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MILLER v. BENEFICIAL MANAGEMENT CORP.

October 18, 1991

ELIZABETH G. MILLER, PLAINTIFF,
v.
BENEFICIAL MANAGEMENT CORPORATION, BENEFICIAL MANAGEMENT CORPORATION OF AMERICA AND BENEFICIAL CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Lechner, District Judge.

      OPINION

This is an employment discrimination suit brought by plaintiff Elizabeth G. Miller ("Miller") against defendants Beneficial Management Corporation ("Beneficial Management"), Beneficial Management Corporation of America ("Beneficial of America") and Beneficial Corporation. ("Beneficial Corp.") (collectively, "Beneficial"). Jurisdiction is alleged pursuant to the Equal Pay Act, as amended, 29 U.S.C. § 216 et seq. ("EPA"), the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. ("ADEA"); Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000, et seq. ("Title VII") and 28 U.S.C. § 1331.

Beneficial now moves for dismissal pursuant to Fed.R.Civ.P. 12(b) on the ground that Miller's claims are barred by the applicable statute of limitations. In addition, Beneficial moves for summary judgment pursuant to Fed.R.Civ.P. 56 on the ground there is no genuine issue of material fact regarding the alleged discrimination against Miller.*fn1 Miller has filed a cross motion appealing three orders of Ronald J. Hedges, United States Magistrate Judge, to compel discovery.*fn2 For the reasons set out below, the 12(b)(6) motion to dismiss is converted to a Rule 56 motion for summary judgment. The motion for summary judgment is granted. The cross-motion to compel discovery is denied.

Facts

Beneficial is incorporated in the State of Delaware and has its principal place of business in Peapack, New Jersey. Complaint, filed 20 July 1989 ("Complaint"), ¶ 2. Beneficial is in the business of providing management services. The Government Relations Department ("Government Relations") is involved in lobbying, organizing political action committees ("PACs") and collecting political contributions. Id., ¶ 3; Moving Brief, 6.

Miller graduated from law school in the Spring of 1980. Defs.' 12G Statement, ¶ 2. Prior to attending law school, Miller was employed as a teacher. Id. Miller's first job as an attorney occurred when she was hired by Beneficial Management on 2 September 1980. Defs.' 12G Statement, ¶ 2. Miller's resume indicated she was born in 1931; however, Miller was actually born in 1927 or 1928. 1st Ward Aff., Ex. 14. Miller held the starting position of Associate Counsel in the Legal Department of Beneficial. Id. As Associate Counsel, Miller's starting annual base salary was $25,000. Miller Aff., ¶ 1.

Miller's duties in the Legal Department included the following:

  cross state lending; Canadian operations;
  bankruptcy; antitrust; loan production offices for
  Beneficial's national bank subsidiary; Equal
  Credit Opportunity Act audits; Truth-in-Lending
  audits; writing statutory amendments concerning
  state and federal insolvency and bankruptcy laws
  for the Government Relations Department; usuary
  laws; disclosure laws; credit insurance laws;
  business registration laws; consumer credit laws;
  interest rate regulation; small loan laws;
  installment sales laws; and fair credit laws.

Miller Aff., ¶ 2. During Miller's employment in the Legal Department she received the following compensation:

      Year      Base Salary Year-End Compensation 1980 $25,000
      $1,000 1981 $27,000 $2,000 1982 $29,000 $3,000
      1983        $31,000              $3,000

Id., ¶ 4. The above increases in annual base salary and
additional year-end compensation were based on merit. Id.;
Schwartz Certif., Ex. 11.

In the Legal Department, Miller reported to Charles Hance, Esq., Senior Vice President and General Counsel, Legal Department ("Hance"). Hance Aff., ¶ 2. In 1983 Hance prepared a formal review of Miller's performance in the Legal Department (the "1983 Bentrak"). Id., ¶ 4. Miller was ranked eighth out of eight attorneys who reported to Hance. Id., ¶ 3. The 1983 Bentrak gave Miller good remarks with respect to her organizational and planning skills, motivation, initiative and energy. Id., Ex. 2. The 1983 Bentrak, however, rated Miller's overall performance as below expectations. It noted a difficulty in providing practical advice satisfactory to senior personnel. Additionally, the 1983 Bentrak stated Miller's personal impact must be improved to be effective in her position. Id.

