Naraine v. Western Elec. Co., Inc., 74-1498
| Decision Date | 18 December 1974 |
| Docket Number | No. 74-1498,74-1498 |
| Citation | 507 F.2d 590 |
| Parties | 10 Fair Empl.Prac.Cas. 301, 8 Empl. Prac. Dec. P 9836 Marnick C. NARAINE, Appellant, v. WESTERN ELECTRIC COMPANY, INC., Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Benjamin M. Wall, Omaha, Neb., for appellant.
Hird Stryker, Omaha, Neb., for appellee.
Before CLARK, Associate Justice, * STEPHENSON, Circuit Judge, and MEREDITH, District Judge. **
This is an appeal from a bench decision dismissing appellant's claims of racial discrimination in his promotion, granting of home sick leave, and discharge under 42 U.S.C. 1981 and 2000e-5. From the record, the background of the dispute between appellant and his employer follows.
Training.
Naraine, a dark-skinned East Indian Hindu, was born in Guyana, South America, emigrated to the United States, and in June, 1959 was granted a B.S. degree in Natural Sciences from Midland College, where his grades were slightly below a straight 'B' average. He also studied for one year in graduate courses at the University of Nebraska.
Naraine's Work Record.
His work record included six months at Aaron Ferer and Sons as a part-time 1 laboratory assistant, conducting routine lead analysis; full-time attendant at the Douglas County Hospital for some five months; six weeks at Warren Douglas Chemical Company as supervisory trainee; 2 and, finally, some seven years with Western Electric beginning in August, 1961, as a floor cleaner in its Omaha works. Fearing that Western Electric would not hire him in this position if he revealed his college degree, he represented to the Company that he had 2 1/2 years of college training. This prompted an inquiry by the Company as to whether he understood that the job of cleaner primarily involved the cleaning of floors. He indicated that he understood what the task involved but said he was in need of work so badly that he was ready to accept any position and it was the only job available. He remained in the cleaner position until December 17, 1962, when he became a forklift operator with Western Electric for six months. He was unhappy in both positions; his attendance record was poor in the cleaner position as was his attitude and initiative. In the spring of 1962, Naraine advised Western Electric of his true educational background, and his name was submitted in September for a position as a Chemical Laboratory Assistant, Grade 206, but his prior poor attendance record prevented his selection. He improved his attendance record and in May, 1963, another opening occurred in the Western Electric Laboratory, and Naraine was selected to fill the position after the Company had sent two of its Supervisors to interview the Dean of Midland College and its Vice President. He began work in the Laboratory at a 206 grade, was promoted to Grade 208 in less than nine months and to the salaried position of Engineering Associate (Grade 210) on July 1, 1965. He remained in this nonprofessional engineering level position until discharged on June 21, 1968.
There were some 75 to 100 Engineering Associates at the Omaha Works of Western Electric during the period Naraine was in that category. The Western Electric Guide for Promoting Engineering Associates to the Professional Engineering Level sets out two requirements: (1) outstanding performance as an Engineering Associate; and (2) demonstrated ability to perform a wide range of professional engineering assignments.
The Discharge.
The discharge came about soon after Naraine had an automobile accident (May 30, 1968) and a subsequent flareup of an ulcer which had been bothering him since 1965. On June 17, 1968, he went to see the company physician to relate to him the recommendation of his private physician that Naraine take two weeks off to return to his former home in Guyana. But the Company physician could not agree. He advised against the trip, believing that Naraine should stay where his doctor was located so the latter could keep him under observation and treatment. Moreover, he advised that he did not think going to Guyana would relieve Naraine's stress.
During the meeting, the Company physician called in Mr. Mulligan, Manager of Western Electric's Benefit Service program, and told him, in Naraine's presence, that the latter had 'reached a point of recovery where his return to work was almost eminent.' The Company medical records on Naraine recites that Naraine's doctor understood and felt that Naraine was 'fit for work today.' Mr. Mulligan then refused Naraine's request. In view, however, of Naraine's insistence that he was not feeling well and wished to stay home for the rest of the week, the Company doctor classified him as 'not fit' and scheduled a re-examination four days later.
After this interview, Naraine went to see his supervisor, R. B. Burton, and asked if he could be granted leave without pay. Burton stated that he could not act while Naraine was on sick leave, but only when he was found fit to work and released by the Company doctor. Further, Burton stated that the Company had a heavy backlog at the moment and needed him badly. Without further discussion, Naraine left the plant and took a two-week trip to Guyana, later testifying that he thought he was getting 'the run around.'
On his return, July 8, Naraine reported to the Company doctor, complaining of headaches and other ulcer symptoms and stated he did not feel able to go to work. However, the Company doctor classified him as 'fit' and Naraine reported to Burton, his supervisor, who told him that he was under suspension. Subsequently, he was discharged by the Manager of the Engineering Division at Omaha for taking the unauthorized absence, an act which was thought to reflect appellant's irresponsibility and, in light of his generally low job performance record, his unfitness for professional duties. 3
Naraine's Claims.
Three issues are raised by Naraine. He contends, first, that Western Electric did not articulate a legitimate non-discriminatory reason for failing to promote him by citing (a) his absentee record while employed as a cleaner of floors and toilet bowls; (b) his poor performance evaluations that carried over the results of both Naraine's initial employment as a cleaner and Western Electric's previous discrimination against him; and (c) its alleged inability to physically examine and care for him during his two-week sick...
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