Fields v. J.C. Penney Co., Inc.
| Decision Date | 18 August 1992 |
| Docket Number | No. 91-2647,91-2647 |
| Citation | 968 F.2d 533 |
| Parties | 59 Fair Empl.Prac.Cas. (BNA) 1115, 59 Empl. Prac. Dec. P 41,730 Harry B. FIELDS, III, Plaintiff-Appellee Cross-Appellant, v. J.C. PENNEY COMPANY, INC., Defendant-Appellant Cross-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Nicholas A. O'Kelly, Dallas, Tex., for defendant-appellant.
Lynn J. Klement, Klement & McConnell, Angleton, Tex., for plaintiff-appellee.
Appeals from the United States District Court for the Southern District of Texas.
Before JOHNSON, GARWOOD, and WIENER, Circuit Judges.
Harry B. Fields, III, sued J.C. Penney Co., Inc. (J.C. Penney), his former employer, claiming age discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 through § 634. The jury found in favor of Fields on his claim and the district court awarded damages based upon the jury's verdict. The district court declined to grant J.C. Penney's motions for directed verdict and motion for judgment notwithstanding the verdict (JNOV). J.C. Penney appeals these rulings as well as rulings admitting certain disputed evidence. Fields cross-appeals for prejudgment interest on the backpay awarded by the jury. Persuaded that the district court erred in denying J.C. Penney's motion for directed verdict at the close of plaintiff's evidence, we reverse and render judgment in favor of J.C. Penney.
The undisputed evidence at trial demonstrated the following facts. Harry B. Fields, III, the forty-three year old plaintiff in this case, worked for J.C. Penney from 1967 until 1989 when he was fired. During that time, Fields held several different managerial positions in various J.C. Penney stores. In November 1987, Fields was transferred to J.C. Penney's Bay City store where he was assigned duties as the merchandising manager of the women's fashions departments. As a merchandising manager, Fields was required to maintain an inventory of desirable merchandise by estimating sales and also preventing the departments from becoming overstocked. His duties also required that he manage sales personnel and present merchandise in an appealing manner. These were duties similar to those held by Fields at previous J.C. Penney stores.
When Pat Allen became the Bay City store manager in July 1988, he noted that Fields was having difficulty in several areas of Fields' responsibility. In a December 1988 performance review, Allen downgraded Fields' performance from level 3 (average) to level 4 (needs improvement). He also placed Fields on probation and set goals to assist Fields in regaining his satisfactory rating. In a subsequent performance review, Fields was again rated a level 4. His probationary period was extended 90 days, and Allen provided Fields a new list of objectives. On May 9, 1988, Allen fired Fields for failing to meet these objectives and for failing to improve his performance to Allen's expectations. Allen assumed Fields' duties, in addition to his regular managerial duties, and performed them for nearly two years until January 1991, when Allen was transferred to another store.
Shortly after Fields was fired in May 1989, J.C. Penney hired a new shoe salesperson, a Ms. Chris Ruth. Seventeen months later, in October 1990, Ruth was promoted to merchandise manager for the women's shoe department, a job which Fields had not previously held. Nevertheless, based on the fact that the new employee was younger than he was, Fields brought the instant suit pursuant to the ADEA claiming that he had been in effect replaced by the new employee and that he had been terminated because of his age (43). At trial the district court denied two motions for directed verdict made by J.C. Penney--one at the close of plaintiff's evidence and one at the conclusion of all of the evidence.
The jury found that Fields' age contributed to his firing and assessed damages of $24,196 as backpay and $75,000 as future lost wages. J.C. Penney moved for JNOV and a new trial; the motion was denied by the district court. J.C. Penney appeals.
J.C. Penney has appealed the district court rulings on its motions for directed verdict and JNOV. By those motions, J.C. Penney asserted that Fields did not prove a prima facie violation of ADEA.
