Yarbrough v. Tower Oldsmobile, Inc.

• Decision Date: 23 April 1986
• Docket Number: No. 85-1278,85-1278
• Citation: 789 F.2d 508
• Parties: 40 Fair Empl.Prac.Cas. 1035, 40 Empl. Prac. Dec. P 36,216 Donald YARBROUGH, Plaintiff-Appellee, v. TOWER OLDSMOBILE, INC., and Neil Burgess, Defendants-Appellants.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 508

789 F.2d 508

40 Fair Empl.Prac.Cas. 1035,

40 Empl. Prac. Dec. P 36,216

Donald YARBROUGH, Plaintiff-Appellee, v. TOWER OLDSMOBILE, INC., and Neil Burgess, Defendants-Appellants.

No. 85-1278.

United States Court of Appeals, Seventh Circuit.

Argued Dec. 3, 1985.

Decided April 23, 1986.

Lawrence M. Cohen, Fox & Grove, Chtd., Chicago, Ill., for defendants-appellants.

Gregory A. Stayart, Romanyak & Miller, Chicago, Ill., for plaintiff-appellee.

Before EASTERBROOK, Circuit Judge, ESCHBACH, Senior Circuit Judge, and GRANT, Senior District Judge. ^*

ESCHBACH, Senior Circuit Judge.

The plaintiff brought suit under 42 U.S.C. Sec. 1981, alleging that he was discharged from his employment on the basis of his race. The jury returned a verdict in his favor and awarded compensatory and punitive damages. The defendants moved for judgment notwithstanding the verdict, which the district court denied. The primary questions presented upon appeal are whether (1) the plaintiff established a prima facie case of discrimination, (2) the defendants offered a credible nondiscriminatory explanation for the discharge, and (3) the evidence supports the award of punitive damages. For the reasons stated below, we will affirm.

I

The plaintiff, Donald Yarbrough, is a black male and was employed as a journeyman mechanic by the defendant, Tower Oldsmobile ("Tower"), from June 23, 1978, until December 2, 1981. ¹ In his complaint, Yarbrough alleged that he was initially assigned to a work area near the front of the service department at Tower, and that he had experienced no difficulties with the then service manager. In September of 1978, defendant Burgess assumed the position of service manager. In July of 1980, Burgess hired two white male mechanics, who had been former colleagues of his at another automotive service department.

In his complaint, Yarbrough alleged that Burgess assigned him more difficult and less lucrative work than the other mechanics. He alleged further that Burgess was unresponsive to his complaints about these work assignments. Yarbrough also alleged that, immediately after he hired the two white mechanics, Burgess moved Yarbrough to a inferior stall area in the rear of the service department. Yarbrough claimed that, immediately prior to this reassignment, he had overheard Burgess say to another employee at Tower: "We don't want no black guy in the front of the shop."

The friction between Burgess and Yarbrough mounted. In October 1980, for example, Burgess issued Yarbrough a written reprimand, accusing him of refusing to work on a particular car. Yarbrough contended, and at trial introduced evidence to the effect that, he had not refused to work on it, and that the automobile was assigned to another mechanic. Burgess also accused Yarbrough of drilling a hole in a work bench in order to secure a chair to it. Yarbrough maintained that another mechanic had drilled the hole well before Yarbrough was moved to the work area. In February 1981, Burgess again reprimanded Yarbrough, this time for failing to come to work on schedule. Yarbrough claimed that he had told Burgess a week earlier that he had a court appearance that day, and would be late.

Ultimately, on December 2, 1981, an incident occurred that led to Yarbrough's termination. Not surprisingly, the factual circumstances surrounding this incident are disputed. Both parties agree that Burgess requested Yarbrough to replace a part on an automobile. The automobile had been disassembled and was located in the body shop some distance from Yarbrough's work area. Yarbrough testified that, because the automobile had been in a collision, he advised Burgess to raise it on a hydraulic lift in order to determine whether more extensive damage might exist. Yarbrough claims that he was willing, nonetheless, to commence the repair work, whether or not the automobile was first placed on a lift. As Burgess tells the story, Yarbrough refused to perform the repair, unless and until the automobile was moved to the lift. Burgess then discharged Yarbrough on the ground that he had refused a work assignment. Yarbrough's refusal, Burgess claims, constituted insubordination in violation of the collective bargaining agreement between Tower and Yarbrough's union.

On December 14, 1982, Yarbrough brought suit against Tower and Burgess pursuant to 42 U.S.C. Sec. 1981. ² The jury returned a verdict against both defendants on liability and, following a hearing on damages, awarded Yarbrough $29,500.00 in compensatory and $7,500 in punitive damages, with $5,000 of the $7,500 assessed against Tower and $2,500 against Burgess. Tower and Burgess moved for judgment notwithstanding the verdict or, in the alternative, for a new trial. The district court denied both motions. This appeal followed. ³

II

On appeal, the defendants argue that (1) Yarbrough did not establish a prima facie case of discrimination, (2) Yarbrough failed to adduce sufficient evidence that the legitimate, nondiscriminatory explanation they offered for his discharge was either a pretext or not credible in light of the testimony presented, and (3) the awards of punitive damages were unsupported by the evidence.

