Anaeme v. Diagnostek, Inc., 97-2102

• Citation: 164 F.3d 1275
• Decision Date: 06 January 1999
• Docket Number: No. 97-2102,97-2102
• Parties: 78 Fair Empl.Prac.Cas. (BNA) 1217, 74 Empl. Prac. Dec. P 45,729, 75 Empl. Prac. Dec. P 45,729, 98 CJ C.A.R. 265 Chibu C. ANAEME, Plaintiff--Appellant, v. DIAGNOSTEK, INC.; Health Care Services; and HPI, Defendants--Appellees.
• Court: U.S. Court of Appeals — Tenth Circuit

Page 1275

164 F.3d 1275

78 Fair Empl.Prac.Cas. (BNA) 1217,

74 Empl. Prac. Dec. P 45,729,

75 Empl. Prac. Dec. P 45,729, 98 CJ C.A.R. 265

Chibu C. ANAEME, Plaintiff--Appellant, v. DIAGNOSTEK, INC.; Health Care Services; and HPI,

Defendants--Appellees.

No. 97-2102.

United States Court of Appeals, Tenth Circuit.

Jan. 6, 1999.

Susan G. Chappell, Paul Livingston with her on briefs, Albuquerque, NM, for Plaintiff-Appellant.

Gregory L. Wilmes of Wilmes & Associates, Minneapolis, MN, Julie Savoie Wingert, General Counsel, MedManagement, LLC, Plymouth, MN, with him on brief for Defendants-Appellees.

Before PORFILIO, McKAY, and BRORBY, Circuit Judges.

McKAY, Circuit Judge.

In June 1995, Plaintiff Chibu Anaeme brought an action against Defendants Diagnostek, Inc., Health Care Services, and HPI in which he claimed disparate treatment and disparate impact under Title VII and racial discrimination under 42 U.S.C. § 1981. This case stems from Plaintiff's alleged submission to Defendants of approximately sixty employment applications for a staff pharmacist position between 1991 and 1994. Plaintiff received his Bachelor's of Science degree in Pharmacy from the University of New Mexico in 1986 and became a licensed pharmacist in New Mexico in 1989. In his complaint, Plaintiff alleged that Defendants discriminated against him on the basis of his race (Nigerian American) by failing to hire him or even interview him for a position as a staff pharmacist.

The district court granted summary judgment in favor of Defendants on Plaintiff's disparate impact claim, ¹ but it denied summary judgment on the disparate treatment and section 1981 claims. At the close of Defendants' case at trial, Plaintiff moved for a judgment as a matter of law. The court denied his motion. Subsequently, the jury found that Plaintiff's race was not a determining factor in Defendants' failure to hire him. Plaintiff moved for a new trial on three grounds: (1) the jury's verdict was contrary to the weight of the evidence; (2) after-acquired evidence prejudiced the jury despite an instruction not to consider this evidence in determining liability; and (3) the judgment was a miscarriage of justice. The district court denied the motion for a new trial. Plaintiff appeals the district court's denial of his motions for a judgment as a matter of law and a new trial. We exercise jurisdiction pursuant to 28 U.S.C. § 1291.

I.

Plaintiff's primary contention on appeal is that he was entitled to a judgment as a matter of law because Defendants failed to produce a legitimate, nondiscriminatory reason for not hiring him. He asserts that after he established a prima facie case of racial discrimination, Defendants did not meet their burden of providing a legitimate, nondiscriminatory reason for the alleged discriminatory action. In response, Defendants assert that they came forward with a legitimate, nondiscriminatory reason for not hiring Plaintiff, namely, that they had no record of receiving his applications. Defendants claim that they supported this explanation at trial with admissible evidence showing that they had no record of Plaintiff's applications, which indicated to them that he did not apply for a job. Defendants also assert that admissible evidence supported their explanation by indicating that, even if they had received any of Plaintiff's applications, they either lost them, discarded them after a period of time, or rejected them for facial deficiencies. Moreover, Defendants argue, they did not discriminate against Plaintiff on the basis of his race, and Plaintiff did not meet his ultimate burden of proving racial discrimination.

Applying the same standard as the district court, we review de novo the district court's denial of a motion for judgment as a matter of law. See Mason v. Oklahoma Turnpike Auth., 115 F.3d 1442, 1450 (10th Cir.1997). Judgment as a matter of law "is warranted only if the evidence points but one way and is susceptible to no reasonable inferences supporting the party opposing the motion." Id. In reviewing a motion for judgment as a matter of law, we must construe the evidence and the inferences therefrom most favorably to the nonmoving party. See Wolfgang v. Mid-America Motorsports, Inc., 111 F.3d 1515, 1522 (10th Cir.1997). "[W]e may not weigh the evidence, [assess] the credibility of witnesses, or substitute our judgment for that of the jury." Id.; see also Mason, 115 F.3d at 1450.

