EEOC v. Trans World Airlines, Inc.

• Decision Date: 13 August 1982
• Docket Number: No. 79 Civ. 4276 (JMC).,79 Civ. 4276 (JMC).
• Citation: 544 F. Supp. 1187
• Parties: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. TRANS WORLD AIRLINES, INC., Defendant.
• Court: U.S. District Court — Southern District of New York

544 F. Supp. 1187

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. TRANS WORLD AIRLINES, INC., Defendant.

No. 79 Civ. 4276 (JMC).

United States District Court, S. D. New York.

August 13, 1982.

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James R. Neely, Jr., Chicago, Ill., and Virginia Waters, New York City (Jean L. Schmidt and Brunhilda Sanders, of counsel), for plaintiff.

Kilpatrick & Cody, Atlanta, Ga., and Washington, D. C. (William H. Boice, Atlanta, Ga., and Joseph W. Dorn, Atlanta, Ga., and Washington, D. C., of counsel), for defendant.

OPINION

CANNELLA, District Judge.

After a nonjury trial on the merits of plaintiff's complaint, the Court finds for defendant. The complaint is dismissed.

BACKGROUND

Plaintiff Equal Employment Opportunity Commission "EEOC" commenced this action on August 15, 1979, pursuant to 29 U.S.C. §§ 217, 626(b), alleging that defendant Trans World Airlines, Inc. "TWA" had continuously engaged in unlawful employment practices since June 12, 1968, in violation of section 4(a) of the Age Discrimination in Employment Act "ADEA", 29 U.S.C. § 623(a). At trial, however, plaintiff narrowed the scope of its allegations to the following claims: (1) a "pattern or practice" of discrimination arising from the reorganization of defendant's Cargo Staff department in New York City in August 1976, and (2) discrete acts of discrimination in terminating or refusing to promote, transfer or reassign six employees because of their age.

On the third day of trial, the Court granted defendant's motion to dismiss those claims relating to the August 1976 Cargo Staff department reorganization on the ground that they were barred by the applicable statute of limitations, 29 U.S.C. § 255.¹ What remained were plaintiff's claims that TWA unlawfully denied promotions and/or reassignments to James A. Rooney, Maxwell McFall, John F. Murphy and Roger Cutrufello, and terminated George B. Kujawski and Vito A. Angerame. Plaintiff claims that all six employees are entitled to back pay.

Defendant contends it did not discriminate against the six employees on the basis of age. Moreover, defendant argues that plaintiff's evidence failed to establish a prima facie case of age discrimination with respect to many of the contested employment decisions, and that all the other contested decisions were made for legitimate, nondiscriminatory reasons.

Defendant is an employer engaged in an industry affecting commerce within the meaning of 29 U.S.C. § 630(b), (g), (h). Plaintiff conciliated all claims now pending in accordance with 29 U.S.C. § 626(b). The Court has jurisdiction pursuant to 28 U.S.C. §§ 451, 1345.

FACTS

James A. Rooney

James A. Rooney, born September 6, 1927, joined TWA in 1951 as a Transportation Agent in Chicago. He was promoted to his first management position in 1956 as a Station Supervisor, and promoted again in 1960 to Supervisor, Ticketing Procedures in Kansas City. In 1964, he became Regional Manager, Passenger and Cargo Services at John F. Kennedy International Airport "JFK" in New York City. In 1968, at the age of 40, he was promoted again to Supervisor, Cargo Reservation Services. In the latter position, he supervised a department of approximately six persons which monitored TWA's system-wide cargo activity on a daily basis. In 1969, Rooney joined TWA's Cargo Staff department at company headquarters in Manhattan as Manager, Cargo Charter Sales. In 1971, he became Manager, Freight Customer Services, and in 1974 he was promoted to Manager, Freight Regulations and Claims Prevention. Rooney then assumed the position of Manager, Freight Regulations and Procedures in January 1976, but in August 1976, he was demoted to Analyst, Central Cargo Control in Kansas City as a result of the Cargo Staff reorganization. At the time of trial, Rooney held the latter position.²

Rooney testified that he obtained extensive customer service and supervisory experience as Station Supervisor in Chicago from 1956 to 1960, Supervisor, Ticketing Procedures in Kansas City from 1960 to 1964, Regional Manager, Passenger and Cargo Services at JFK from 1964 to 1968, and Supervisor, Cargo Reservation Services at JFK from 1968 to 1969.³ Rooney acknowledged, however, that the last time he held a customer service position at an airport was 1960 as a Station Supervisor in Chicago.⁴