As an Associate Counsel in the Legal Department Miller became acquainted with David B. Ward, Senior-Vice President of Government Relations ("Ward"), Charles Walsh, Vice President and Counsel of Government Relations ("Walsh") and Kenneth Raatz, a corporate attorney in Government Relations ("Raatz"). Miller Aff., ¶ 6. Through her contact with these individuals, Miller learned about the function of Government Relations.

Government Relations develops and presents Beneficial's views relating to legislative and regulatory groups at the federal and state levels. Moving Brief, 6. In addition, Government Relations handles PACs and corporate sources. Ward Aff., ¶ 3. Employees in Government Relations must ensure the appropriate disclosure and filing requirements are followed with respect to lobbying and political contributions. Id., ¶ 4.

Walsh was hired by Beneficial on 30 October 1966. 1st Walsh Dep., 7. Walsh graduated law school in 1954 at which point he worked at a Philadelphia law firm for two years. Id., 4-5. In 1956 Walsh joined the Attorney General's Office in Pennsylvania as an associate counsel for the Insurance Commission. Id., 5. At the Attorney General's Office, Walsh was promoted to general counsel and subsequently deputy insurance commissioner for Pennsylvania. Id. Walsh's duties at the Attorney General's Office included reviewing proposed legislation which had an impact on insurance laws or industry, advising the governor's office and leaders of both political parties of the Attorney General's position on such legislation and conducting and adjudicating hearings involving the insurance industry. Id.

In 1963, Walsh left the Attorney General's Office and became the executive vice president of Reliable Insurance Company where he reported directly to the Chairman of the Board of Reliable Insurance Company. Id., 6. Around 1 May 1966, Walsh became deputy insurance commissioner for the Commonwealth of Kentucky. Id., 7. As deputy insurance commissioner in Kentucky, Walsh was involved in setting rates, policy filings and endorsements as well as conducting hearings and advising the insurance commissioner. Id. Walsh held the position as deputy insurance commissioner until 30 October 1966 when he accepted employment with Beneficial. Id.

Walsh began his employment at Beneficial as Director of Insurance Relations. Id. In that position, Walsh reviewed legislation and insurance offered by Beneficial and testified at hearings on legislation at the federal and state level. Id. In 1968 Walsh was promoted to Assistant Vice President, Beneficial Management.*fn3 Id., 8. In 1973 Walsh was asked to join the Legal Department of Beneficial Management as Assistant Vice President, Associate Counsel. Id., 10. Walsh also represented Beneficial in various trade associations and became the Chairman of the Board of the Consumer Credit Insurance Association.*fn4 Id., 9.

In the Legal Department, Walsh reported directly to Helmuth Miller, who was at that time the Vice President of Government Relations.*fn5 Id., 10. In 1976 or 1977 Walsh was promoted to Vice President of Government Relations. Id. In this position, Walsh advised Helmuth Miller, consulted with other employees of the Government Relations on areas concerning legislation, reviewed laws relating to PACs, set up the Beneficial Political Action Committee ("Ben-Pac"), made decisions as to who should receive contributions from Ben-Pac and reviewed material disseminated by Beneficial for legal compliance. Id., 10-12.

In 1975 Raatz was hired as Associate Counsel in the Legal Department. Raatz was assigned to work for Helmuth Miller and Walsh in Government Relations where he assisted Walsh with the review of legislation. Id., 18.

In 1979 or 1980 Helmuth Miller retired and was replaced by Ward. Id., 17. Ward assumed Helmuth Miller's responsibilities as Senior Vice President. Ward did, however, become more involved and took over tasks that Helmuth Miller had allowed Walsh to handle. Id., 25. In addition, after Ward took over, Walsh had less contact with the Chairman of the Board. Id., 28. Walsh testified he had "less authority and independence" under Ward. Id., 29. As Walsh stated, by the time he left Beneficial "men who had been with the company for a period of time became more familiar with Mr. Ward and would call him on matters that they previously might have called me on." Id., 31.

