Lyght v. Ford Motor Co., 79-1234

• Decision Date: 09 March 1981
• Docket Number: No. 79-1234,79-1234
• Citation: 643 F.2d 435
• Court: U.S. Court of Appeals — Sixth Circuit
• Parties: 25 Fair Empl.Prac.Cas. 246, 25 Empl. Prac. Dec. P 31,617 Willis Anderson LYGHT, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Appellee.

Page 435

643 F.2d 435

25 Fair Empl.Prac.Cas. 246,

25 Empl. Prac. Dec. P 31,617

Willis Anderson LYGHT, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Appellee.

No. 79-1234.

United States Court of Appeals Sixth Circuit.

Argued Dec. 8, 1980.

Decided March 9, 1981.

Marvin D. Sharon, Detroit, Mich., for plaintiff-appellant.

Richard J. Molloy, Kermit G. Bailer and Jess Womack, Dearborn, Mich., for defendant-appellee.

Before LIVELY and BOYCE F. MARTIN, Jr., Circuit Judges, and MARKEY, ^* Judge.

LIVELY, Circuit Judge.

This is an appeal from dismissal of an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The district court held that the action was barred by reason of an earlier settlement effected by the Michigan Civil Rights Commission (MCRC). Lyght v. Ford Motor Co., 458 F.Supp. 137 (E.D.Mich.1978).

Willis Lyght has worked continuously for Ford since 1964. On January 19, 1973 he filed a complaint with the MCRC in which he charged that he had been denied a promotion on the basis of race. The facts of the alleged violation were stated as follows in his complaint:

I have been employed by Ford Motor Car Company Valve Plant since February 10, 1964. I am currently working as an inspector. I was promised a foreman's job three years ago, and I have been constantly denied it. When an opening comes up, they refuse to give it to me. In fact, just last week they brought a white foreman from the Dearborn Engine Plant to fill a vacancy. Out of more than 200 employees at the Valve Plant, there are only four blacks, including myself, and there are none in supervision.

I am a black man and I believe that I have been denied a promotion solely on the basis of race.

The "complaint information" sheet which Lyght completed at the time of filing his first complaint with the MCRC asked, "What do you think a reasonable adjustment should include?" His answer was, "If proven that other men who made foreman at about the same time I submitted my application do not have a High School education, I feel I should get payed what I would have made if they hadn't kept me out for not having a High School Education."

On January 23, 1973 Lyght sent a copy of the complaint to the Detroit district director of the Equal Employment Opportunity Commission (EEOC). In his transmittal letter to the EEOC Lyght wrote, "I do not request that you take any action until the deferral period provided in Title VII for the Michigan Civil Rights Commission to act has expired." In acknowledging receipt of the copy of his complaint, the district director of EEOC wrote to Lyght:

We will automatically assert jurisdiction over your charge on the 61st day after receipt by the state agency. If the state should earlier terminate its proceedings, or if the time limit set forth in the statute for the Commission to assert jurisdiction is about to expire, we will at that time assert jurisdiction.

Following an investigation the MCRC representative to whom the Lyght case was assigned recommended that the case be closed "as adjusted." The reason for the recommendation was stated in identical language both in an internal document containing the recommendation and in the "Notice of Disposition" ultimately issued by the MCRC on May 15, 1973:

Subsequent to the completion of the investigation the respondent promoted the claimant to a foreman position at the Dearborn Engine Plant. The respondent states that when an opening occurs at the Northville Plant the claimant will be considered for transfer to that position. The respondent also agrees to increase the number of minority employees working at its Northville installation.

The internal document, which neither Lyght nor Ford saw, contained the statement, "The claimant is satisfied with the respondent actions." The Notice of Disposition, which went to the parties, contained copies of rules of the MCRC relating to requests for reconsideration of the terms of conciliation and right of appeal to the circuit court.

In October 1973, after he had been promoted to the position of foreman and assigned to Ford's Dearborn engine plant, Lyght filed a second complaint with the MCRC charging breach of one part of the "adjustment" in Ford's failure to transfer him to the Northville plant though a white employee with less seniority had received such a transfer. This complaint was withdrawn when Lyght learned that the white employee actually had greater seniority. The second MCRC complaint did not charge any other violation of the terms of the adjustment or of Title VII. Lyght was not represented by an attorney in any of his dealings with the MCRC.