Title VII of the Civil Rights Act of 1964 prohibits the failure or refusal to hire any individual on the basis of race, color, religion, gender, or national origin. See 42 U.S.C. § 2000e-2(a)(1). Under Title VII, the crucial inquiry is whether "the defendant intentionally discriminated against the plaintiff." Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). The Supreme Court has explained that a plaintiff may prove intentional discrimination either by direct or circumstantial evidence. See United States Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711, 714 n. 3, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983); see also St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 526, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993) (Souter, J., dissenting) (stating that McDonnell Douglas framework allows "plaintiffs and courts to deal effectively with employment discrimination revealed only through circumstantial evidence"). Because no direct evidence of intentional discrimination existed in this case, Plaintiff utilized the burden-shifting format established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), to attempt to show intentional discrimination.

Where the plaintiff must prove his case by circumstantial evidence, as here, he first must make out a prima facie case of discrimination. See id. at 802-04, 93 S.Ct. 1817 (setting forth the burden-shifting framework). To establish a prima facie case of disparate treatment as a result of the prospective employer's failure to hire, a plaintiff must show that (1) he applied for an available position; (2) he was qualified for the position; and (3) he "was rejected under circumstances which give rise to an inference of unlawful discrimination." Burdine, 450 U.S. at 252-53, 101 S.Ct. 1089; see McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. The establishment of the plaintiff's prima facie case creates a presumption that the defendant unlawfully discriminated against the plaintiff. See Burdine, 450 U.S. at 254, 101 S.Ct. 1089. The defendant then must articulate a legitimate, nondiscriminatory reason for the failure to hire the plaintiff. See id. If the defendant has produced such a justification, the plaintiff then has the opportunity to convince the jury that the reason offered by the defendant is merely pretext and that the defendant's adverse employment action was motivated by racial discrimination. See Hicks, 509 U.S. at 508, 515-16, 113 S.Ct. 2742.

The ultimate question under Title VII of whether the defendant intentionally discriminated against the plaintiff is one for the trier of fact to decide. See id. at 518-19, 113 S.Ct. 2742 (citing Aikens, 460 U.S. at 714-16, 103 S.Ct. 1478); Elmore v. Capstan, Inc., 58 F.3d 525, 527 (10th Cir.1995). Consequently, once the McDonnell Douglas framework of presenting proof is complete, "we are left with 'the single overarching issue whether [the] plaintiff has adduced sufficient evidence to warrant [the trier of fact's] determination that adverse employment action was taken against him on the basis of [race].' " ² Elmore, 58 F.3d at 530 (quoting Fallis v. Kerr-McGee Corp., 944 F.2d 743, 744 (10th Cir.1991)). In this regard, " 'the ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.' " Hicks, 509 U.S. at 507, 113 S.Ct. 2742 (quoting Burdine, 450 U.S. at 253, 101 S.Ct. 1089)).

The district court's finding that Plaintiff "satisfied the minimal requirements" of a prima facie case is not disputed. Id. at 506, 113 S.Ct. 2742. Instead, Plaintiff challenges the court's determination that Defendants met their burden of production by articulating a legitimate, nondiscriminatory reason for not hiring him. He contends that Defendants failed to meet this burden for two reasons: (1) Defendants cannot base their reason on inadmissible after-acquired evidence; and (2) Defendants' explanation did not raise a genuine issue of material fact because it was disputed by four letters from Defendants to Plaintiff indicating that they received four of his applications. Therefore, Plaintiff claims, the presumption of unlawful discrimination remained unrebutted and he was entitled to a judgment as a matter of law. Plaintiff's arguments are without merit for a number of reasons.

First, we believe that Defendants met their burden of production. The defendant's burden to articulate a nondiscriminatory reason has been characterized as an "exceedingly light" one. Perryman v. Johnson Prods. Co., 698 F.2d 1138, 1142 (11th Cir.1983). "The defendant need not persuade the court that it was actually motivated by the proffered reasons. It is sufficient if the defendant's evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff." Burdine, 450 U.S. at 254-55, 101 S.Ct. 1089. To satisfy this burden, "the employer need only produce admissible evidence which would allow the trier of fact rationally to conclude that the employment decision had not been motivated by discriminatory animus." Id. at 257, 101 S.Ct. 1089. However, "the determination that a defendant has met its burden of production ... involve[s] no credibility assessment." Hicks, 509 U.S. at 509, 113 S.Ct. 2742. The Supreme Court emphasized in Hicks that, "[b]y producing evidence (whether ultimately persuasive or not) of nondiscriminatory reasons, [employers] sustain[ ] their burden of production, and thus place[ ] themselves in a ...