Throughout Walsh's employment in Government Relations with Ward as his supervisor, his duties can be paraphrased to include the following: as secretary of Ben-Pac, preparing the forms necessary for contributions, filing reports required by the Federal Election Commission on a monthly or quarterly basis, preparing, for signature of the Chairman of the Board, letters to those employees eligible to participate in Ben-Pac, preparing and disseminating detailed itemizations of contributions, requisitioning checks signed by the Ben-Pac treasurer and determining who would receive contributions and the amounts of the contributions; with respect to corporate contributions, reviewing state laws to determine the legality of corporate contributions — to whom corporate contributions may be made, the dollar limitations of corporate contributions and deciding with Ward what contributions would be made at the recommendation of the Government Relations field director in the particular state; with respect to the expense accounts of the Government Relations directors, reviewing the expense accounts to make sure the expenses complied with any legal requirements and to ascertain whether there were any outstanding expenditures; preparing and filing reports and disclosures by lobbyists; reviewing proposals for political candidates or political fund raising purposes before such functions were held; receiving copies of any proposed legislation and advising Government Relations field directors of legislative developments; planning and organizing political fund raisers held at Beneficial's corporate headquarters, organizing the annual Government Relations conference; approving and establishing retainers paid by Beneficial to attorneys; and providing lectures and training of district managers throughout the year. See generally, 2d Walsh Dep.

Walsh's income during his employment in Government Relations was as follows:

      Year      Base Salary      Year-End Additional
      Compensation*fn6
      1977        $41,000                    $14,000
      1978        $43,000                    $16,000
      1979        $46,000                    $18,000
      1980        $49,000                    $20,500
      1981        $52,000                    $23,000
      1982        $53,000                    $27,000
      1983        $55,000                    $28,500
      1984        $55,000                    $28,500

LeRoux Aff., Ex. 6.

In early 1984 Ward informed Miller that Walsh's and Raatz' employment in Government Relations was going to be terminated. Miller Aff., ¶ 7. At that time, Ward decided to consolidate the positions previously held by Walsh and Raatz into one position. Schwartz Certif., Ex. 1. Ward asked Miller if she wanted to fill the newly created position in Government Relations. Miller Aff., ¶ 7. Miller states that Ward told her "once [she] had settled in the job, with hard work [she] would become a Vice President . . . and would receive compensation at a level equivalent to Walsh's." Id. A memorandum from Ward to David J. Farris ("Farris"), President of Beneficial Management, dated 14 March 1984, informed Ward of his decision to hire Miller for the new position.*fn7

Schwartz Certif., Ex. 1.

Prior to formally beginning in Government Relations, Miller met with Walsh on several occasions. 1st Walsh Dep., 44-45. During these meetings, Walsh reviewed with Miller the various tasks which he had done in Government Relations. Id., 45; Miller Aff., ¶ 9. Walsh could not recall whether he met with Miller at the instruction of Ward. Walsh testified he mentioned training Miller to Ward, but Ward never told Walsh to go ahead and train her. 1st Walsh Aff., 44. Miller testified she met with Walsh at the specific instruction of Ward. Miller Aff., ¶ 9. Miller also met with Raatz to learn about his responsibilities in Government Relations. Id., ¶ 10; 1st Walsh Dep., 47. Miller stated during the entire training process she was never informed, nor was it implied, that she would not take on all of Walsh's responsibilities. Miller Aff., ¶ 12.

In May 1984 Miller was appointed to certain offices and positions previously held by Walsh which were necessary for the job. Id., ¶ 14. Miller was appointed as Secretary, member of the Finance Committee and member of the Board of Ben-Pac and Vice President of Beneficial Management.*fn8 Id. In July 1984 Miller formally began her position as Associate Counsel in Government Relations. Id., ¶ 6. Miller received a $9,000 increase in salary raising her annual base salary to $40,000. When Miller began her position in Government Relations, she had four years of legal experience; at the time Walsh had received an annual base salary of $41,000 and began in Government Relations, he had twenty-two years of legal experience.*fn9 Id. Miller was a grade 15 employee when she took over the position in Government Relations. 2d Ward Aff., ¶ 3. Miller moved into Walsh's office and two secretaries were assigned to her.*fn10 Id., ¶ 15. Miller stated she was involved with all of Walsh's duties from the onset of her employment in Government Relations. Id., ¶ 16. Miller concedes she initially had disagreements with Ward over the practices of Government Relations. Id., ¶ 18.

Miller received a $5,000 additional year-end compensation bonus for her performance in 1984. Id., ¶ 17. In addition, Miller received a pay increase in her annual base salary in the amount of $3,000 in Government Relations in January 1985. Id., ¶ 17.

