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Sanderson v. University Village12/13/1999
PUBLISHED IN PART
Norman Sanderson, a former employee on the maintenance crew at University Village, filed suit against the new owner of the complex, University Village Imp., alleging that it denied him employment based on his age and physical disability. Because University Village Imp. has articulated reasonable grounds for its decision not to hire Sanderson and Sanderson has not produced evidence supporting his contention that its explanation was a pretext for a discrimination, summary judgment was appropriate in this case.
FACTS
Norman Sanderson worked at University Village from August 1, 1989, to September 15, 1993, as part of a six-person maintenance crew supervised by Larry Lundy. Due to recurring back problems and personal difficulties, Sanderson occasionally missed work and was periodically placed on light duty. In June 1993, he accepted a permanent light duty janitorial position. According to Lundy, Sanderson was "adequately performing" his light duty work in September 1993 when University Village Imp. Limited Partnership purchased University Village.
Winmar Metro Inc., University Village's former operator, notified its employees that, as a result of this acquisition, they would be terminated effective September 18, 1993. But they could interview with the new owner if they wished to continue working at University Village. Valerie Margulis, an employee of a real estate advisory firm hired by University Village Imp. to interview these applicants, got a memorandum from Matt Griffin, an officer of one of the general partners of University Village Imp., which explained that Lundy would continue supervising the maintenance and security groups. She was told that Lundy's references about the current maintenance crew members should "weigh heavily" in her hiring recommendations, but she received no information suggesting that hiring decisions had already been made. She recalls that "the instructions were that {Lundy} and I both had to agree that the person would make a good employee for University Village."
On August 26, 1993, Margulis interviewed Sanderson using a standard list of questions and recording her impressions, as she did with every applicant. Her notes reflect that during the interview, Sanderson described his current job duties and explained that he "love{d} the people, not the supervisor" at his current position. He referred to Lundy as an "egotistical maniac" and noted that there are "lots of unfinished projects around because of {Lundy's} management style." He added that "{m}orale is very bad." Included in Margulis's notes from the interview are notations which read: "Bob, this man is a troublemaker. Problems with motivation; drinks too much; doesn't want to work; lazy." Margulis stated in her declaration that she did not recall whether she had recommended that University Village Imp. retain Sanderson, but because her recommendation "would have taken into account the comments that are written on this sheet, the general impression that {she} had in {her} mind at the time that {she} interviewed Norm, and the reference as written down here," she surmises that she would have "been doubtful about his sort of team attitude, given his comments" and would not have recommended him. She stresses that she "certainly wouldn't have discriminated on the basis of his back injury " and that she is "certain . . . that none of {her} recommendations {were} based on . . . {his} age{ }."
Of the six people on Lundy's maintenance crew, University Village Imp. retained four crew members and decided not to hire Sanderson, then age 51, and Laguio Mabini, age 63. Sanderson points out that the four workers retained were all under 40 and claims that he
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