Cova v. Coca-Cola Bottling Co. of St. Louis, Inc.
| Citation | 574 F.2d 958 |
| Decision Date | 20 April 1978 |
| Docket Number | Nos. 77-1787 and 77-1820,COCA-COLA,s. 77-1787 and 77-1820 |
| Parties | 17 Fair Empl.Prac.Cas. 448, 16 Empl. Prac. Dec. P 8272 Joseph E. COVA, Executor of the Estate of Reno Cova, Sr., Deceased, Joseph Gladden, Dwight Arant, Howard Travis, Vito Zerillo and Garnelle Hance, Appellants, v. TheBOTTLING COMPANY OF ST. LOUIS, INC., Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
James P. Holloran, St. Louis, Mo., argued, and Prudence W. Kramer, St. Louis, Mo., on brief for appellants.
William H. Andrews, Jacksonville, Fla., argued, and Ross A. Friedman, St. Louis, Mo., on brief, for appellee.
Before ROSS and HENLEY, Circuit Judges, and LARSON, * Senior District Judge.
This case arises under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq. Plaintiffs Joseph Cova, executor of the estate of Reno Cova, Sr., Joseph Gladden, Dwight Arant, Vito Zerillo, and Garnelle Hance appeal an adverse final judgment by the District Court, claiming that the findings of no violations of the Age Discrimination in Employment Act are clearly erroneous. Defendant Coca Cola Bottling Company of St. Louis, Inc., has filed a cross appeal challenging the District Court's refusal to award it attorney's fees. We affirm.
By way of introduction, we note that the guidelines set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), though specifically addressed to actions under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., can be generally applied in age discrimination cases. See Laugesen v. Anaconda Co., 510 F.2d 307 (6th Cir. 1975). Thus a plaintiff may establish a prima facie case that his or her discharge violated the Age Discrimination in Employment Act by showing (1) that he or she is within a protected age group, (2) that he or she met applicable job qualifications, (3) that despite these qualifications, he or she was discharged, and (4) that, after the discharge the position remained open and the employer continued to seek applications from persons with similar qualifications. Once such a prima facie case has been made out, the burden shifts to the employer to rebut plaintiff's showing. An employer may meet this burden by showing that the discharge was "for good cause," 29 U.S.C. § 623(f) (3), or by showing that the discharge was "based on reasonable factors other than age," 29 U.S.C. § 623(f)(1). If the employer meets its burden, the burden of persuasion reverts to the plaintiff. The ultimate burden that plaintiff must meet is to show that age was a determining factor in the discharge. See Laugesen v. Anaconda Co., supra at 315-17; Mastie v. Great Lakes Steel Corp., 424 F.Supp. 1299, 1321-22 (E.D.Mich.1976). The act does not require that advanced age and substantial length of service entitle employees to special favorable consideration; it requires merely that an employee within the protected age group not be the subject of discrimination because of his or her age.
Prior to June 5, 1975, all of the plaintiffs were employed by Mid-States Beverage Company, a distributor of Coca Cola Company products. During the late 1960's and early 1970's, Mid-States suffered financial difficulties that culminated in the sale of its assets to the defendant. Defendant assumed control of the business and on July 7, 1975, employed Gerhard Strauss as General Sales Manager. Immediately upon his arrival Strauss undertook to reorganize the sales department. On July 31, 1975, Strauss notified Gladden, age 53, Arant, age 55, Zerillo, age 59, and Reno Cova, age 62, that there was no place for them in the reorganized sales department and that they were discharged. Each of these individuals had served in lower management positions in the Mid-States sales department for more than 29 years. Howard Travis, age 53, was also discharged at that time as was one other management employee who was under 40. 1 Of the eleven management employees retained by Strauss at least four individuals were over 40. Two of those eleven, both in their early 30's, were soon discharged by Strauss. One of these two was replaced by an individual from within the company who was in his 60's. After August 1, 1975, Strauss hired into the sales department ten individuals, all of whom were under 40. Some of these ten individuals filled vacancies. For others, new positions were created and within three months of August 1, 1975, there were seventeen management positions in the sales department the same number of positions that had existed before the plaintiffs were discharged.
Plaintiffs' case consisted of much of the above information. In addition, plaintiffs adduced testimony that they were capable of handling both their old jobs and the jobs in the reorganized department. They testified that they had had little personal contact with Strauss before their terminations. They further testified that they received neither advance notice of nor reasons for their discharges. Finally, plaintiffs introduced testimony that their positions had little influence on the success of the business.
Plaintiffs' evidence was sufficient to establish their prima facie case. They showed they were in the protected age group, were qualified for their jobs, and were each discharged. They also introduced evidence from which it could be inferred that their positions remained open until they were filled with younger individuals. Defendant was therefore obliged to satisfy its burden of production to avoid an unfavorable judgment.
In defense, defendant produced evidence of the decline of Mid-States' business and its substantial losses in an effort to explain radical changes following the takeover. Strauss described the nature of his reorganization of the sales department and the new programs he implemented. He testified that he had been directed to reduce the size of the management staff and he gave his reasons for discharging the plaintiffs rather than other individuals. Zerillo had been the supervisor for servicing a major customer who had made various complaints. Gladden had encountered difficulties in his work in a warehouse approximately one year before Strauss took over and he presently performed insignificant laborial tasks with no major supervisory responsibility. Arant lacked any clear responsibilities at the time Strauss was reorganizing the department, and Strauss concluded he had no room for an unassigned individual. Cova had recently blinded one eye in a hunting accident and Strauss felt that the injury affected his ability to work. Strauss testified that he engaged outside consultants to evaluate employees but there is no evidence to show whether or how the consultants evaluated plaintiffs. Finally, Strauss testified that age had not been a factor in his decision.
The District Court found that Strauss ...
To continue reading
Request your trial
-
Murnane v. American Airlines, Inc.
...411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). These criteria are applicable to cases under ADEA. See Cova v. Coca Cola Bottling Co. of St. Louis, 574 F.2d 958 (8th Cir. 1978). Under the criteria established in McDonnell-Douglas, the plaintiff is required to demonstrate: (1) that he be......
-
Favors v. Ruckelshaus, Civ. A. No. C82-1591A.
...S.Ct. 1817, 36 L.Ed.2d 668 (1973) test is appropriate. See Loeb v. Textron, Inc., 600 F.2d 1003 (1st Cir.1979); Cova v. The Coca-Cola Bottling Co., 574 F.2d 958 (8th Cir.1978); Bell v. Bolger, 535 F.Supp. 997 (E.D.Mo. 1982). Thus, a four-prong threshold showing is required; (1) plaintiff is......
-
Blackwell v. Sun Elec. Corp.
...Gas Technology, 630 F.2d 1217 (7th Cir.1980), cert. denied, 450 U.S. 959, 101 S.Ct. 1418, 67 L.Ed.2d 383 (1981); Cova v. Coca-Cola Bottling Co., 574 F.2d 958 (8th Cir.1978); Sutton v. Atlantic Richfield Co., 646 F.2d 407 (9th Cir.1981); Kentroti v. Frontier Airlines, Inc., 585 F.2d 967 (10t......
-
E.E.O.C. v. O & G Spring and Wire Forms Specialty Co.
...preclude awarding costs to prevailing defendants under Fed.R.Civ.P. 54(d)). Several courts are in accord. See, e.g., Cova v. Coca-Cola, 574 F.2d 958, 962 (8th Cir.1978) (prevailing defendants under ADEA subject to American rule); Gray v. New England Telephone & Telegraph Co., 792 F.2d 251, ......