To prevail on his Sec. 1981 claim, Yarbrough must demonstrate that he has been the victim of intentional discrimination. See, e.g., Cooper v. Federal Reserve Bank of Richmond, 467 U.S. 867, 875, 104 S.Ct. 2794, 2799, 81 L.Ed.2d 718 (1984); Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 1095, 67 L.Ed.2d 207 (1981); Christensen v. Equitable Life Assurance Society, 767 F.2d 340, 343 (7th Cir.1985), cert. denied, --- U.S. ---, 106 S.Ct. 885, 88 L.Ed.2d 920 (1986). The same standards governing liability under Title VII apply to Sec. 1981 claims. See, e.g., Ramsey v. American Filter Co., 772 F.2d 1303, 1307 (7th Cir.1985); Mason v. Continental Illinois National Bank, 704 F.2d 361, 364 (7th Cir.1983); Flowers v. Crouch-Walker Corp., 552 F.2d 1277, 1281 n. 3 (7th Cir.1977). A plaintiff may establish a prima facie case of intentional discrimination by offering evidence adequate to raise an inference that he was discharged on the basis of his race. Cooper, 467 U.S. at 875, 104 S.Ct. at 2799; Burdine, 450 U.S. at 253, 101 S.Ct. at 1094; Furnco Construction Corp. v. Waters, 438 U.S. 567, 577, 98 S.Ct. 2943, 2949-50, 57 L.Ed.2d 957 (1978); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); see Ustrak v. Fairman, 781 F.2d 573, 576 (7th Cir.1986); Mason, 704 F.2d at 365. A plaintiff may accomplish this by showing that (1) he belongs to a racial minority, (2) he was doing his job well enough to meet his employer's legitimate expectations, ⁴ (3) in spite of his performance he was discharged, and (4) the employer sought a replacement for him. La Montagne v. American Convenience Products, Inc., 750 F.2d 1405, 1409 (7th Cir.1984); see Cooper, 467 U.S. at 875, 104 S.Ct. at 2799.

Once these facts are established, the defendant must then produce evidence that the plaintiff was discharged for "a legitimate, non-discriminatory reason." Burdine, 450 U.S. at 254, 101 S.Ct. at 1094; see also Cooper, 467 U.S. at 875, 104 S.Ct. at 2799. Once the employer does so, the presumption of discrimination "drops from the case," and the plaintiff bears the burden of persuading the trier of fact that the explanation offered by the defendant is pretextual. Burdine, 450 U.S. at 255 n. 10, 101 S.Ct. at 1095 n. 10; see also Cooper, 467 U.S. at 875, 104 S.Ct. at 2799; Tulloss v. Near North Montessori School, 776 F.2d 150, 155 (7th Cir.1985). This he may do by showing either that a discriminatory reason more likely motivated the employer, or that the employer's explanation is not worthy of belief. See Cooper, 467 U.S. at 875, 104 S.Ct. at 2799; United States Postal Service Board of Governors v. Aiken, 460 U.S. 711, 716, 103 S.Ct. 1478, 1482, 75 L.Ed.2d 403 (1983); Burdine, 450 U.S. at 253-56, 101 S.Ct. at 1093-95; La Montagne, 750 F.2d at 1409. That is, "in the final analysis the trier of fact 'must decide which party's explanation of the employer's motivation it believes.' " 750 F.2d at 1409 (quoting Aikens, 460 U.S. at 716, 103 S.Ct. at 1482).

A. PRIMA FACIE CASE

Tower argues that Yarbrough did not establish a prima facie case of discriminatory discharge because (1) he failed to show that similarly situated white employees were more favorably treated than himself, and (2) his refusal to work on a particular automobile as directed proved that he did not meet Tower's legitimate work expectations. ⁵ We disagree with Tower's analysis and conclusions.

Tower's first argument, that Yarbrough failed to present evidence that similarly situated white employees were more favorably treated than himself, either mischaracterizes Yarbrough's claim or overlooks the assignment of burdens of proof in a discriminatory discharge suit. In either event, it is not well taken. Yarbrough has alleged "one instance of discrimination," Cooper, 467 U.S. at 875, 104 S.Ct. at 2799, viz., his discharge from employment. His claim is not, then, predicated on a practice or pattern of discrimination, see e.g., Franks v. Bowman Transportation Co., 424 U.S. 747, 96 S.Ct. 1251, 47 L.Ed.2d 444 (1976); Ramsey, 772 F.2d 1307-09, where "[p]roving isolated or sporadic discriminatory acts by the employer is insufficient to establish a prima facie case." Cooper, 467 U.S. at 875, 104 S.Ct. at 2799; see also Teamsters v. United States, 431 U.S. 324, 336-38, 97 S.Ct. 1843, 1855, 52 L.Ed.2d 396 (1977). It is, therefore, not necessary that Yarbrough present evidence that similarly situated white employees were treated more favorably than himself. Insofar as it is arguing that Yarbrough must demonstrate that white employees who refused a work assignment were not discharged for their conduct, Tower is not challenging the sufficiency of Yarbrough's prima facie case, but is, rather, indirectly offering an explanation for terminating...