Benjamin v. Felder Services, LLC
3:16-cv-00099
N.D. Miss.Sep 6, 2017Background
- Plaintiff Annette Benjamin, age 59, worked ~32 years for the facility under prior owner and was dietary manager when Felder Services took over operations in June 2015.
- Benjamin worked ~30 days for Felder before being terminated; Felder interviewed most dietary staff but not Benjamin and changed job duties and expectations after the takeover.
- Felder told the EEOC Benjamin was fired for poor performance: failing to complete tray-card audits and a seating chart timely, and for problematic interactions with staff; a younger 42-year-old male replaced her.
- Benjamin contends added duties made timely completion impossible and that the stated performance reasons were pretext for age discrimination under the ADEA.
- The facility received CMS citations (cold meals, sanitary and kitchen issues) during an early June 2015 survey, which Felder offered as contextual support for enforcement of performance standards.
- Court addressed defendant’s motion for summary judgment after Benjamin received a right-to-sue letter from the EEOC.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie ADEA claim | Benjamin: she is >40, was qualified, fired, replaced by younger man | Felder conceded prima facie elements | Court: prima facie established |
| Employer’s stated reason for termination | Benjamin: poor performance reason is pretext; workload prevented completion | Felder: Benjamin failed to complete tasks timely and was insubordinate; CMS citations show operational problems | Court: Felder articulated legitimate, non-discriminatory reasons |
| Pretext | Benjamin: starred witnesses said she wasn’t rude; added duties caused delay; replacement hired earlier | Felder: witness testimony and supervisor’s conduct account for performance concerns; replacement also later fired; alleged statements are hearsay | Court: evidence insufficient to create genuine issue of pretext; some proffered statements inadmissible hearsay |
| Entitlement to summary judgment | Benjamin: disputed facts create trial issues | Felder: record shows no genuine issue of material fact | Court: granted summary judgment for Felder; no reasonable juror could find age was but-for cause |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard and burdens)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (no genuine issue if no reasonable juror could find for non-movant)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for circumstantial discrimination)
- Moss v. BMC Software, Inc., 610 F.3d 917 (ADEA requires age be the but-for cause)
- Willis v. Coca Cola Enters., Inc., 445 F.3d 413 (employer articulates legitimate reason; plaintiff must show pretext)
- Okoye v. Univ. of Tex. Houston Health Sci. Ctr., 245 F.3d 507 (elements of prima facie case)
- Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248 (factual inquiry after employer’s legitimate reason)