In June 1985 Miller was promoted to Assistant Vice President and became a grade 16 employee. Id., ¶ 18; Schwartz Certif., Ex. 3. Miller received a copy of a memorandum from Ward to memorialize the promotion which stated:

  Mr. Caspersen [("Caspersen"), Chairman and CEO of
  Beneficial Corporation,] has reviewed and approved
  my recommendation for promotion of Elizabeth G.
  Miller to Assistant Vice President effective June
  15, 1985.
  This will carry with it a promotional increase of
  10% of current salary or $4,300, for annual [base]
  rate of $47,300.

Id., Ex. 4. At the time Miller received this increase, she had five years of legal experience; Walsh had twenty-four years of legal experience when he had an annual base salary of $46,000 and twenty-five years of legal experience when his base salary was $49,000. Miller states Ward also informed her that he was pleased with her work. Id., ¶ 18. Miller also received a letter from Farris congratulating her on the promotion.*fn11 Id., ¶ 19.

In connection with Miller's promotion, she was requested to complete a Job Analysis Questionnaire ("JAQ"). Id., ¶ 20. The completed JAQ contained a comprehensive description of the duties and responsibilities performed by Miller as of July 1985 ("1985 JAQ").*fn12 Id., ¶ 20, Ex. 6. Miller states she did not assist in preparing the job description. Id., ¶ 21. Ward, however, states Miller helped prepare the job description contained in the 1985 JAQ. 1st Ward Aff., ¶ 12. After the 1985 JAQ was completed, Miller did not receive any feedback, positive or negative, regarding it. Miller Aff., ¶ 20.

In December of 1985 Miller received additional year-end compensation in the amount of $6,500 for 1985. Id., ¶ 24. Miller also received a $2,000 salary increase for 1986 making her annual base salary $49,300 for 1986. Id., ¶ 25. In January 1986 Miller first spoke to her superiors about being promoted to Vice President of Government Relations.*fn13 Walsh was the last person to hold a Vice President position in Government Relations. At the time he assumed the position, he had twenty-two years of legal experience. Id., ¶ 26.

Miller spoke to Ward about a possible promotion in March 1986. Id., ¶ 27. Ward, in turn, handed Miller a Bentrak which he had prepared (the "1986 Bentrak"). The 1986 Bentrak expressed critical views regarding Miller's Interpersonal Skills and Professional Skills. Id., ¶ 27; 1st Ward Aff., ¶ 13. Beneficial paraphrased the 1986 Bentrak remarks as follows:

  In the category of "Interpersonal Skills," it was
  noted that [Miller's] motivation was excellent,
  but that she had problems in communications and in
  supervising subordinates. With regard to
  "Professional Skills," an improvement was noted in
  substantive knowledge, but also a consistent
  tendency to jump to conclusions without fully
  understanding the problem. The Bentrak stated that
  [Miller's] inability to distinguish important
  legislation and problems from unimportant ones
  adversely affected her productivity. The Bentrak
  did note that her technical skills such as bill
  drafting and analysis were good and improving and
  stated that these skills should continue to
  improve as she gained a better understanding of
  the business context. With regard to "Management
  Skills," it was noted that [Miller's] initiative,
  energy, dependability and ambition were excellent,
  with the caveat that her ambition sometimes
  appeared excessive. It also was noted that
  [Miller's] attitude toward others was considered
  condescending and counterproductive. In addition,
  the Bentrak stated that her decision-making
  ability suffered from her reluctance to inquire
  into the background of matters and to ask
  penetrating questions. . . . Finally, the Bentrak
  noted that [Miller's] judgment was not trusted by
  some and suggested that this may have been due to
  [Miller's] relative lack of business and industry
  experience.

Defs.' 12G Statement, ¶ 19.

Discussion of the 1986 Bentrak was postponed to the weekend at which time Ward agreed not to put the 1986 Bentrak in her personnel file. 1st Ward Aff., ¶ 13. After Miller received the 1986 Bentrak, Ward stated Miller worked hard in connection with Legislative monitoring, however, she continued to have problems giving helpful practical advice and making sound decisions. Id., ¶ 14. Ward stated, therefore, he never gave her the same authority which Walsh had. Id.

  On 25 June 1986 Miller attended a fund raiser sponsored by
Beneficial. Miller Aff., ¶ 28. Miller states that during the
fund raiser she spoke to Caspersen regarding a political
contribution. During her conversation with Caspersen, Miller
stated the following was said:

   . . Caspersen referred to me as "the bag lady."
  I then told Mr. Caspersen that I was not a "bag
  lady" at which point he said "I meant a bag lady
  in New York." After this conversation, I walked
  over to talk with David Ward. When he asked me
  what had gone on between me

  and Mr. Caspersen, I informed him that Caspersen
  had called me a "bag lady."

