McClain v. Mack Trucks, Inc., Civ. A. No. 78-382.

• Decision Date: 21 January 1982
• Docket Number: Civ. A. No. 78-382.
• Citation: 532 F. Supp. 486
• Parties: Calvin McCLAIN v. MACK TRUCKS, INC. et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

532 F. Supp. 486

Calvin McCLAIN
v.
MACK TRUCKS, INC. et al.

Civ. A. No. 78-382.

United States District Court, E. D. Pennsylvania.

January 21, 1982.

532 F. Supp. 487

Charles W. Bowser, William H. Bishop, Philadelphia, Pa., for plaintiff.

Jonathan A. Boxer, Philadelphia, Pa., for Mack Trucks.

Robert C. Cohen, Philadelphia, Pa., for Local 667 and Intern. Union, United Automobile, Aerospace and Agricultural Implement Workers (UAW).

532 F. Supp. 488

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Asserting that he was fired in contravention of rights secured by the Civil Rights Act of 1870, 42 U.S.C. § 1981 and the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (Title VII)¹, plaintiff brought this action against defendant Mack Trucks, Inc. (Mack) seeking reinstatement and back pay.² Mack, now moving for summary judgment, argues that plaintiff failed to adduce facts sufficient to establish a prima facie case that he was fired for impermissible reasons. See Fed.R.Civ.P. 56. Alternatively, defendant asserts that it has successfully rebutted plaintiff's prima facie case and that plaintiff has not articulated any facts to show that the asserted reason for his termination, excessive absenteeism, was pretextual. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). We agree with defendant and grant the motion.

Plaintiff's employment record with defendant includes an inordinate amount of absenteeism, late arrivals and early quits. The exact and undisputed figures are that plaintiff was absent or failed to work a full day 27.3% of the time in 1972, 34.7% of the time in 1973, 73% of the time in 1974, 32.9% of the time in 1975, 20.8% of the time in 1976 and 40% of the time in 1977. During this period plaintiff was repeatedly warned that his poor attendance record could cost him his job. Moreover, from 1974 to 1976 plaintiff was suspended on four different occasions for absenteeism and the repeated failure to properly document the asserted illnesses that kept him from work. Finally, on February 21, 1977, Mack fired plaintiff for excessive absenteeism and tardiness. Plaintiff, while not seriously disputing his employment record with defendant, asserts that he was treated differently, and subject to harsher sanctions, than he would have suffered had he been white. Seeking to support this contention, plaintiff points to his active involvement in the Allentown, Pennsylvania NAACP and the assistance which he gave fellow blacks in pressing charges against Mack before the Pennsylvania Human Relations Commission (Pa HRC) as supplying defendant's motive³ for his disfavored...