Rooney also testified that he had extensive cargo sales experience as Manager, Cargo Charter Sales in New York between 1969 and 1971.⁵ The latter was not a field position, although Rooney claimed he assisted field personnel in making sales and occasionally made direct sales to customers in the field.⁶ In addition, Rooney testified that he had finance experience. He stated, however, that this experience was of a personal nature gained in private real estate and stock transactions.⁷

Rooney testified that he gained experience with ticket sales when he worked as a Transportation Agent and Station Supervisor in Chicago from 1951 to 1960.⁸ He also said that between 1960 and 1964, as Supervisor, Ticketing Procedures in Kansas City, he was responsible for devising the ticketing procedures for the entire TWA system.⁹ He admitted, however, that his familiarity with city ticket offices, as opposed to airport ticket facilities, was limited to his transactions as a customer of TWA.¹⁰

Gene Ossler, who worked for TWA in various capacities from 1952 to 1976,¹¹ testified that he had had business dealings with Rooney on numerous occasions during his TWA career.¹² He stated that Rooney performed his duties as a Supervisor of Ticketing Procedures in Kansas City in an average to above-average fashion.¹³ He also said that Rooney had been cooperative and thorough in his dealings with Ossler while Rooney worked in cargo charters at JFK in the late 1960's.¹⁴

Ossler's last position with TWA was Director of Flight Operations in the Cargo Department in Manhattan, from June to August 1976, during which he supervised Rooney when he was Manager of Freight Regulations and Procedures. At trial Ossler testified that Rooney did an "outstanding" job in that position,¹⁵ although in prior deposition testimony, he acknowledged that he had not observed or been stationed with Rooney long enough to evaluate his performance in a formal manner.¹⁶

Plaintiff also introduced management performance evaluations of Rooney conducted by his supervisor, R. E. Pearles, in March 1977 and March 1978. In both, Pearles gave Rooney an overall evaluation of "4" on an ascending scale from "1" to "6". Pearles's comments on both were identical, and included the following: "Works very well with station personnel to achieve unit goals and objectives"; "manages unit function in efficient manner with little direction required from his Manager"; "has excellent knowledge of most facets of Cargo Operation. Also has extensive background in Ticketing, Budgets, Training"; "does good job of organizing and setting priorities"; and "works well with other managers of various levels." Pearles also stated in both evaluations that Rooney had "no subordinates and needs an assist in self motivation."¹⁷

Between October 1976 and August 1979, Rooney allegedly applied for more than fifty jobs within the TWA system.¹⁸ Nevertheless, plaintiff contended at trial that only eight of these positions were denied Rooney because of his age. Near the end of trial, the parties stipulated to withdraw Rooney's claims with respect to two jobs,¹⁹ and plaintiff has since apparently abandoned its claims with respect to two others.²⁰ Thus, only four denials of promotion are still contested.

1. Senior Analyst, Rate Proceedings (Kansas City)

Rooney applied for the position of Senior Analyst, Rate Proceedings in March 1977 when he was forty-nine years old.²¹ Plaintiff did not adduce evidence of the stated job requirements. Rooney testified, however, that the duties of the position included research and analysis leading to the preparation of reports and exhibits for rate and other proceedings before the Civil Aeronautics Board "CAB", and assisting TWA personnel who would testify or otherwise be involved in such proceedings.²²

Rooney was not selected for this position, but plaintiff did not adduce any evidence as to the name, age or qualifications of the successful applicant for the job. Indeed, Rooney testified that he did not know whether the job was ever filled.²³ Rooney and plaintiff requested this information, but defendant was not able to locate any records pertaining to this position.²⁴

2. Supervisor, Customer Services (Phoenix)

Rooney applied for this position in June 1977 and was rejected later that month.²⁵ Essentially, the job involved supervision of all customer service functions at the Phoenix airport, and its stated qualifications included "in-depth knowledge" of such functions.²⁶ Rooney admitted that he had last performed customer service functions at an airport in 1960 in Chicago.²⁷ Nevertheless, Ossler, who had previously supervised similar personnel, testified that Rooney was qualified for the position.²⁸

The successful applicant was James States, a thirty-six year old Group Supervisor of Customer Services at the Albuquerque airport, who had been performing functions identical to those required for this position for the previous six years. States had also held management positions since 1970 and had subordinates reporting to him in 1977.²⁹ At the time of selection, Rooney had no one reporting to him.³⁰ States also had an overall management performance evaluation of "5," as opposed to Rooney's "4."³¹ R. A. Barba, who made the selection, wrote to Rooney as follows: "A large number of applications were received from employees such as yourself and I chose to interview those employees whose background, work experience, and work record appeared best for the position."³²

3. Staff Analyst, Cargo Marketing (New York City)

On October 4, 1978, Rooney applied for this position by writing to...