Id. Miller stated Ward referred to her as the bag lady on 26 June 1986 at her office and again on 27 June 1986 at a party for a colleague. Id., ¶¶ 29-30. After Ward's second reference to Miller as the bag lady, Miller indicated she did not like being referred to by the term. Id., ¶ 29. On 30 June 1986, Miller states Ward once again referred to her as the bag lady, at which point she requested that he not refer to her by the term again. Id., ¶ 30.

Throughout 1986 and 1987 Miller spoke to Ward about the fact that she had not been promoted to Vice President. Id., ¶ 32. Miller maintains Ward responded by saying she was "making the money," therefore, did not need the title. Id. In January 1987 Miller received year-end additional compensation in the amount of $8,000 for 1986. Id., ¶ 33. Miller also received an increase in her salary making her total annual base salary $50,200. Id. Miller contends that throughout 1987 her workload continued to increase. The increase was due in part from Ward's appointment to the Operating Executive Committee of Beneficial Management which took away from his time to spend on Government Relations matters and from his involvement in a comprehensive restructuring of Beneficial. Id., ¶ 34.

In September 1987 Miller again raised the issue of a promotion to Ward basing her request upon her increased workload. At this time, Miller stressed she had assumed the position of two attorneys and had increased the contact with legislators, regulators and high-level employees of companies. Id., ¶ 35. In January 1988 Miller received $11,000 in year-end additional compensation for 1986 and received an increase in the amount of $3,000 making her annual base salary $53,200 for 1987. Id., ¶ 36. Miller further states at the time of her raise, Ward assured her she was making the same pay as Walsh. Id. Ward states he never told Miller her compensation was close or equal to Walsh's compensation. 2d Ward Aff., ¶ 2. According to Ward, he told Miller "she was making money and getting good increases." Miller Aff., ¶ 36. Miller's salary increases track Walsh's annual base salary increases. In fact, given Walsh's legal experience, Miller's annual base salary increases were in excess of Walsh's. When Miller was making $53,200, she had been in Government Relations for four years and had eight years of legal experience. At the time Walsh earned $53,000, he had been in Government Relations for six years and had twenty-eight years of legal experience.

Ward states despite his concerns regarding Miller's interpersonal skills, in February 1988, he recommended Miller for a promotion to Vice President. 1st Ward Aff., ¶ 15. This promotion was to be in title only. Id. As to this recommendation, Miller states the following:

  For the first time . . . Ward told me that a
  recommendation that I be made a Vice President
  would not stand a chance because I did not have
  enough "seniority" with the company. I then
  pointed out that Mary Ann [sic] Schneider and Ann
  Stephenson had been brought into Beneficial as
  Vice Presidents (obviously without seniority at
  the company) and that Wheeler Neff, who began his
  employment at Beneficial the same day I did, had
  been promoted to Vice President. I noted how I had
  replaced Charles Walsh (and Kenneth Raatz) and had
  taken on some of Ward's duties over the years (all
  of which Ward acknowledged). I also told Ward that
  I did not think that David Farris would object to
  making me a Vice President. . . .

Miller Aff., ¶ 38. Caspersen, however, told Ward the consideration for promotion would not occur at that time. Id. Sometime before 26 May 1988 Miller began to fill out a JAQ (the "1988 JAQ") upon the suggestion of Maryann Schneider, Senior Vice President for Human Resources ("Schneider"). Miller Aff., ¶ 40.

On 4 March 1988 Ward took a leave of absence from Beneficial to participate in an eleven-week program at Harvard University. Id., ¶ 16. During Ward's absence, Miller was instructed to handle State legislation and administrative matters. The Government Relations Field Directors were to review any major policy decisions with Caspersen or Farris and all federal Government Relations matters were to be referred to an outside consultant. Id. Miller presents a different account of her duties during Ward's leave of absence.

  While Ward was at Harvard, I ran the Government
  Relations Department without supervision by David
  Farris, Finn Caspersen or any other higher ranking
  executive.

Miller Aff., ¶ 41.

