Leopold v. Baccarat, Inc.
| Decision Date | 20 April 1999 |
| Docket Number | Docket No. 98-7474 |
| Citation | 174 F.3d 261 |
| Parties | 79 Fair Empl.Prac.Cas. (BNA) 1395, 75 Empl. Prac. Dec. P 45,856 Andree J. LEOPOLD, Plaintiff-Appellant, v. BACCARAT, INC., Defendant-Appellee. |
| Court | U.S. Court of Appeals — Second Circuit |
Ludwig A. Saskor, Holland & Knight LLP, New York, N.Y. (Barbara S. Friedman, of counsel), for Plaintiff-Appellant.
Jeffrey H. Daichman, Kane Kessler, P.C., New York, N.Y. (Judith A. Stoll, of counsel), for Defendant-Appellee.
Before: VAN GRAAFEILAND, CABRANES and NOONAN, * Circuit Judges.
Plaintiff Andree J. Leopold appeals from a judgment of the United States District Court for the Southern District of New York (John S. Martin, Jr., Judge ), following a jury trial on her claims that her employer, defendant Baccarat, Inc. ("Baccarat") fired her on account of her age, in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq., and the New York Human Rights Law ("NYHRL"), N.Y. Exec. Law § 290 et seq., and that she had been subjected to a hostile work environment (on account of sex) during the term of her employment, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., and the NYHRL. 1 After the close of Leopold's evidence, the district court granted Baccarat's motion for judgment as a matter of law as to the hostile work environment claim. The court allowed the jury to consider the age discrimination claim following Baccarat's case, and the jury returned a verdict for Baccarat.
On appeal, Leopold argues that the evidence presented at trial was sufficient to allow a reasonable jury to return a verdict in her favor on her hostile work environment claim and that the district court therefore erred in granting Baccarat's motion for judgment as a matter of law. We agree. Leopold also argues that the court erred in admitting prejudicial testimony that she had made bigoted comments to and about various co-workers, that the court erred in excluding evidence of the discharge of other employees in their 50s and 60s, and that she is therefore entitled to a new trial as to her age discrimination claim. We disagree.
Accordingly, we (1) affirm the district court's judgment to the extent that it incorporates the jury verdict on the age discrimination claim, (2) vacate the judgment to the extent that it incorporates the grant of judgment as a matter of law on the hostile work environment claim, and (3) remand for a new trial on the hostile work environment claim.
From August 1971 until her discharge on July 29, 1994, Leopold worked for Baccarat, a maker and retailer of fine china and crystal, at its New York store. For all but her first three years there, Leopold worked in the retail showroom as a saleswoman. Following her discharge, at the age of 62, Leopold filed the present action in the district court. Her complaint alleged that she had been fired on account of her age, in violation of the ADEA and the NYHRL, and that prior to her discharge, her workplace "was permeated with a discriminatorily hostile and abusive environment of sexual harassment," an atmosphere that was "tolerated, encouraged and fostered" by Baccarat in violation of Title VII and the NYHRL.
After the completion of discovery and prior to trial, each party filed a motion in limine seeking to exclude certain evidence expected to be offered by the other at trial. In particular, Leopold sought to exclude, inter alia, evidence that she had made certain bigoted comments: (1) a statement to a Jewish co-worker that "they should have made you a lamp shade like the rest of you people," (2) remarks that a former store manager was gay and suffered from AIDS, (3) remarks that another co-worker was suffering from a nervous breakdown, and (4) a statement that a third co-worker "is a Latin" who "has problems with women telling him what to do." Baccarat sought to exclude, inter alia, (1) evidence of the termination of another former employee, Irma Rivera, which occurred one year after Leopold was fired and under a new supervisor and a new company president, (2) testimony by two former employees, Maxine Kroyder and Beatrice Wishnick, concerning the termination of their employment in Baccarat's accounting department, and (3) evidence that Leopold's former supervisor had referred to himself as a "Nazi" and had stated that he "admires Nazis."
At a pre-trial conference, the district court heard argument and then denied Leopold's motion to exclude the evidence of her comments, denied Baccarat's motion to exclude the testimony of Kroyder and Wishnick, and granted Baccarat's motion to exclude the evidence of Rivera's termination and of the supervisor's "Nazi" comments. In addition, on the first day of trial but before jury selection, the court granted Baccarat's motion to exclude testimony by Leopold that Baccarat had terminated several employees--other than herself, Rivera, Kroyder, and Wishnick--after they had reached their early 60s.
