ROBERT J MAJESKE V EATON CORP
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STATE OF MICHIGAN
COURT OF APPEALS
ROBERT J. MAJESKE,
UNPUBLISHED
December 13, 2002
Plaintiff-Appellant,
v
No. 236292
Saginaw Circuit Court
LC No. 00-033734-NZ
EATON CORPORATION,
Defendant-Appellee.
Before: Owens, P.J., and Murphy and Cavanagh, JJ.
MEMORANDUM.
Plaintiff appeals as of right the order granting defendant’s motion for summary
disposition under MCR 2.116(C)(10) in this age discrimination action. We affirm. This appeal
is being decided without oral argument pursuant to MCR 7.214(E).
Plaintiff brought this action under MCL 37.2101 et seq., asserting he was denied a job
interview for a new position due to his age. To establish a prima facie case of discrimination,
plaintiff must prove that (1) he was a member of a protected class; (2) he suffered an adverse
employment action; (3) he was qualified for the position; and (4) the circumstances give rise to
an inference of discriminatory intent. Lytle v Malady (On Rehearing), 458 Mich 153, 172-173;
579 NW2d 906 (1998). The employer can rebut the presumption by articulating a legitimate,
nondiscriminatory reason for the action. Id. at 173. Plaintiff must then show that there was a
triable issue that the employer’s proffered reasons were not the true reasons, but were pretext for
discrimination. Id. at 174.
The trial court found that plaintiff established a prima facie case. Defendant presented
evidence of a nondiscriminatory reason for the interview denial: that other applicants were more
qualified. Plaintiff sought to establish that the reason was pretextual because the plant
superintendent made a remark indicating that age was a factor in plaintiff’s failure to receive an
interview. Where the superintendent was not involved in deciding whom to interview, and
defendant presented evidence that the other applicants were more qualified than plaintiff,
plaintiff has failed to establish that the reason given was pretext for discrimination. The trial
court properly granted summary disposition.
-1-
Affirmed.
/s/ Donald S. Owens
/s/ William B. Murphy
/s/ Mark J. Cavanagh
-2-
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