Lawrence v. Northrop Corp.

• Decision Date: 08 October 1992
• Docket Number: No. 92-1702,92-1702
• Parties: 60 Fair Empl.Prac.Cas. (BNA) 519, 60 Empl. Prac. Dec. P 41,885 Sidney R. LAWRENCE, Plaintiff, Appellant, v. NORTHROP CORPORATION, Defendant, Appellee. . Heard
• Court: U.S. Court of Appeals — First Circuit

Page 66

980 F.2d 66

60 Fair Empl.Prac.Cas. (BNA) 519,

60 Empl. Prac. Dec. P 41,885

Sidney R. LAWRENCE, Plaintiff, Appellant, v. NORTHROP CORPORATION, Defendant, Appellee.

No. 92-1702.

United States Court of Appeals First Circuit.

Heard Oct. 8, 1992.

Decided Nov. 25, 1992.

Paul A. Manoff, Boston, Mass., for appellant.

Joseph D. Regan with whom Donahue & Donahue, Lowell, Mass., was on brief, for appellee.

Before BREYER, Chief Judge, BROWN, ^* Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

On September 2, 1988, defendant-appellee Northrop Corporation ("Northrop") terminated the employment of plaintiff-appellant Sidney R. Lawrence ("Lawrence"). Believing that his discharge stemmed from impermissible age discrimination, Lawrence sued Northrop under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634 (1985 & Supp.1992). The district court entered summary judgment in Northrop's favor. We affirm.

I. STATE OF THE RECORD

As an initial matter, we note that Lawrence's counsel, in opposing Northrop's summary judgment motion and in framing the instant appeal, has presented both the district court and this panel with factual allegations and legal theories that bear little, if any, resemblance to those found in the complaint. In addition, as support for the new allegations and theories, counsel has submitted, without any appreciable attempt at useful elaboration, a cornucopia of disjointed deposition excerpts and unexplained discovery documents. Given such a record, any attempt to set forth the facts underpinning Lawrence's various allegations, without context, would be an Augean labor. Accordingly, we find it more worthwhile to begin by reciting the relevant legal norms, and then to use our recitation as a lens through which to focus Lawrence's somewhat clouded presentation.

II. LAW TO BE APPLIED

A. Summary Judgment

Summary judgment operates "to pierce the boilerplate of the pleadings and assay the parties' proof in order to determine whether trial is actually required." Wynne v. Tufts Univ. Sch. of Medicine, 976 F.2d 791, 794 (1st Cir.1992). It is appropriate where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986).

The moving party bears the initial burden of "averring 'an absence of evidence to support the nonmoving party's case.' " Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir.1990) (quoting Celotex, 477 U.S. at 325, 106 S.Ct. at 2554). That burden having been met, the nonmoving party "may not rest upon mere allegation or denials of his[/her] pleading, but must set forth specific facts showing that there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986) (citing Fed.R.Civ.P. 56(e)). In so doing, the nonmovant "must present affirmative evidence in order to defeat a properly supported motion for summary judgment." Id. at 257, 106 S.Ct. at 2515 (emphasis supplied). In conducting our analysis, however, we read the record "in the light most amiable to the nonmovant[ ] and indulge all reasonable inferences favorable to [him/her]." Garside, 895 F.2d at 48.

Our review of a summary judgment ruling is plenary. Id. Moreover, we are not limited to the district court's reasoning. Instead, we may " 'affirm the entry of summary judgment on any independently sufficient ground made manifest by the record.' " Quintero v. Aponte-Roque, 974 F.2d 226, 228 (1st Cir.1992) (quoting United States v. One Parcel of Real Property, 960 F.2d 200, 204 (1st Cir.1992)).

B. The ADEA

When, as here, a plaintiff produces no direct evidence of age discrimination, the case is analyzed under the now-familiar burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05, 93 S.Ct. 1817, 1824-26, 36 L.Ed.2d 668 (1973). See, e.g., Biggins v. Hazen Paper Co., 953 F.2d 1405, 1409 (1st Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 3035, 120 L.Ed.2d 904 (1992); Mesnick v. General Elec. Co., 950 F.2d 816, 823 (1st Cir.1991), cert. denied Once the prima facie case is established, the burden shifts to the employer to articulate a legitimate nondiscriminatory reason for the employee's termination. Biggins, 953 F.2d at 1409; Mesnick, 950 F.2d at 823. The employer's burden at this stage is merely one of production; the burden of persuasion remains plaintiff's at all times. Mesnick, 950 F.2d at 823 (citing Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 253, 256, 101 S.Ct. 1089, 1095, 67 L.Ed.2d 207 (1981)). If a nondiscriminatory reason is set forth, the inference raised by the prima facie case disappears and the burden shifts back to plaintiff. Id.

