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CHANDOKE v. ANHEUSER-BUSCH

February 1, 1994

SURINDER CHANDOKE, Plaintiff,
v.
ANHEUSER-BUSCH, INC., Defendant.



The opinion of the court was delivered by: STANLEY S. BROTMAN

 BROTMAN, District Judge:

 Presently before the court is the motion of defendant, Anheuser-Busch, Inc. ("ABI") for partial summary judgment. For the reasons set forth below, defendant's motion is denied.

 I. Factual Background

 Born in India, and a United States citizen since 1988, plaintiff Surinder Chandoke ("plaintiff," or "Chandoke") alleges that ABI committed racial and national origin discrimination when it rejected his job application. Deposition Transcript of Surinder Chandoke [hereinafter "Chandoke dep."] at 14-15.

 On March 5, 1989, ABI ran an advertisement in the Philadelphia Inquirer seeking supervisors for the Brewing Department at its Newark brewery. Stipulated Facts, Proposed Joint Final Pretrial Order [hereinafter "Stipulated Facts"], P 4. On or about March 16, 1989, Chandoke responded to the advertisement by submitting his resume, without a cover letter, to ABI's Newark brewery. Chandoke dep. at 169-70; Affidavit of Timothy J. Brink [hereinafter "Brink Aff."], P 4. Chandoke prepared this resume specifically for the position "Brewing/Process Supervisor" with ABI. Id. at 178. The resume was one page, with the name "S. K. Chandoke" at the top. Resume of S.K. Chandoke (Affidavit of John K. Bennett, Exhibit B). The resume represented that Chandoke was educated in Scotland, and had worked in India and New Jersey. Id. The resume, did not, however, indicate any employment after July 1983. Id.

 On April 20, 1993, Timothy J. Brink, then Assistant Manager of Employee Relations at ABI's Newark Brewery, telephoned Chandoke and asked him about his resume and prior employment. *fn1" Brink Aff., P 3; Stipulated Facts, P 7; Chandoke dep. 180-181.

 Specifically, Brink asked him about the six-year gap in his resume. Chandoke dep. at 183. Chandoke told Brink that he had worked in a delicatessen, which he had just sold, and that he had been doing other odd jobs. Id. at 182, 184, 188-89. ABI did not invite Chandoke to its Newark brewery to fill out an employment application or to be interviewed. Stipulated Facts, P 9. Brink sent a letter to Chandoke dated May 11, 1989 informing Chandoke that he would not be selected for employment at "this time." Id. at P 10.

 II. Legal Discussion

 A. Summary Judgment Standard

 The standard for granting summary judgment is a stringent one. A court may grant summary judgment only when the materials of record "show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. p. 56(c); see Hersh v. Allen Prods. Co., 789 F.2d 230, 232 (3d Cir. 1986); Lang v. New York Life Ins. Co., 721 F.2d 118, 119 (3d Cir. 1983). In deciding whether there is a disputed issue of material fact the court must view all doubt in favor of the non-moving party. Meyer v. Riegel Prods. Corp., 720 F.2d 303, 307 n.2 (3d Cir. 1983), cert. denied, 465 U.S. 1091, 79 L. Ed. 2d 910, 104 S. Ct. 2144 (1984); Smith v. Pittsburgh Hahe & Supply Co., 464 F.2d 870, 874 (3d Cir. 1972). The threshold inquiry is whether there are "any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986).

 Supreme Court decisions mandate that "a motion for summary judgment must be granted unless the party opposing the motion can produce evidence which, when considered in light of that party's burden of proof at trial, could be the basis for a jury finding in that party's favor." J.E. Mamiye & Sons, Inc. v. Fidelity Bank, 813 F.2d 610, 618 (3d Cir. 1987) (Becker, J., concurring) (citing Anderson, 477 U.S. 242, 91 L. Ed. 2d 202, 106 S. Ct. 2505, and Celotex Corp. v. Catrett, 477 U.S. 317, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986)). Moreover, once the moving party has carried its burden of establishing the absence of a genuine issue of material fact, "its opponent must do more than simply show that there is some metaphysical doubt as to material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, ...


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