Ward returned to Beneficial on 23 May 1988. On or around 26 May 1988, Miller approached Ward regarding her promotion to Vice President. Id., ¶ 42. Miller contends the conversation proceeded as follows:

  Ward responded that he had recommended to Finn
  Caspersen earlier in the year . . . that I be made
  a Vice President and that Caspersen had turned
  down that recommendation. . . . When I asked Ward
  why he had not told me of this previously, he
  simply said something about it being a "white
  lie." Ward then went on to say that I would never
  get the title of Vice President and that Finn
  Caspersen had the total say in the matter. I then
  told Ward that Mary Ann [sic] Schneider had
  recommended that I draft a JAQ for the committee
  which evaluated promotions. Ward laughed and said
  that the committee did not make those decisions.

Id. According to Miller, Ward said "your best bet is to leave and sue on age discrimination" and to go work for the government who could not discriminate on the basis of age. Id. Ward states he never told Miller she should sue for age discrimination. 2d Ward Aff., ¶ 4. Miller also states Ward asked her how long she intended to work if she got the title of Vice President. Miller Aff., ¶ 42.

Ward allegedly told Miller he would recommend her for Vice President in July 1988 and she should compile a list of recent promotions from personnel. Id. Miller maintains that Ward suggested Miller ask Gilliam to assign her to another attorney position so Ward could hire someone who would be able to take over his position in three or four years. Id. Ward concedes Miller and he spoke of a replacement for Ward. 2d Ward Aff., ¶ 5. Ward states, however, he advised Miller she would most likely not replace Ward because he intended to stay at Beneficial for another seventeen years when he would be at retirement age. Id.

According to Miller, Ward suggested perhaps Caspersen would promote Miller to Vice President if Ward could hire someone beneath him to eventually replace Ward. Miller Aff., ¶ 43. Miller indicated to Ward if she were not going to be made Vice President, she would be interested in an available Field Director position. Id. According to Miller, Ward told her the position was not available because he could not have Miller carrying home drunks late at night.*fn14

On 31 May 1988 Miller had a conversation in her office with Helen Perry. Miller secretly taped this conversation because "a certain level of mistrust had developed between [Perry and Miller.]" Id., ¶ 43. Within a few days, Miller informed Ward she had taped the conversation with Perry.*fn15 Id. Miller states Ward made no comment about the taping incident. Id. According to Ward, he felt the taping incident was sufficient grounds to terminate Miller's employment. 1st Ward Aff., ¶ 17. Therefore, Ward told Miller she would no longer be recommended for a promotion. Id.

After learning of the taping incident, Ward decided to make a formal Bentrak documenting the taping incident and other performance problems. Id. Miller contends Ward assured her on 14 June 1988 that he would submit Miller's name for Vice President to be considered at the Group Presidents' Mid-Year Conference in July. Miller Aff., ¶ 44. On 2 August 1988 Miller asked Ward what the results were of his proposal to promote Miller. Id., ¶ 45. Miller states:

  Ward responded that I had been turned down for
  Vice President by David Farris and Finn Caspersen.
  When I asked Ward if I could speak with Caspersen
  about the subject, Ward said that I would "be out
  the door" if I tried to do so. Ward agreed that I
  could speak with David Farris and Mary Ann [sic]
  Schneider about the Vice President title.

Id. Schneider advised Miller to prepare a list of job responsibilities including ten tasks Miller had recently completed. Id., ¶ 46. Miller prepared the list and submitted it to Farris. Miller then met with Farris on the afternoon of 2 August 1988. Id. Miller stated Farris informed her he and Caspersen had not turned the promotion down and would consider it at the end of the year. Id. In addition, Farris instructed Miller to complete a JAQ. Id. Miller completed the 1988 JAQ on 29 August 1988.*fn16 The 1988 JAQ was delivered to Ward on 30 August 1988. Id.

Ward was not able to complete the formal Bentrak until 24 August 1988 (the "1988 Bentrak"). Id., ¶ 19. On 1 September 1988 Ward added comments from the 1986 Bentrak to the 1988 Bentrak. On that same date, Ward received the 1988 JAQ from Miller which requested her job be upgraded to Vice President. Id., ¶ 20. Ward informed Miller she was not going to become Vice President and never would. Miller Aff., ¶ 48. In addition, Ward told Miller her performance would have to be discussed. 1st Ward Aff., ¶ 20. Miller became upset; therefore, Ward requested the meeting be held with Lawrence Cole ("Cole"), Vice President of Human Resources. Id. Miller remained upset and was taken home. Id. Miller was out of work due until 26 September 1988. Miller Aff., ¶ 48. Ward drafted an addendum concerning the taping ...


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