TED STEWART, District Judge.
This matter is before the Court on Defendant's Motion for Partial Summary Judgment. Defendant seeks summary judgment on Plaintiff's first cause of action. For the reasons discussed below, the Court will deny the Motion.
Plaintiff began to work for Defendant in 2011 as a marketing specialist at Defendant's Park City store. In 2013, Plaintiff began working as a marketing specialist at Defendant's Trolley Square store. Plaintiff was promoted to the role of front-end team leader in April 2014. Plaintiff had never before worked in the front-end department and had not held a position similar to that of front-end team leader. However, she had been encouraged by others to move into a leadership position based on her relationships with the store's employees, the customers, and the community.
Upon becoming the front-end team leader, Plaintiff was to be trained by her supervisor. However, soon after she started in this position, her supervisor passed away. As a result, Plaintiff received little training on how to perform certain job duties and had to rely on others who similarly lacked the requisite knowledge. Early in her tenure as front-end team leader, Plaintiff was the subject of a number of complaints from her subordinates. Those complaints were attributed to Plaintiff's lack of proper training.
In September 2014, Beverly Stoddard became the Store Team Leader. Soon after she started, Ms. Stoddard received several complaints about Plaintiff. Plaintiff was suspended pending an investigation into these complaints. After the investigation concluded, Plaintiff was allowed to return to work and placed on final warning status.
After Plaintiff returned, she was provided training at a store in Colorado. After receiving that training, things improved. Plaintiff was making progress and even those who were previously critical of her performance stated she was doing a good job. Both her supervisor, Ms. Stoddard, and her subordinate, Sean Rogan, confirmed that Plaintiff's performance was much improved after she received the proper training.
Despite this improved performance, Plaintiff was terminated in January 2015 for her conduct during a gift card promotion that Defendant concluded "violates the integrity of our business."
Plaintiff brought suit on January 25, 2016. Plaintiff brings claims of race discrimination and retaliation.
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."
Plaintiff's first cause of action is a claim for race discrimination. Defendant's Motion focuses on that part of Plaintiff's claim related to her termination. Generally, to establish a prima facie case of termination on the basis of race, Plaintiff must demonstrate that: (1) she was a member of a protect class; (2) she was qualified and satisfactorily performing her job; and (3) she was terminated under circumstances giving rise to an inference of discrimination.
Defendant's Motion focuses on the second element. To meet this element, the Tenth Circuit has held that
Plaintiff easily meets this standard. Initially, there is testimony from Plaintiff stating that her work was satisfactory at the time of her termination. This evidence alone is sufficient to survive summary judgment even when, as here, it is disputed.
Defendant argues that Plaintiff was not qualified to serve as a front-end team leader because: (1) she did not follow the normal route to team leader; and (2) she had no experience in the front-end department. Neither argument warrants summary judgment. Curiously, neither party has presented the Court with evidence concerning the necessary qualifications to be a frontend team leader. Without such evidence, the Court cannot conclude that Plaintiff was not qualified. Defendant merely points out that Plaintiff did not know how to perform certain tasks. However, the inability to perform these tasks does not necessarily lead to the conclusion that Plaintiff was not qualified.
Further, the fact that Plaintiff did not follow the route to team leader is irrelevant. Plaintiff testified that she was encouraged to apply for the position based on the skills she did possess. The fact that Plaintiff was hired for the position is some evidence that she possessed the necessary qualifications. Plaintiff's lack of experience in the front-end department is not determinative. Ms. Stoddard testified that people may get promoted within the company even if they have little or no experience in that particular position. This is based on the belief that they can accomplish the necessary tasks of the job, even if they have not done those tasks before.
Next, Defendant argues that Plaintiff was not performing her job satisfactorily. Defendant points to a number of complaints that were lodged against Plaintiff, along with the final warning she received. However, as set forth above, there is evidence from Plaintiff and others that her performance had improved after she received training and was satisfactory at the time of her termination.
Defendant argues that Plaintiff's conclusory statements are insufficient to overcome the evidence concerning Plaintiff's performance. Plaintiff has done more than just provide conclusory statements that her performance was satisfactory. She has presented the testimony of her former supervisor and former subordinate, both of whom confirm this assertion. This distinguishes this case from those relied upon by Defendant. These statements are further supported by the fact that the bulk of the complaints relied upon by Defendant were lodged prior to Plaintiff receiving training.
Defendant relies on Denison v. Swaco Geolograph Co.,
It is therefore
ORDERED that Defendant's Motion for Summary Judgment (Docket No. 22) is DENIED.