                Y--- U.S. ----, 112 S.Ct. 2965, 119 L.Ed.2d 586 (1992).   Plaintiff first must make a prima facie showing of discrimination.  Biggins, 953 F.2d at 1409;  Mesnick, 950 F.2d at 823.   In a case where plaintiff was replaced by another worker, this requires a demonstration that (1) plaintiff was at least forty years of age, (2) plaintiff's work was sufficient to meet his/her employer's legitimate expectations, and (3) plaintiff was replaced by someone with roughly similar qualifications.  Connell v. Bank of Boston, 924 F.2d 1169, 1172 (1st Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 2828, 115 L.Ed.2d 997 (1991);  Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).   In a situation where there has been a reduction in force, we have suggested that, as an alternative to showing replacement by a similarly qualified person, a plaintiff may establish a prima facie case by showing that " 'the employer did not treat age neutrally or that younger persons were retained in the same position.' "  Connell, 924 F.2d at 1173 n. 5 (quoting Hebert v. Mohawk Rubber Co., 872 F.2d 1104, 1111 (1st Cir.1989)).   If made, the prima facie case gives rise to an inference that the employer discriminated on the basis of plaintiff's age.  Mesnick, 950 F.2d at 823
                

At the third and final stage of the McDonnell Douglas framework, plaintiff must show that the nondiscriminatory reason advanced by the employer is a pretext for age discrimination. Id.; see also Connell, 924 F.2d at 1172. It is not enough for plaintiff merely to cast doubt upon the employer's justification. Mesnick, 950 F.2d at 824; Villanueva v. Wellesley College, 930 F.2d 124, 127-28 (1st Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 181, 116 L.Ed.2d 143 (1991). Rather, this circuit has construed Fed.R.Civ.P. 56's requirement that a party opposing a motion for summary judgment demonstrate the existence of at least one material factual dispute as mandating that the non-moving party point to evidence which could raise an inference of a discriminatory motive underlying the pretextual explanation. See Villanueva, 930 F.2d at 128; see also Mesnick, 950 F.2d at 824-25. Proof of such a motive need not be direct. Mesnick, 950 F.2d at 824; Connell, 924 F.2d at 1172 n. 3. ¹ "Rather, the evidence as a whole,

                whether direct or indirect, must be sufficient for a reasonable factfinder to infer that the employer's decision was motivated by age animus."   Connell, 924 F.2d 1172 n. 3.   It is against this backdrop that we evaluate Lawrence's assertions.
                

III. BACKGROUND

A. A Brief History

In October 1985, Lawrence joined Northrop's Defense Systems Division in Rolling Meadows, Illinois. At the time of his hiring, Lawrence was fifty-two years old. He was hired on a "skills-needed" basis.

By mid-1988, Northrop was experiencing severe economic stress and was in the process of significantly reducing its workforce. ² During this period, Lawrence was employed as an associate program manager and was working on a defense project for the Canadian government. Lawrence contends that he was working forty-seven hour weeks throughout 1988. Northrop concedes that Lawrence's employment performance, at all relevant times, met expectations.

On September 2, 1988, Lawrence received an unsigned notice advising him that he was being placed on layoff, effective immediately. The notice indicated that the layoff was precipitated by business conditions necessitating a reduction in work force. That same day, an internal Northrop memorandum entitled "Justification for Organization Lay-Off Selection" was sent to file. ³ The memorandum stated: "Mr. Lawrence's selection for lay-off from Organization 4000 is based upon the fact that his relative ranking in performance amongst his peers was the lowest in Organization 4000." Lawrence was fifty-five years old at the time of his termination.

On January 26, 1989, Lawrence filed with the Equal Employment Opportunity Commission ("EEOC") an affidavit charging that his termination was the result of age discrimination. The EEOC conducted an investigation and, on November 28, 1989, issued its determination that no violation of the ADEA had occurred. This determination was upheld on review, and Lawrence's charge was dismissed. On August 22, 1990, Lawrence instituted the instant proceedings by filing his complaint in district court.

B. Lawrence's Allegations

Lawrence's complaint is premised upon the theory that his termination was a manifestation of a scheme on the part of Northrop to replace its older workers with younger workers. In relevant part, the complaint asserts:

5. On information and belief, sometime in 1988, prior to September, Northrop determined to reduce its work force and devised a lay-off program which was not age-neutral but was intended to rid Northrop of its older workers. On information and belief, an element of the lay-off program was the discharge of both young and old workers and the subsequent rehiring of the best of the young workers.

6. In August, 1988, there...