Blake v. J.C. Penney Co., Inc.
| Citation | 894 F.2d 274 |
| Decision Date | 16 January 1990 |
| Docket Number | 88-2861,Nos. 88-2761,s. 88-2761 |
| Parties | 51 Fair Empl.Prac.Cas. 1564, 52 Empl. Prac. Dec. P 39,577 Euna Fay BLAKE, Appellant, v. J.C. PENNEY CO., INC., Appellee. Euna Fay BLAKE, Appellee, v. J.C. PENNEY CO., INC., Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Betsy Hall Bender, Ft. Smith, Ark., for appellant.
Mark Petzinger, Dallas, Tex., for appellee.
Before BEAM, Circuit Judge, HEANEY and BRIGHT, Senior Circuit Judges.
In this action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Secs. 621-634 (1982 & Supp. V 1987), Euna Fay Blake appeals the district court's order granting J.C. Penney Co., Inc. (JCPenney) judgment n.o.v. or, in the alternative, a new trial and assessing costs against her. Blake contends that the evidence supported the initial $70,000 judgment entered in her favor following the jury's findings on a special verdict form that JCPenney willfully terminated her employment because of her age. 1 JCPenney cross-appeals, arguing that the district court's omission of JCPenney's proposed "business judgment" instruction requires retrial in the event of reversal. JCPenney further argues for a reduction in damages should this court reinstate a judgment for Blake based on the jury's responses to interrogatories. For reasons discussed below, we reverse the judgment n.o.v. as to liability, set aside the order granting new trial and reinstate the jury verdict for actual damages only in the sum of $35,000. In addition, we deny JCPenney's cross-appeal on the jury instruction issue and for reduction of actual damages below $35,000. However, we agree with JCPenney that willfulness has not been shown. Therefore, the judgment for actual damages will be limited to $35,000 as awarded by the jury, subject, however, to an increase by the district court on equitable grounds.
Our review of the district court's grant of judgment n.o.v. requires us to view the evidence in the light most favorable to Blake. See Brooks v. Woodline Motor Freight, Inc., 852 F.2d 1061, 1063 (8th Cir.1988). We present the relevant facts accordingly.
In April 1986, JCPenney terminated Blake from her position as a selling specialist (salesperson) in the shoe department, allegedly for slapping another employee. At the time of her termination, Blake, then fifty-six, was the eldest and most experienced shoe department employee. Blake had worked for JCPenney since October 1968 and earned an average of $8.83 per hour as a commission salesperson.
During her seventeen years with JCPenney, Blake maintained an excellent work record. For each of the two years preceding her termination, Blake received the highest possible ratings in JCPenney's annual "Performance Review." The evaluations praised Blake for her sales record, initiative, knowledge of merchandise and leadership in the department. For example, in 1984, Shoe Department Manager Reba Pfeiffer, Blake's immediate supervisor, included the following written comments on Blake's evaluation:
Eunice is a valuable asset to the shoe department. She manages to exceed productivity goals, yet still do her share of stocking & housekeeping. She identifies needed merchandise and problem merchandise. She assist [sic] in training other associates. Eunice has an opportunity to improve communication with other associates so that tasks are completed on time. I would hate to think of a J.C. Penney shoe dept. without a Eunice Blake. The Company she [sic] be proud to have Eunice working for them.
Plaintiff's Exhibit 2. In addition, a week before her termination, Blake ranked among the top ten shoe salespersons for all JCPenney stores in the entire southeastern United States.
Despite Blake's exemplary performance, however, Pfeiffer repeatedly threatened to fire her for trivial matters. According to Blake's testimony:
Nothing I did ever pleased her orally.
She would contin--There wasn't a week or a month went by that she wouldn't threaten to fire me. If my stock wasn't--she didn't think it was right or if my display--if a customer come [sic] along and messed up a shoe, I've been threatened to be fired; if somebody put a shoe out of place on the display out in the front of the store [sic].
Trial Transcript, vol. 1, at 16. In addition, Pfeiffer assigned Blake to stock nine of the twenty-eight racks of merchandise in the shoe department, while requiring other, younger salespersons to stock at most four racks. Indeed, Blake testified that Pfeiffer required Blake to set an example and expected more from her, in part, because of her age.
