Johnson v. Yellow Freight System, Inc.

• Decision Date: 28 June 1984
• Docket Number: No. 83-1695,83-1695
• Citation: 734 F.2d 1304
• Parties: 34 Fair Empl.Prac.Cas. 1503, 34 Empl. Prac. Dec. P 34,403, 15 Fed. R. Evid. Serv. 1463 William Ray JOHNSON, Appellant, v. YELLOW FREIGHT SYSTEM, INC., Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 1304

734 F.2d 1304

34 Fair Empl.Prac.Cas. 1503,

34 Empl. Prac. Dec. P 34,403,

15 Fed. R. Evid. Serv. 1463

William Ray JOHNSON, Appellant, v. YELLOW FREIGHT SYSTEM, INC., Appellee.

No. 83-1695.

United States Court of Appeals,

Eighth Circuit.

Submitted Dec. 14, 1983.

Decided May 22, 1984.

Rehearing and Rehearing En Banc Denied June 28, 1984.

Robert W. McKinley, John J. Kitchin, Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, Mo., and Daniel L. Hornbeck, Overland Park, Kan., for appellee.

Samuel I. McHenry, Legal Aid of Western Mo., Kansas City, Mo., for appellant.

Before McMILLIAN, JOHN R. GIBSON and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Appellant William Ray Johnson brought this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000e to 2000e-17, and under 42 U.S.C. Sec. 1981. Johnson, who is black, claimed that his discharge from employment with defendant Yellow Freight Systems, Inc., resulted from racial discrimination. The district court denied Johnson relief on the Title VII claim, and the jury returned a verdict in Yellow Freight's favor on the Sec. 1981 claim. We affirm.

Yellow Freight operates a line-haul freight operation of nationwide scope. A relay system of transporting freight is used so that freight is not necessarily driven the entire journey by the same driver in a single tractor-trailer hitch, but is relayed from one terminal to another. A sophisticated computer system is used to coordinate the movement of freight among over 300 Yellow Freight terminals. The efficiency of the computer system depends on accurate and timely information being input by line-haul dispatchers at each terminal, giving the status and location of drivers, tractors, trailers and loads of freight.

Johnson was employed at the Kansas City terminal for Yellow Freight in May 1977 and promoted to line-haul dispatcher in January 1978. William Ross became top manager of the terminal in July 1979. Ross revamped the line-haul dispatch function. He established teams of three by adding a chief dispatcher to each team of one inbound dispatcher and one outbound dispatcher. Johnson was placed on a team as outbound dispatcher with Rene Thompson, a white female, as inbound dispatcher and Levon Robinson, a black male, as chief dispatcher.

Ross testified that from the time the team was formed there were many more complaints about Johnson's team than about other teams. Lorenzo Crawford, Johnson's second-line supervisor, and personnel from the central dispatch office testified that Johnson failed to send information to the computer on a timely basis, causing scheduling problems for the central dispatch office. Central dispatch supervisor Richard Pate testified that Johnson often failed to answer the telephone in his office. It was Johnson's office to which dispatch inquiries were directed. Crawford testified that Johnson was not performing yard checks to see which tractors and trailers were available for dispatch.

Because of these problems, Ross and Crawford decided to terminate Johnson. Johnson was informed that he was being discharged on December 17, 1979. On March 18, 1980, Johnson filed a complaint with the Equal Employment Opportunity Commission (EEOC). After investigating the complaint, the EEOC issued a determination that reasonable cause existed to believe that Yellow Freight had discriminated illegally in its discharge of Johnson. When Yellow Freight did not offer to re-employ him, Johnson brought suit in the district court.

Johnson contends that the district court erred in holding that the evidence did not support a finding that defendant discriminated against him in violation of Title VII by discharging him on December 17, 1979. Johnson also challenges four rulings by the district court excluding evidence offered as proof of discrimination: (1) the refusal to admit the EEOC determination on his complaint as evidence in the Sec. 1981 claim being tried to the jury; (2) the refusal to admit evidence of statements made by defendant during a meeting requested by Johnson to seek reinstatement; (3) the refusal to allow cross-examination regarding the status of settlement discussions between defendant and defendant's witness Rene Thompson, a former white female employee, in relation to her disputed discharge; and (4) the refusal to allow cross-examination concerning a letter being circulated by current black employees complaining of racial discrimination by defendant in promotion practices.

