Summary
The United States Court of Appeals for the First Circuit affirmed summary judgment for Factory Mutual Insurance Company in Thomas Dusel's Massachusetts age-discrimination and retaliation action. The court held that Dusel established a prima facie case of age discrimination but failed to present sufficient evidence that the employer's stated nondiscriminatory reasons for his termination were pretextual. The court also rejected his disparate-treatment comparator argument and challenges to the district court's evidentiary rulings.
Topics
Practice areas
Questions Presented
- Whether the district court properly granted summary judgment on Dusel's age-discrimination claim under Mass. Gen. Laws chapter 151B.
- Whether the district court properly granted summary judgment on Dusel's retaliation claim under Mass. Gen. Laws chapter 151B, § 4(4).
- Whether the district court abused its discretion by denying Dusel's motions to strike affidavits and portions of FM Global's statement of undisputed material facts.
- Whether the district court properly admitted after-acquired evidence of sexually explicit material for purposes of damages.
Holdings
- At the prima facie stage of the McDonnell Douglas framework, a plaintiff need not disprove the employer's stated nondiscriminatory reason for termination. Dusel's lengthy employment history, promotions, positive performance reviews, and compensation were sufficient to satisfy the acceptable-performance element of his prima facie age-discrimination case.
- FM Global articulated legitimate, nondiscriminatory reasons for terminating Dusel, and Dusel failed to produce evidence from which a reasonable jury could find those reasons pretextual. Summary judgment on the age-discrimination claim was therefore proper.
- Even assuming that some of Dusel's conduct constituted protected activity, he failed to establish a causal nexus or pretextual retaliatory motive. Summary judgment on the retaliation claim was proper.
- The district court did not abuse its discretion in denying Dusel's motions to strike affidavits and portions of FM Global's statement of undisputed material facts or in admitting the after-acquired evidence.
Key quotations
“A court may not consider the employer's alleged nondiscriminatory reason for taking an adverse employment action when analyzing the prima facie case.” (12)
“they must present evidence from which a reasonable jury could supportably conclude "that the employer's explanation is not just wrong, but that it is so implausible that the employer more likely than not does not believe it."” (19)
“It is not enough merely to mention a possible argument in the most skeletal way, leaving the court to do counsel's work, create the ossature for the argument, and put flesh on its bones.” (33)
Factual background
Thomas Dusel worked for FM Global for approximately thirty-five years and was President and CEO of its Hobbs Brook Management subsidiary when he was terminated in September 2018. After Dusel participated in an internal investigation concerning alleged workplace misconduct by a subordinate, FM Global reorganized the subsidiary and investigated Dusel's use of company-paid cell-phone lines and repeated after-hours visits to a company facility. FM Global concluded that Dusel had improperly charged family phone lines, misled investigators, and likely taken company food, and terminated him for violating company policy and misappropriating company property and services. Evidence of sexually explicit material on company devices was discovered after the termination.
Procedural history
Dusel filed suit in Massachusetts state court alleging age discrimination and retaliation under Mass. Gen. Laws chapter 151B. FM Global removed the action to the District of Massachusetts based on diversity jurisdiction, and the parties cross-moved for summary judgment. The district court granted FM Global summary judgment, denied Dusel's motions to exclude or strike evidence, and dismissed the complaint; FM Global later dismissed its counterclaims without prejudice. The First Circuit affirmed.