Summary judgment is the employer’s go-to defense to a discrimination lawsuit. For a few decades now, many Federal judges have used summary judgment as a tool for clearing his/her docket. But, in Dabassi v. Motiva Enterprises, No. 23-20166 (5th Cir. 7/16/2024), the court of appeals reversed the district court’s grant of summary judgment. In this case, Dean Dabassi started working for Motive in 2014 as a 48 year old. By 2015, he as placed on a PIP. Yet, he had also been awarded the “President’s Award” three times. In 2018, his supervisors told him they wanted to “rotate younger people” into his department. Months later, in 2019, he was replaced by a 33 year old female. Debase went to a lateral position, losing no pay or benefits. But, the new position was less prestigious.
In 2019, Debassi was placed on a second PIP. Management said he reacted very loudly and with animated hand gestures when told of the new PIP. Management fired him the next day. At the district court level, the court granted the employer’s motion for summary judgment. The judge parsed the different events: the replacement employee, the first PIP, the second Pip and then the termination.
Consider All the Facts
On appeal, the plaintiff lawyer argued a court should examine all the evidence together and not compartmentalize it. The Fifth Circuit agreed. The higher court said, “It is necessary for the facts allegedly supporting a claim to be evaluated in their entirety.” The court rejected a rigid, mechanical application of the step-by-step analysis of McDonnell-Douglas. The court noted the desire of management to place younger personnel into Debassi’s department. The plaintiff was fired just months after management told him they desired to place younger personnel into his department.
The court also noted the preference of management for “early career” employees. The employer argued “early career” actually included older persons who were early in a second career. But, the appellate court rightly noted that it was up to a jury to determine how management meant the phrase “early career.”
Too many district courts use summary judgment as a way to reduce their caseload. And, among those courts, many of them do indeed apply the McDonnell-Douglas in a formulaic fashion, which tends to compartmentalize the evidence. Summary judgment is intended to screen out cases with no factual basis and not to screen out cases which need factual determinations.
See the decision here.