At trial, Leopold's evidence of hostile work environment consisted entirely of her own testimony that her supervisor, Jonathan Watts, had made certain statements between June 1992, when he was hired as store manager, and July 1994, when Leopold was dismissed. Specifically, Leopold testified that Watts "threatened ... to fire us [the saleswomen]" and that he "said he wanted to change the sales staff and that he wanted young and sexy on the [sales] floor." At various times during her direct testimony and while under cross-examination, Leopold stated that Watts made such comments "continually," "practically weekly," "[s]everal times," "[r]epeatedly," and "everyday [sic] once or twice a week [sic]." In addition, Watts "used to say" that one of Leopold's co-workers had a high number of sales because " 'she flirts and attracts all the male customers,' " and he "said [to Leopold] a few times, 'For your age you're in very good shape.' " Leopold testified that at a Christmas dinner, Watts responded angrily to criticism by the saleswomen and "screamed" at them: " 'You're nothing but a bunch of pussies,' he said, 'You don't know how to sell.' " 2 Finally Watts instigated arguments among the saleswomen and, when confronted, explained that " 'I love it when women fight.' "
On the age discrimination claim, Leopold's case-in-chief--which is not directly relevant to this appeal--consisted primarily of her own testimony that Watts had made the "young and sexy" comments, that Watts had made other statements to the effect that in his prior employment he had "fired everybody over 60" because "he believes in ... hav[ing] younger people in the store," and that Baccarat's president, upon notifying Leopold of her termination, had explained that "you're 62 years old now, you have a pension." Leopold also introduced exhibits reflecting an above-average employee evaluation in early 1993, and the absence of any appreciable reduction in commissions earned by her in 1993 and 1994, as compared with earlier years. Finally, Leopold introduced--over Baccarat's objection--testimony by Kroyder and Wishnick, the two former employees who had worked in Baccarat's accounting department; each stated that her employment had been terminated at age 62.
After Leopold's case-in-chief concluded, Baccarat moved for judgment as a matter of law on both claims. The district court denied the motion as to the age discrimination claim, but granted the motion as to the hostile work environment claim, explaining simply that "the testimony here of the plaintiff is not sufficient to show that the conduct alleged by Mr. Watts was so severe or persuasive [sic] to alter the conditions of plaintiff's employment and create an abusive working environment." 3
The trial continued on the age discrimination claim, with Baccarat's evidence consisting primarily of testimony by Watts, who stated that he had recommended termination of Leopold's employment. According to Watts, "there were difficulties involving Ms. Leopold with almost every employee that worked at the store." Specifically, Watts testified that Leopold had made several bigoted remarks; as noted above, Leopold earlier had sought to exclude such evidence. In this connection, Watts stated that Leopold told him on several occasions that his predecessor as store manager was gay and suffered from AIDS, that a Jewish saleswoman had recounted to him how, before his arrival, Leopold "told her words to the effect that they should have made a lamp shade out of you like the rest of your people," and that Leopold "had very derogatory anti-Hispanic things to say about" a co-worker born in Cuba.
In addition, Watts testified that Leopold was generally critical of everyone in the store from the company president, whom she referred to on several occasions as "worthless and useless," to other saleswomen, one of whom she referred to as "dumb," to the people who did the cleaning. Finally, according to Watts, Leopold had refused to comply with his instructions, in April 1994, to contact corporate customers on a regular basis, and she had responded poorly to his criticism, in May 1994, based on multiple complaints by a customer. In conclusion, Watts testified that he recommended termination of Leopold's employment, despite her "adequate" product knowledge and sales ability, because of "her continuing conflicts with almost every employee in the store" and "the severe difficulty [he] had in managing her."
After testimony by two of Leopold's former co-workers and brief rebuttal testimony by Leopold during which she denied most of the testimony of Baccarat's witnesses, the jury heard summations and received the district court's charge on the age discrimination claim only. The jury returned a verdict for Baccarat. The district court entered a judgment accordingly, and this timely appeal followed.
Leopold first argues that the district court erred in granting ...
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