In 1984, JCPenney hired Daniel Hubbard, age twenty-five, to work as a salesperson in the shoe department. From the time of his arrival, Hubbard subjected Blake to repeated verbal harassment directed at her age and state of mind. Hubbard called Blake a "senile old woman" and a "crazy old woman," and told Blake, Trial Transcript, vol. 1, at 21, 90, 101, 105, 173. Hubbard, the number two salesperson in the department, often stepped up his age-related comments after Blake, the top salesperson, had made an exceptional sale.
Blake made numerous reports of this age harassment to JCPenney's supervisory and management staff. Blake complained several times to Pfeiffer about Hubbard's derogatory statements and name-calling. Each time Pfeiffer promised to take care of it, but Hubbard's behavior continued. Blake's co-worker, Royce Coleman, also informed Pfeiffer of Hubbard's behavior.
On at least four occasions, Blake informed Personnel Manager Nelda Moore that Hubbard had been calling her "crazy old woman and senile old woman" and requested transfer to another department. While Moore promised to take care of the problem, no improvement resulted. In addition, Moore refused Blake's transfer requests without offering a reason, even though transfers to other departments were routine.
In the months preceding her dismissal, Blake also approached General Merchandise Manager Marty Guinn and told him of Pfeiffer's threats of termination and Hubbard's age-directed harassment. At that time, Blake requested transfer to another department. Guinn instructed Blake to return to the sales floor and said that he would handle the matter. Again, the situation failed to improve.
During the first week in April 1986, Blake came under considerable stress due to a family health crisis. Blake informed Pfeiffer and other shoe department employees of the problem. Hubbard's behavior toward Blake worsened, however, after he became aware of Blake's personal difficulties. Consequently, Blake again approached Moore for a transfer, offering to work in any other department even if it meant reduced compensation. Blake recounted Moore's response to the transfer request as follows:
She told me that I only had three years to go, and that she worked with people that she didn't care for and for me to go back down on the floor; that I could stand anything for three years.
Trial Transcript, vol. 1, at 30. Moore's mention of "three years" referred to the time remaining before Blake would become eligible to take early retirement.
On Saturday, April 19, 1986, Blake and Hubbard worked together for several hours. Hubbard spent much of the shift tying up customers by waiting on several at once, rather than taking turns as was the shoe department practice. Hubbard then violated another department custom by waiting on a customer that Blake had already approached. When Blake confronted Hubbard in the stock room, he told her, "[G]et out of the way you senile old thing." Thereupon, Blake slapped Hubbard across the face, producing a visible mark.
According to JCPenney, a customer witnessed the slap and reported it to the on-duty store manager. Hubbard's testimony by deposition, however, indicates that Hubbard made the report himself. At any rate, the manager discussed the incident with Hubbard and permitted him to go home. Blake worked the remainder of the shift and the entire next day without comment from JCPenney management.
On Monday, Personnel Manager Moore investigated the incident. Although Moore interviewed several shoe department employees, she never attempted to contact Blake. The record remains unclear whether Blake contacted Moore. At trial, Moore stated, "I knew her side of the story," but nevertheless claimed that the slap had occurred without provocation.
The following day, Tuesday, a JCPenney management team, including Personnel Manager Moore, Operations Manager Frederick, General Merchandise Manager Guinn and Store Manager Wayne Hancock, assisted by in-house counsel, decided to terminate Blake's employment. According to Moore, the Company's Personnel Procedures Manual left the management team no choice because Blake had "assaulted" a co-worker. See Personnel Procedures Manual, J.C. Penney Co., Inc. Sec. 1006.01 (Mar. 1986) [hereinafter Manual] (listing "[a]ssaulting an associate or customer" as cause for summary dismissal without prior notice). In addition, Store Manager Hancock contended that workplace safety concerns and employee morale motivated the discharge decision as well.
At 5:00 p.m. on Tuesday, Moore asked Blake to come to her office. When Blake arrived, Moore had already completed a standard dismissal form and Blake's separation pay lay in an envelope on Moore's desk. The dismissal form gave the following reasons for Blake's discharge:
You are being dismissed this day for Code 78 Assaulting an Associate....
This violent display of emotion on your part is totally unacceptable. Regardless of assumed provocation--assaulting an associate is prohibited as we are legally required to provide a safe working enviorment [sic] for all associates.
Defendant's Exhibit 2 (emphasis added).
Blake refused to sign the form and did not offer any statement, oral or written. The parties dispute whether Moore ever...
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