Anderson v. Lyres Pasco Packing Co.

503 So. 2d 1269, 12 Fla. L. Weekly 363, 1986 Fla. App. LEXIS 11546
CourtDistrict Court of Appeal of Florida
DecidedDecember 24, 1986
DocketNo. 85-1843
StatusPublished
Cited by3 cases

This text of 503 So. 2d 1269 (Anderson v. Lyres Pasco Packing Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Lyres Pasco Packing Co., 503 So. 2d 1269, 12 Fla. L. Weekly 363, 1986 Fla. App. LEXIS 11546 (Fla. Ct. App. 1986).

Opinion

PER CURIAM.

Plaintiffs appeal a final judgment rendered July 19, 1985, granting defendant’s motion for directed verdict.

This appeal involves three plaintiffs, Malcolm Anderson, Sr., Myrl F. Nelson, and Warren Warder, and their employer/defendant Lykes Pasco Packing Company. They sought damages, including lost wages and other benefits, against Lykes for violation of their rights under the Age Discrimination in Employment Act, 29 U.S.C. § 621 (1982) (ADEA). Each plaintiff attempted to prove that age was a determining factor in their termination. Lykes argued that the plaintiffs were terminated, not because of age, but because of disastrous economic conditions in the citrus industry. Plaintiffs charged that this reason was merely a subterfuge and a pretext to cloak the real reason for termination.

The stated purpose of the ADEA is the elimination of discrimination from the workplace. Lorillard v. Pons, 434 U.S. 575, 98 S.Ct. 866, 55 L.Ed.2d 40 (1978). The ADEA is intended to promote employment of older persons based on their ability rather than age and is intended to prohibit arbitrary age discrimination in employment. ADEA provides statutory protection to individuals aged forty through seventy. It is a remedial statute which prohibits a particularly subtle form of discrimination. In considering ADEA cases, courts must be receptive to its purpose and accord it the intended scope. Hall v. United States, 436 F.Supp. 505 (D.C.Minn.1977).

In an age discrimination case, the plaintiff must make a prima facie showing according to the standard that was formulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and adapted for age discrimination cases in McCorstin v. United States Steel Corp., 621 F.2d 749 (5th Cir.1980); Thornbrough v. Columbus & Greenville Ry. Co., 760 F.2d 633 (5th Cir.1985); and Williams v. General Motors, 656 F.2d 120 (5th Cir.1981). To make a prima facie case the plaintiff must show (1) that he was between the age of forty and seventy at the time of his discharge; (2) that he was qualified to assume another position; and (3) that there is evidence, circumstantial or direct, from which a fact finder might reasonably conclude that the employer intended to discriminate in reaching the decision at issue. Under the Williams case the requirements simply insist that a plaintiff produce some evidence that the employer has not treated age neutrally but has instead discriminated based upon it. Specifically, the evidence must lead the fact finder reasonably to conclude either that the employer consciously refused to consider retaining or relocating a plaintiff because of his age, or that the employer regarded age as a negative factor in such consideration.

[1271]*1271Once a prima facie case is made, the burden shifts to the employer to demonstrate legitimate, nondiscriminating reasons for the discharge. If this is done, the presumption dissipates and in order to succeed the plaintiff must either prove that a discriminating reason more likely motivated the employer or that the employer’s proffered explanation is pretextual. Thombrough.

Anderson was born on September 28, 1922, and began his employment at Lykes in 1952 when he was thirty years old. He began as a laborer, and in 1961, he was asked to set up a new production planning department. He was promoted to supervisor at that time. In 1973 Anderson hired Charles Littlefield, who was in his mid-twenties. Anderson promoted Littlefield to supervisor of production. Anderson continued to assume additional duties both in production planning and within the sales department. He was considered a very good employee.

In 1979 William Richards, a man in his early twenties, was placed in a position above Anderson. When Anderson inquired of company vice president Spencer why he was not promoted into this position, he was told that he was “too darned old.” Thereafter, Richards began pulling away duties from Anderson. In March of 1982, Lykes moved Anderson from his job responsibilities of twenty-five years and instructed him to head up a project to dispose of obsolete products. Anderson was never formally removed from the production planning department, the department where he had been for so many years. On July 9, 1982, four months later, Anderson was fired. Anderson was the oldest person in the production planning department and he was the only person in that department to be terminated. His duties and job functions were assumed primarily by Littlefield who at that time was in his early thirties. After Anderson’s termination, another supervisory individual in his late twenties was added to the production planning department.

The foregoing evidence was clearly sufficient to make a prima facie case thereby shifting the burden of proof to Lykes. Ordinarily, the employer in an ADEA case seeks to meet its burden as part of the defendant’s case. Here, however, the plaintiffs called as part of their case the following officers and employees of Lykes: Fred B. Vanderbilt, Vice President of Employee Relations; Bobby L. Studdard, Manager of Employer Relations, who reports directly to Vanderbilt; and William Richards, Head of Production Planning Department who was Anderson’s supervisor from 1979 to early 1982. Vanderbilt and Stud-dard testified that the three plaintiffs were terminated in the process of a work force reduction due to freezes which had occurred in 1981 and on January 12, 1982. In all 125 persons were terminated, twenty-five of whom were supervisors. Lykes’ officials denied that age played any part in determining who was laid off. As to Anderson, Vanderbilt testified that he was discharged because Lykes concluded to eliminate the disposition of obsolete inventory as part of its reorganization and reduction process necessitated by the freezes. Thus, the Lykes officials were able to present legitimate, nondiscriminatory reasons for the discharges by virtue of having been called as witnesses by the plaintiffs. Therefore, at the time Lykes moved for a directed verdict at the conclusion of the plaintiffs’ case, it was incumbent upon the court to analyze the evidence to see if the plaintiffs made a jury issue without the benefit of the presumption.

In Boeing Co. v. Shipman, 411 F.2d 365, 374 (5th Cir.1969), the court explained the criterion for granting a directed verdict.

On motions for directed verdict and for judgment notwithstanding the verdict the Court should consider all of the evidence — not just that evidence which supports the non-mover’s case — but in the light and with all reasonable inferences most favorable to the party opposed to the motion. If the facts and inferences point so strongly and overwhelmingly in favor of one party that the Court believes that reasonable men could not arrive at a contrary verdict, granting of the motions is proper. On the other hand, if there is substantial evidence opposed to [1272]

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Bluebook (online)
503 So. 2d 1269, 12 Fla. L. Weekly 363, 1986 Fla. App. LEXIS 11546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-lyres-pasco-packing-co-fladistctapp-1986.