Grebin v. Sioux Falls Independent School Dist. No. 49-5

• Decision Date: 06 December 1985
• Docket Number: No. 84-2576,84-2576
• Parties: 39 Fair Empl.Prac.Cas. 873, 38 Empl. Prac. Dec. P 35,743, 29 Ed. Law Rep. 46 Janet GREBIN, Appellant, v. SIOUX FALLS INDEPENDENT SCHOOL DISTRICT NO. 49-5, John W. Harris, H.C. Rustad, Ronald L. Becker and Arnold L. Bauer, Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 18

779 F.2d 18

39 Fair Empl.Prac.Cas. 873,

38 Empl. Prac. Dec. P 35,743, 29 Ed. Law Rep. 46

Janet GREBIN, Appellant, v. SIOUX FALLS INDEPENDENT SCHOOL DISTRICT NO. 49-5, John W.

Harris, H.C. Rustad, Ronald L. Becker and Arnold

L. Bauer, Appellees.

No. 84-2576.

United States Court of Appeals,

Eighth Circuit.

Submitted Sept. 13, 1985.

Decided Dec. 6, 1985.

John N. Gridley, Sioux Falls, S.D., for appellant.

Michael L. Luce, Sioux Falls, S.D., for appellees.

Before HEANEY, JOHN R. GIBSON and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

Janet Grebin appeals from an adverse court verdict in her claim under Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. Sec. 2000e, for sex discrimination and from an adverse jury verdict in her claim under 29 U.S.C. Sec. 626 for age discrimination. For the reasons set forth below, we affirm.

I. BACKGROUND.

Grebin was forty-three years old when she was considered for the ninth-grade English teaching position at Axtell Park Junior High School for the 1983-84 school year. Grebin's prior teaching experience consisted of one semester as an English teacher in Chester, South Dakota, and three years as a substitute with the defendant Sioux Falls School District (Sioux Falls). For one semester of that three-year period, she taught civics at Axtell Park. Her application for full-time teaching employment had been on file with Sioux Falls since March 1980. The job was not given to Grebin, but instead to twenty-seven-year-old Jeff Herbert. Herbert had three years experience as a full-time teacher and coach. During two of those three years, he taught English.

Grebin commenced this action in February, 1984, alleging that she was not hired for the English position at Axtell Park because of her age and her sex. A jury returned a verdict for the defendant on the age discrimination count, and the court dismissed her sex discrimination claim.

II. DISCUSSION.

Grebin's attack on the trial court's rejection of her sex discrimination claim is twofold. First, she claims the court erred by failing to address certain "admissions" the defendant made at trial. Second, that the content of these "admissions" renders the court's decision "clearly erroneous." For reversal of the jury's determination of her age discrimination claim, Grebin alleges several procedural errors on the part of the trial court: (1) it improperly granted defendants' motion in limine; (2) it improperly instructed the jury on the burden of proof and inferences it could make; and (3) it refused to instruct the jury on the "willfulness" element of a discrimination action. We address each of these contentions in turn.

A. The Sex Discrimination Claim.

The trial court determined that Grebin established a prima facie case in accordance with McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). It found that Grebin is a member of a protected minority, she applied for and was qualified for the job in question, she was not hired, and defendant continued to seek applicants with similar qualifications. Id. at 802, 93 S.Ct. at 1824. In response, the defendants asserted that they hired Jeff Herbert because he was the best qualified candidate for the position. Grebin attempted to prove that this reason was a pretext for discrimination, but the trial court concluded that she did not meet this burden.

Grebin claims this conclusion is erroneous because the court did not refer, in its memorandum, to certain admissions by the defendants. The import of the alleged admissions is that Jeff Herbert's football coaching ability was a factor in the district's decision to hire him.

At the outset, we note that the trial court's failure to explicitly consider, in its memorandum, evidence supporting Grebin's claim does not, in itself, render its decision suspect. A trial judge need not make specific findings on all facts nor refer to every item of evidence introduced in a lengthy trial. Smith v. Honeywell, Inc., 735 F.2d 1067, 1069 (8th Cir.1984). The issue, therefore, is whether sufficient evidence supported the court's determination that the school district's stated reason was not pretextual and that it did not employ discriminatory criteria in the selection process. After reviewing the record, we conclude that the trial court's conclusion is not clearly erroneous.

Applicant Grebin had only spent one semester as a regular teacher, and three years as a substitute. Jeff Herbert, on the other hand, had three years of regular teaching experience. He came to the school district with outstanding recommendations for his ability to work with young people. Additionally, that one of the factors in the employment decision involved Herbert's ability to coach is not sufficient to establish discrimination. Carlile v. South Routt School District RE-3J, 739 F.2d 1496, 1499 (10th Cir.1984). Accordingly, the trial court's finding that Sioux Falls had a legitimate, non-discriminatory reason for not hiring Grebin is not clearly erroneous.

B. The Age Discrimination Claim.

1. The motion in limine.

Grebin claims the trial court erred by granting defendants' motion in limine which prevented her from introducing any evidence of alleged discriminatory conduct which occurred 180 days or more before she filed charges with the EEOC. The evidence she points to concerns the selection process for several teaching positions which opened up during the period in which she had her application on file with the district.

This Court will not disturb evidentiary rulings absent a showing that prejudice resulted. Sedco International, S.A. v. Cory, 683 F.2d 1201, 1207 (8th Cir.), cert. denied, 459 U.S. 512, 103 S.Ct. 379, 74 L.Ed.2d 512 (1982). Here, we need not consider whether the alleged evidence of prior discrimination was improperly excluded because Grebin was not prejudiced by its exclusion. In at least two of those openings the person hired was over forty, and in a third opening, Grebin conceded that the selection was "fair." This evidence, had it been admitted, would not have furthered Grebin's action for age discrimination. Therefore, the ruling was not prejudicial and must not be disturbed.

2. The alleged errors in the jury instructions.

Grebin argues that the trial court did not properly instruct the jury as to the shifting burdens of proof and the inference created by establishing a prima facie case of discrimination. Specifically, Grebin claims the court should have incorporated the three-part McDonnell-Douglas analysis of prima facie case, answer, and rebuttal into instruction...