Benjamin v. E.I. Du Pont De Nemours & Co.

75 F. App'x 65
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 5, 2003
DocketNo. 02-4167
StatusPublished
Cited by3 cases

This text of 75 F. App'x 65 (Benjamin v. E.I. Du Pont De Nemours & Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benjamin v. E.I. Du Pont De Nemours & Co., 75 F. App'x 65 (3d Cir. 2003).

Opinion

OPINION

BECKER, Circuit Judge.

Ellis Benjamin appeals from the District Court’s order granting summary judgment to defendant E.I. DuPont De Nemours & Co. on this action alleging discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621, et seq. Benjamin, a DuPont employee since 1988, was released as part of a major layoff that affected approximately one-third of the personnel at his location. Because we conclude that Benjamin has made a prima facie case of age discrimina[66]*66tion and has adduced evidence from which a fact finder could reasonably disbelieve DuPont’s articulated reasons for his termination, we will reverse the District Court’s grant of summary judgment.

I

Benjamin joined DuPont in 1988 as a member of the Agricultural Products Division. During his eleven years with DuPont, Benjamin undertook extensive education and training in chemistry to supplement the 72 college credits in biology and chemistry he had received as an undergraduate (he had no college degree). At the time of his discharge, he had risen to the position of Senior Assistant Chemist.

In the summer of 1999 DuPont began a reduction in force in its Agricultural Products Division. For this purpose, DuPont set up a process where committees would meet to analyze each department. Selection criteria were developed to facilitate retention of employees with demonstrated skills, knowledge and ability to perform current and future work. Each committee had to rank employees by assigning them scores from 1-5 in a variety of categories. An employee’s overall score was reached by totaling the individual scores in each category. An initial cut-off score was set. Employees with that score or below would be terminated.

The committee that decided whether to retain Benjamin consisted of Dr. Donald Morgan, who was Benjamin’s second-line supervisor, Dr. Thomas Pappenhagen, who had had no prior contact with Benjamin, and Dr. Yih-Fen Maa, who had worked with Benjamin in a few studies in 1995, 1996 and 1997. The evaluation process, which resulted in Benjamin’s termination, took place in two stages. First, the committee evaluated the qualifications of forty-three employees and ranked them against the selection criteria. Benjamin’s total score was 22, which placed him in a four-way tie just above the cut-off score. However, after the initial cut-off, the selection committee realized that a further reduction of two more candidates was required. The committee focused on the employees in the four-way tie: Benjamin was selected as one of the two employees to be discharged.

Benjamin claims that age discrimination occurred in both stages of the selection process. First, he submits that the committee failed to follow the established procedure in conducting the selection process. The committee was instructed not to consider as qualification the educational degrees possessed by the applicant when evaluating his or her knowledge of analytical chemistry. Instead, the committee was to judge the “demonstrated knowledge” and “demonstrated skill” of each applicant. Benjamin contends that in contravention of these instructions, the committee relied only on whether the candidates had a B.S. in chemistry, instead of determining whether the candidate had the knowledge equivalent to that degree. He suggests that this misapplication implies age discrimination insofar as older workers are less likely than younger workers to have college degrees. Benjamin argues that he should have received a higher score in this category, because even though he did not have a B.S. in chemistry, he had knowledge equivalent to that degree.

Benjamin also argues that in the second stage of the selection process he was deselected because of his age, and that DuPont’s rationale for his dismissal was pretextual. Benjamin points out that when the final cut was made, of the four chemists who were tied with a score of 22, the two youngest (ages 25 and 43) were selected to remain, while the two oldest (ages 53 [67]*67and 46) were terminated. The stated reason for Benjamin’s termination was his limited ability to network and his lack of interpersonal skills. Benjamin points out that his employment evaluations show that networking was one of his greatest strengths. He claims that based on these evaluations a fact finder could reasonably disbelieve DuPont’s articulated reasons for his termination.

The District Court concluded that Benjamin had made out a prima facie case. Having found a prima facie case, however, the District Court granted summary judgment for DuPont. The District Court concluded that DuPont articulated a legitimate reason for not choosing Benjamin, while Benjamin was unable to produce evidence from which a fact finder could either: (1) disbelieve the employer’s articulated legitimate reasons; or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the action. Keller v. Orix Credit Alliance, Inc., 180 F.3d 1101, 1108 (3d Cir.1997).

The District Court had subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1343, and we have jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary review over the District Court’s grant of summary judgment and apply the same standard the District Court should have applied. Farrell v. Planters Lifesavers Co., 206 F.3d 271, 278 (3d Cir.2000).

II.

Under the burden-shifting analysis established by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), to survive summary judgment a plaintiff must first prove a prima facie case of discrimination. If the plaintiff does so, the burden then shifts to the defendant “to articulate some legitimate, nondiscriminatory reason” for its action. Id. at 802. If the defendant meets its burden of production, any presumption of discrimination drops from the case and the plaintiff has the burden to adduced evidence from which a fact finder could reasonably disbelieve the employer’s articulated reasons for the action. Id. at 804.

When the plaintiff alleges unlawful discharge based on age, the prima facie case requires proof that: (1) the plaintiff was a member of the protected class, i.e., was 40 years of age or older; (2) the plaintiff was discharged; (3) the plaintiff was qualified for the job; and (4) the plaintiff was replaced by a sufficiently younger person to create an inference of age discrimination. Keller, 130 F.3d at 1108 (citing Sempier v. Johnson, 45 F.3d 724, 728 (3d Cir.1995)). In this case, the parties agree that Benjamin was a member of the protected class and that he was discharged. They disagree, however, as to whether he was qualified for the job and replaced by a sufficiently younger person.

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75 F. App'x 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-v-ei-du-pont-de-nemours-co-ca3-2003.