On March 27, 1974 the National Programs Division of the EEOC wrote Lyght that it was now ready to investigate his charge against Ford. He was asked to furnish further information by filing in an enclosed form. One question was whether he wanted EEOC to investigate his charge, and he was instructed to check the "no" box, "(i)f you have received a satisfactory settlement of your charge ...." Lyght filled in the form, requesting an EEOC investigation, and returned it to the national office. On April 17, 1976 Lyght wrote the chairman of EEOC asking the status of his case and when he might expect it to be resolved. In the letter Lyght stated that he had contacted the National Programs Division by telephone "over the past two years" and that no one seemed able to advise him.

On September 24, 1976 the EEOC made a determination of no reasonable cause to believe that Title VII had been violated in the manner alleged in Lyght's complaint. A notice of right to sue was sent to Lyght the same day, and this action was filed in the district court on December 7, 1976. In his district court complaint Lyght alleged that he first inquired about promotion to foreman in 1966 and was advised by Ford that a high school diploma was required. He charged that he first applied formally for promotion in March 1969 and that his application was rejected on this ground. He further charged that after he obtained a high school equivalency certificate, "G.E.D." in May 1970, he again applied and was turned down. A further application and denial in May 1971 were alleged. The complaint then set forth the fact that Lyght had filed a charge with the EEOC and "(t)hat the investigation on such charge was conducted by the Michigan Civil Rights Commission and resulted in Plaintiff's promotion to supervisor foreman." Ford's failure to promote Lyght between 1966, when he first inquired, and April 23, 1973, when he was promoted, was claimed to have been discriminately based on his race or color, in violation of Title VII and of 42 U.S.C. §§ 1981 and 1983. The prayer for relief was for an injunction restraining Ford from committing acts of discrimination and "from failing to pay to Plaintiff, the wages he would have earned but for the unlawful discriminatory acts of the Defendant(.)"

In its answer Ford denied that it had discriminated against Lyght. It stated that the requirement of a high school diploma or its equivalent for the position had been uniformly applied (this requirement was abolished at about the time Lyght qualified) and that no foremen had been appointed at Northville between August 1970, when Lyght received his G.E.D., and the time of his promotion. Ford also pled various affirmative defenses, including laches, limitations and business necessity. It did not plead settlement or waiver as an affirmative defense. Following a period of discovery Ford made a motion for summary judgment, supported by affidavits and a memorandum. There was no claim in any of these papers that Lyght was barred from proceeding in this action by reason of a settlement or waiver. A final joint pretrial statement listed the issues in the case. Again there was no mention of settlement or waiver. In a number of submissions to the district court Ford took the position that Lyght's promotion was in no way related to his charge of discrimination. E. g., Defendant's Answers to Plaintiff's First Request for Admissions, Record, Doc. # 22; Memorandum in Opposition to Motion for Order Compelling Discovery, Record, Doc. # 35.

At a hearing on Ford's motion for summary judgment held on September 6, 1978 the district judge, sua sponte, raised the issue of the settlement of Lyght's complaint by the MCRC. This occurred when the judge saw the entire MCRC file for the first time. It was agreed that the parties would brief the issue raised by the court, and the hearing was adjourned after taking the testimony of a witness for the plaintiff who had come from a distance. The parties did brief the question of the effect of the MCRC disposition. On separate days thereafter the testimony of Lyght and the MCRC representative who had handled his complaint was heard by the court. Ford produced no witnesses and at the conclusion of the testimony of the MCRC representative, Lyght's counsel stated that he had no further witnesses or submissions. The court took the matter under advisement and subsequently issued its opinion.

The parties are in disagreement as to the nature of the disposition made by the district court. Ford contends the court granted its motion for summary judgment while Lyght maintains the court granted a directed verdict. It is clear to us that the court did not grant summary judgment. It took extensive proof and made specific findings of fact. This is inconsistent with a grant of summary judgment. Though the district court did state in the first draft of its opinion, "a verdict should be directed in Ford's favor ...," this was changed in the published opinion to read, "judgment should be entered in defendant Ford's favor ...." 458 F.Supp. at 143. This court concludes that the district court's disposition was an involuntary dismissal pursuant to Rule 41(b), F.R.Civ.P. This conclusion is consistent with a statement of counsel at the hearing on Ford's motion for summary judgment that they had agreed the motion would be...