Carberry v. Monarch Marking Systems, Inc.

30 F. App'x 389
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 11, 2002
DocketNo. 00-3922, 00-3996
StatusPublished
Cited by6 cases

This text of 30 F. App'x 389 (Carberry v. Monarch Marking Systems, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carberry v. Monarch Marking Systems, Inc., 30 F. App'x 389 (6th Cir. 2002).

Opinions

PER CURIAM.

The defendant, Monarch Marking Systems, appeals from the district court’s denial of its motion for judgment as a matter of law, following a jury verdict in favor of the plaintiff, James Carberry, in an action that he brought under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634. In response, Carberry contends that the district court correctly denied the defendant’s motion but erred in failing to instruct the jury on willfulness, thus depriving him of liquidated damages, and erred in ordering reinstatement rather than submitting the issue of front pay to the jury. We find no reversible error and affirm.

PROCEDURAL AND FACTUAL BACKGROUND

Plaintiff James Carberry worked for Monarch Marking Systems from 1975 until August 1995 when he—along with several hundred other employees—was laid off, and his position, “Controller, Manufactur[392]*392ing Operations,” was eliminated. In January 1996, Carberry, then aged 56, saw a newspaper advertisement from Monarch for the position of “Operations Controller,” which was very similar to the job Carberry had previously held. The advertisement listed four specific qualifications required for the job, all of which Monarch concedes Carberry met. Carberry applied for the position, but Monarch never responded. In March 1996, Monarch hired Mark Driscoll, who was 37 at the time, although Monarch concedes that Driscoll did not meet several of the requirements set out in the ad.

At a two-day jury trial, Monarch argued that Carberry’s application was not considered because three of Carberry’s supervisors believed:—based on Carberry’s past performance at Monarch:—that he was not “well-suited” for the job. Carberry argued that Monarch’s proffered justification was pretextual in light of Monarch’s published job qualifications and evidence that Carberry performed well in his previous position at Monarch. At the close of Car-berry’s case and at the close of all the evidence, Monarch moved for judgment as a matter of law, which the district court denied. Before the case was submitted to the jury, however, the district court ruled that it would not instruct the jury on the issue of liquidated damages because Car-berry had failed to submit evidence of a willful violation. The court also denied Carberry’s request for a jury instruction on the issue of front pay, ruling that reinstatement to the position of Operations Controller was the appropriate remedy in the event of a jury verdict in his favor.

The jury returned two special verdicts in favor of Carberry, finding that age was “a determining factor” in Monarch’s decision not to hire Carberry and awarding him $302,694 in back pay. Monarch renewed its motion for judgment as a matter of law. On June 26, 2000, after the Supreme Court issued its decision in Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000), the district court denied Monarch’s motion, holding that there was sufficient evidence from which a reasonable jury could find in Carberry’s favor, based on the fact that Carberry met Monarch’s own published qualifications. Monarch timely appeals the denial of its motion, and Carberry timely cross-appeals the district court’s refusal to instruct the jury on the issue of liquidated damages or front pay.

DISCUSSION

A. Monarch’s Liability under the AJDEA

We review de novo a district court’s denial of a motion for judgment as a matter of law. See Christian v. Wal-Mart Stores, Inc., 252 F.3d 862, 867 (6th Cir.2001). Such a motion should be granted only if there is no legally sufficient evidentiary basis for a reasonable jury to find for the non-moving party. If reasonable minds could differ as to sufficiency of the evidence, judgment as a matter of law is not warranted. See Fed.R.Civ.P. 50(a). In making this determination, both the trial court and the reviewing court

should review all of the evidence in the record. In doing so, however, the court must draw all reasonable inferences in favor of the nonmoving party, and it may not make credibility determinations or weigh the evidence... Thus, although the court should review the record as a whole, it must disregard all evidence favorable to the moving party that the jury is not required to believe. That is, the court should give credence to the evidence favoring the nonmovant as well as that ‘evidence supporting the moving party that is uncontradicted and unimpeached, at least to the extent that that [393]*393evidence comes from disinterested witnesses.’

Reeves, 530 U.S. at 150-51, 120 S.Ct. 2097 (italics added) (internal citations omitted).

Monarch argues that based on Carberry’s evidence, a reasonable jury could not have found that the explanation for its hiring decision was a cover for age discrimination. There are three ways a plaintiff can establish that a defendant’s reason for an adverse employment decision was pretextual: (1) by showing that the reason had no basis in fact; (2) if the reason had a basis in fact, by showing that it was not the actual factor motivating the decision; or (3) if it was a factor, by showing that the reason was insufficient to motivate the decision. See Manzer v. Diamond Shamrock Co., 29 F.3d 1078, 1084 (6th Cir.1994). Carberry set out to prove that Monarch’s reason for not selecting him for the job had no basis in fact—in other words, Monarch’s explanation was “factually false.” See id. at 1084.

In arguing that the evidence failed to show pretext, Monarch contends that Car-berry proved only that he met the qualifications listed in the job announcement and that Mark Driscol did not. Throughout its brief, Monarch endeavors to minimize the significance of the announcement by maintaining that it listed only the “minimum” or “paper” qualifications for the job. Monarch argues that despite the obvious advantage Carberry held over Driscol with respect to these “paper qualifications,” it was entitled to conclude that Carberry was not the “right fit” or otherwise “well-suited” for the job.

Monarch’s argument boils down to the view that an employer is entitled to entertain subjective factors (in addition to objective criteria) in making employment decisions. This circuit has held that while the use of subjective factors in employment decisions is not at all prohibited under the ADEA, “[t]he ultimate issue in each case is whether the subjective criteria were used to disguise discriminatory action.” Grano v. Dept. of Development of the City of Columbus, 699 F.2d 836, 837 (6th Cir.1983); see also Rowe v. Cleveland Pneumatic Co., 690 F.2d 88, 93 (6th Cir.1982). Thus, an employment decision genuinely based upon a somewhat visceral sense of which candidate was the “right fit” for the position would not violate the law.

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Bluebook (online)
30 F. App'x 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carberry-v-monarch-marking-systems-inc-ca6-2002.