Spratt v. MDU Resources Group, Inc.

Plaintiff Richard Spratt appealed a district court summary judgment that dismissed his age discrimination claim against MDU Resources Group, Inc. ("MDU"). In 2001, Plaintiff was hired as the vice president of human resources for Montana-Dakota Utilities Co., a division of MDU. Plaintiff claimed that in 2007 the president and chief executive officer of MDU told him two high-ranking executives at MDU were "out to get" Plaintiff, and he needed to "watch [his] step.â Plaintiff further claimed that when he asked the president why they were out to get him, the president responded he thought it was because of "these fights that you're fighting . . . with corporate" and because "[y]ou're too old and you make too much money." Plaintiff further contended that the president reassured him he did not need to worry about losing his job because "[y]ou're all right as long as I'm here." In March 2008, the company got a new president. In April, Plaintiff was advised that his position was being eliminated as a result of a reorganization of the human resources function at MDU. Plaintiff was offered the option of resigning and receiving a severance package. He refused and was terminated effective April 3, 2008, at age fifty-nine. MDU contended elimination of Plaintiffâs position was part of a comprehensive reorganization of the human resources function at MDU. Furthermore, MDU argued that although Plaintiffâs was the first position eliminated, two human resources positions at another MDU division were eliminated within one month of Plaintiffâs termination. Plaintiff sued MDU, alleging he was wrongfully terminated based upon his age in violation of the North Dakota Human Rights Act. MDU moved for summary judgment, alleging Plaintiff could not meet his burden of establishing a case of age discrimination. The district court granted summary judgment dismissing Plaintiffâs claim. The Supreme Court concluded the district court did not err in determining that Plaintiff failed meet his burden of proof, and it upheld the lower courtâs grant of summary judgment.