The standard of review for analyzing the district court's rulings on a motion for directed verdict and a motion for JNOV is substantially the same. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). This Court must review the decision of the district court by examining the evidence before the jury and the reasonable inferences drawn from that evidence. The aim is to determine whether a rational jury could reach the conclusion that this jury actually reached. This Court utilizes the same standard as the district court to determine whether sufficient evidence exists to support the jury verdict. "If the facts and inferences point so strongly and overwhelmingly in favor of one party that the Court believes that reasonable men could not arrive at a contrary verdict," the court should grant a motion for directed verdict or a motion for judgment notwithstanding the verdict. Boeing Co. v. Shipman, 411 F.2d 365, 374 (5th Cir.1969) (en banc).
In order to recover under the ADEA, the plaintiff must first prove a prima facie case of age discrimination. To do so, the plaintiff must present evidence to show that: (1) he was discharged; (2) he was qualified for the position; (3) he was within the protected class at the time of discharge; and either (4)(a) he was replaced by someone outside the protected class, or (b) he was replaced by someone younger, or (c) he was otherwise discharged because of his age. 1 Bienkowski v. American Airlines, Inc., 851 F.2d 1503, 1504-05 (5th Cir.1988). 2 The burden of production does not shift to the defendant until evidence sufficient to prove a prima facie case of discrimination has been presented. Bohrer v. Hanes Corp., 715 F.2d 213, 218 (5th Cir.1983).
There is no dispute with respect to the first and third of these elements: Fields was discharged, and he was within the protected class at the time of discharge. There was dispute as to the second element, whether Fields was qualified. There was a quantity of statistical evidence introduced at trial on that issue, evidence which was subject to interpretation by the jury and which constituted some evidence upon which the jury could have found that Fields was qualified. This Court need not examine the evidence introduced on the second element in detail as the fourth and final element is dispositive of this case.
The fourth and final element necessary to prove a prima facie case is that Fields was replaced with someone younger or outside the protected class, or he was otherwise discharged because of his age. There is no evidence in the record indicating that Fields' replacement was younger or outside the protected class. During cross-examination, Fields stated that he did not know who replaced him after he was fired.
In contrast to Fields' testimony was the testimony of Allen, the store manager who fired Fields. Allen stated that he assumed the duties of Fields and that he was 47 years of age at the time, four years older than Fields. Allen also testified that Ruth, the employee who was later promoted to merchandising manager of the shoe department, was not hired to replace Fields. It is therefore immaterial that Ruth was younger than Fields. Ruth's job was separate and apart from any duties previously performed by Fields.
A careful review of the record shows that the only evidence Fields presented to substantiate the fourth element of an ADEA claim was the testimony of Allen. He presented no other affirmative evidence. Moreover, he presented no controverting evidence to rebut Allen's statement that Allen himself assumed Fields' duties. Thus, the only evidence in the record showed that an older employee and not a younger one...
To continue reading
Request your trial
-
Rhodes v. Guiberson Oil Tools
...(5th Cir.1993) ("The Fifth Circuit ... has adopted the St. Mary's procedural roadmap for ADEA cases."); see also Fields v. J.C. Penney Co., 968 F.2d 533, 536 n. 2 (5th Cir.1992) (referring to McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), a Title VII c......
-
Jimenez v. Dyncorp Intern., LLC
...for a prima facie case has been modified to fit the different statutory construction of the ADEA. See Fields v. J.C. Penney Co., Inc., 968 F.2d 533, 536 n. 2 (5th Cir.1992). Moreover, in one of the cases Plaintiff cites, the Fifth Circuit noted that "it is inappropriate simply to transplant......
-
Anderson v. Goodyear Tire & Rubber Co.
...under the McDonnell Douglas test provided there is a sufficient difference in the age of the two parties." Fields v. J.C. Penney Co., Inc., 968 F.2d 533, 536 n. 2 (5th Cir.1992). Thus, the fact that Downey, a younger employee in his thirties, filled the position vacated by Anderson, an olde......
-
Holmes v. Drug Enforcement Admin.
...40, but younger than Plaintiff; or otherwise discharged her due to her age. See Bodenheimer, 5 F.3d at 957; Fields v. J.C. Penney Co., 968 F.2d 533, 536 & 536 n. 2 (5th Cir.1992). Plaintiff has not presented any evidence that the Defendant replaced her with an individual under the age of 40......