United States District Court, D. New Hampshire
DiClerico, Jr. United States District Judge
Nashawaty brings a claim of age discrimination in violation
of the Age Discrimination in Employment Act
(“ADEA”) against his former employer,
Winnipesaukee Flagship Corporation (“WFC”). WFC
moves for summary judgment. Nashawaty objects.
judgment is appropriate when the moving party “shows
that there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law.”
Fed. R. Civ. P. 56(a). “A genuine dispute is
one that a reasonable fact-finder could resolve in favor of
either party and a material fact is one that could affect the
outcome of the case.” Flood v. Bank of Am.
Corp., 780 F.3d 1, 7 (1st Cir. 2015). In
reviewing a motion for summary judgment, the court credits
the evidence that supports the non-moving party and draws all
reasonable inferences in his favor. Burns v. Johnson,
___ F.3d ___, 2016 WL 3675157, at *4 (1st Cir. July 11,
2016). As such, the court’s role is not
“‘to weigh the evidence and determine the truth
of the matter but to determine whether there is a genuine
issue for trial.’” Id. (quoting
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249
worked for WFC from 1988 to 1991 and again from November of
2001 to July of 2013. He began as a chief engineer, and his
supervisor was Darryl Watson, the Director of Mechanical
Maintenance and Fleet Engineer. In 2004, Nashawaty was
promoted to Director of Fleet Maintenance and Marine
Operations and Fleet Engineer when Watson retired. He was
awarded four stripes, the highest rank at WFC.
Director of Fleet Maintenance and Marine Operations and Fleet
Engineer, Nashawaty was responsible for the maintenance of
all WFC vessels and facilities. He supervised the maintenance
staff year round and supervised the engineering staff during
the cruising season. He also was responsible for special
projects and upgrades, fueling the vessels, budgeting and
purchasing for the department, and serving as chief engineer
on cruises. He was third in command behind WFC’s
president, Edward Gardner, and the general manager, James
like his predecessor as Fleet Engineer, Nashawaty was
scheduled to work on week days. If necessary, however,
Nashawaty also worked at night and on weekends.
fall of 2011, WFC decided to close during the winter, which
had not happened in the past. The staff, including Nashawaty,
was laid off for the winter. Nashawaty was allowed to take
two weeks of his vacation time during the beginning of the
lay off period. Work resumed in March of 2012.
hired Richard Orzechowski in the fall of 2011 as a contract
laborer. When work resumed in the spring of 2012 Orzechowski
was hired as a chief engineer who reported to Nashawaty.
Nashawaty noticed that Orzechowski would call Morash whenever
Nashawaty told Orzechowski to do something.
of 2012, Nashawaty had a conversation with Morash during
which Morash told him that he would lose his accrued vacation
time that had been earned before WFC decided to close down
during the winter. Nashawaty had a little more than 300 hours
of vacation time accrued. WFC represents that Nashawaty asked
to take Fridays off and that it accommodated his request.
Nashawaty states that he offered to take Fridays off to use
up his accrued vacation time with as little disruption to WFC
operations as possible. In any event, beginning in the 2012
season, Nashawaty was not scheduled to work on Fridays
although Nashawaty contends that he remained available as
was out of work for two weeks in June of 2012 due to an eye
injury. When he was ready to return on Tuesday, June 19,
Morash told Nashawaty to contact Orzechowski “to see
where he wants to put you.” Nashawaty found that
direction unusual because he was the one who made those
decisions. Nashawaty called Orzechowski and told him that he
would work the next day, on the Friday day cruise.
then received a message to meet with Morash and went to
Morash’s office. Morash told him that Orzechowski was
taking over and that everything Nashawaty did would have to
go through Orzechowski. Morash explained that Nashawaty was
not getting any younger and did not need to do that work
anymore.He offered Nashawaty a position as a chief
engineer at twenty dollars an hour for the next year, which
would pay at most $800 per week compared to Nashawaty’s
weekly salary of $1, 250. Nashawaty was shocked and angry.
Although Gardner told Nashawaty that Morash was wrong about
Orzechowski taking over, subsequent events showed that most
of Nashawaty’s job responsibilities were transferred to
Orzechowski during the summer of 2012.
directed Nashawaty to teach Orzechowski to refuel the WFC
vessels although until then Nashawaty had been the only one
to order fuel and refuel the M/S Mount Washington. From then
on, Orzechowski ordered fuel and refueled vessels, despite
having no training from Nashawaty, so that Nashawaty assumed
Morash gave him the information. Orzechowski also took over
Nashawaty’s responsibilities for ordering supplies,
working with manufacturers on maintenance issues, reporting
to Gardner and Morash, communicating with ...