Bell Helicopter Textron, Inc. v. Burnett
Decision Date | 14 June 2018 |
Docket Number | NO. 02-16-00489-CV,02-16-00489-CV |
Parties | BELL HELICOPTER TEXTRON, INC., Appellant v. Brian BURNETT, Appellee |
Court | Texas Court of Appeals |
ATTORNEY FOR APPELLANT: CYNTHIA HILL, DECKER JONES PC, JOSEPH SPENCE, BONDS ELLIS EPPICH SCHAFER JONES LLP, FORT WORTH, TX.
ATTORNEY FOR APPELLEE: WALLACE JEFFERSON, AMY WARR, ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP, AUSTIN, TX, JASON SMITH, LAW OFFICE OF JASON SMITH, FORT WORTH, TX.
PANEL: WALKER and PITTMAN, JJ.; CHARLES BLEIL (Senior Justice, Retired, Sitting by Assignment).
The trial court awarded appellee Brian Burnett damages for age discrimination after appellant Bell Helicopter Textron, Inc. fired him when he was forty years old. In six issues, Bell Helicopter contends that the evidence is legally and factually insufficient to support several findings on liability; that the trial court abused its discretion by awarding Burnett front pay; and that, alternatively, the labor code caps Burnett’s damages for front pay and for future mental anguish. We hold that the evidence, although conflicting in some respects, supports the trial court’s findings on liability and on damages; we decline to second-guess those findings based on our review of the cold appellate record. We also conclude that the labor code does not cap the trial court’s awards for front pay and for future mental anguish. We therefore affirm the trial court’s judgment.
Burnett was born in August 1973. He was twenty-two years old in 1996 when he began working for Bell Helicopter—a rotor aircraft business—as a stock clerk. The stock clerk position required him to pull parts for customers and to process bills of lading. He worked as a stock clerk for three years before he became a dispatcher at Bell Helicopter for two years. As a dispatcher, he was responsible for ensuring that parts reached assemblers on time.
Burnett later worked in Bell Helicopter’s data release department, performing clerical work. His main function was to load engineering orders and drawings into a computer system. After working in that department for nine years, he worked in a similar department that was responsible for making changes to manufacturing plans. He received a fifteen-year service award in 2011.
In 2012, Burnett obtained a position as a senior manufacturing operations specialist, his first nonunion job at Bell Helicopter. When he took the position, he understood that it would be more demanding and that it required different skills than his union jobs, including enhanced communication skills. The position paid him approximately $47 per hour to oversee the assembly of certain parts and the transfer of those parts to Bell Helicopter’s representatives in Canada, where the final assembly of Bell Helicopter’s "412" aircraft—its most profitable helicopter—occurred. Burnett’s position required him to prepare for and host online meetings with the Canadian representatives; his job description required him to, among other tasks, prepare and deliver oral presentations. The Canadian representatives depended on the information from employees in Texas for planning how the representatives could meet commitments to customers.
In 2012, Rebecca Rosenbaum, who was in her early thirties, began preparing to replace Kimbro as Burnett’s supervisor. According to Rosenbaum, when she observed Burnett in meetings that year, she concluded that his "communication was not as crisp or as clear" as other employees and that there were "significant challenges to his program."
During Burnett’s time as an operations specialist, Bell Helicopter’s attempt to use a new computer system caused significant problems for the entire company. Burnett’s department began having daily calls with the Canadian representatives about the assembly and shipping of transmissions and gearboxes. Burnett and Rosenbaum often participated together in the calls. Also, once a week, Burnett used a PowerPoint presentation to communicate with the Canadian representatives. The PowerPoint presentation included information about aircraft parts and about "critical areas that [Burnett] thought [he] needed to bring to management’s attention."
Eventually, Burnett asked Rosenbaum to provide "some relief off the lower priority programs that [he] had" and "told her if that if somebody could help [him] with those[,] then [he] could spend more time with the 412 program and help improve that program." Rosenbaum responded to his request by giving some of his work to an older employee so that he could "focus on the communication and the critical deliverables that were so key to making the programs that he was responsible for successful."
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