Review of Title VII Decision

The principles for the order and allocation of proof in a Title VII case are outlined in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under McDonnell Douglas, the plaintiff in a Title VII case must first prove by a preponderance of the evidence a prima facie case of discrimination. Once the plaintiff establishes a prima facie case, the burden of coming forward with a legitimate nondiscriminatory reason for the employment decision in question shifts to the employer. Upon the articulation by the employer of such a reason, the burden shifts back to the plaintiff to prove, by a preponderance of the evidence, that the reasons articulated by the employer are in fact a mere pretext for unlawful discrimination. Although the burden of production shifts back and forth, the ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff. Texas Dep't. of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093-1094, 67 L.Ed.2d 207 (1981).

Defendant's Rebuttal of Plaintiff's Prima Facie Case

It is clear that Johnson established a prima facie case of discriminatory discharge by showing that (1) he is a member of a protected class; (2) he was capable of performing his job satisfactorily; and (3) he was discharged. Boner v. Board of Comm'rs., 674 F.2d 693, 696 (8th Cir.1982); Johnson v. Bunny Bread Co., 646 F.2d 1250, 1253 (8th Cir.1981). As the district court observed, the dispute centers not on Johnson's capabilities, but on his actual job performance.

The first task before the district court was to determine whether defendant had rebutted Johnson's prima facie case by articulating a legitimate business reason for the discharge. Board of Trustees v. Sweeney, 439 U.S. 24, 25, 99 S.Ct. 295, 296, 58 L.Ed.2d 216 (1978). Yellow Freight offered substantial testimony that Johnson was not performing his job satisfactorily and that he was fired for poor work performance during the period from September 1979 until December 1979. After viewing the witnesses and hearing all their testimony, the district court found that it was Johnson's primary responsibility to enter promptly dispatch information in the computer system and to answer the telephone line from the central dispatch office, which he failed to do. The court also found that Johnson was responsible for, but failed to perform, daily yard checks to verify which tractors and trailers were available for dispatch.

The trial court is in a superior position to determine the credibility of witnesses and to resolve conflicts in the testimony. Bunny Bread, 646 F.2d at 1253. Factual findings of the trial court are not to be set aside on review by this Court unless they are clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. See Fed.R.Civ.P. 52(a); Walker v. International Business Machines Corp., 698 F.2d 959, 962 (8th Cir.1983). A careful review of the record in this case does not convince us that the district court's findings of fact are clearly erroneous. Accordingly, Johnson's termination must be examined in light of those findings. Bunny Bread, 646 F.2d at 1254. Because poor work performance is a legitimate ground upon which to base a discharge, it is apparent that Yellow Freight articulated a sufficient reason for Johnson's discharge and thereby rebutted his prima facie case.

Pretext

Johnson argues that Yellow Freight's stated reasons for his discharge are merely a pretext for unlawful discrimination. To prevail on this point, Johnson must show such pretext by a preponderance of the evidence. Kirby v. Colony Furniture Co., Inc., 613 F.2d 696, 703 (8th Cir.1980). The district court found that Johnson did not make the necessary showing of pretext. We have concluded, supra, that the district court's findings of fact were not clearly erroneous. Additionally, the court correctly applied the relevant law on this issue to these facts. Accordingly, we affirm the ruling of the district court on the issue of pretext.

In attempting to establish pretext, Johnson submitted copies of five evaluations showing average or better job performance through sometime in September 1979. Based on these evaluations, his own testimony, and favorable testimony by Robinson regarding his work performance, Johnson contends that his work performance was satisfactory. However, the findings of the district court that Johnson was not performing the primary responsibilities of his job foreclose Johnson's attempt to prove pretext by showing that his work was satisfactory.

Johnson further claims that white supervisory employees received written warnings for unsatisfactory work performance, but that he received no such written warning. Johnson claims that, even assuming his work was unsatisfactory, this disparate treatment evidenced defendant's intent to discriminate. Although Title VII permits discharge without a warning, it does not permit discriminatory application of a warning policy. McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 283-84, 96 S.Ct. 2574, 2580-2581, 49 L.Ed.2d 493 (1976). Johnson submitted evidence showing that four white supervisory employees received letters criticizing their work within two-and-one-half years prior to his termination. A few warning letters also were sent out to white supervisors after July 1980...