Ramos v. Baldor Specialty Foods, Inc., 687 F.3d 554, 558 (2d Cir. 2012) (quoting Niagara Mohawk Power Corp. v. Hudson River-Black River Regulating Dist., 673 F.3d 84, 94 (2d Cir. 2012)). All inferences drawn from the evidence must be viewed "in the light most favorable to the party opposing the motion." Shemendera v. First Niagara Bank, No. 12-CV-178S, 2014 WL 847329, at *1 (W.D.N.Y. Mar. 4, 2014) (quoting Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59 (1970)). Of course, the Court cannot weigh evidence to determine the truth of the dispute, but must simply find whether there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). Summary judgment is proper "only when reasonable minds could not differ as to the import of evidence." Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir. 1991) (citation omitted).

The ADEA makes it "unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his [or her]... age." 29 U.S.C. § 623(a)(1). When a plaintiff alleges age discrimination, she "must prove that age was the but-for' cause of the employer's adverse decision." Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 176 (2009) (citing Bridge v. Phoenix Bond & Indem. Co., 553 U.S. 639, 653-54 (2008)). Claims brought under the NYSHRL are analytically identical to that of the ADEA. See Gorzynski v. JetBlue Airways Corp., 596 F.3d 93, 105 n.6 (2d Cir. 2010); Shemendera, 2014 WL 847329, at *4.

The Court uses the three-step McDonnell Douglas burden-shifting framework to determine whether the Plaintiff has met the burden set down by the ADEA. Shemendera, 2014 WL 847329, at *2 (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 (1973)). Under this framework, the Plaintiff must first demonstrate sufficient evidence to establish a prima facie case of discrimination by showing: (1) her membership in the protected class, (2) her qualifications for the position in question, (3) the occurrence of an adverse employment action against her, and (4) circumstances surrounding the adverse action that give rise to an inference of discrimination. Ben-Levy v. Bloomberg, L.P., 518 F.App'x 17, 19-20 (2d Cir. 2013) (citing Weinstock v. Columbia Univ., 224 F.3d 33, 42 (2d Cir. 2000)). The Plaintiff carries a "minimal burden" to establish a prima facie case. Carlton v. Mystic Transp., Inc., 202 F.3d 129, 134 (2d Cir. 2000) (citing St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 506 (1993)). Once the prima facie case is established, the burden shifts to the Defendant to give a "legitimate, nondiscriminatory" reason for the conduct. Ben-Levy, 518 F.App'x at 19-20. This burden is light, and the employer "must simply articulate an explanation that, if true, would connote lawful behavior." Penberg v. HealthBridge Mgmt., 823 F.Supp.2d 166, 176 (E.D.N.Y. 2011) (quoting Greenway v. Buffalo Hilton Hotel, 143 F.3d 47, 52 (2d Cir. 1998)). If the Defendant offers such a reason, the presumption of discrimination resulting from the prima facie case is eliminated and the burden shifts back to the Plaintiff to provide evidence that the defendant's legitimate, nondiscriminatory reason is "a mere pretext" for discrimination. Ben-Levy, 518 F.App'x at 19-20.

Plaintiff argues that Defendant's failure to promote her to the Vision Center Manager position and her subsequent discharge on October 10, 2011 are the result of age discrimination. With the standards above in mind, and for the reasons that follow, I find that the Plaintiff has failed to raise a genuine issue of material fact regarding whether the Defendant's proffered reasons for failing to promote and terminating Plaintiff are pretextual.

B. Analysis

1. Failure to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.