Cargile v. Horton Homes, Inc.

851 F. Supp. 1575, 1994 U.S. Dist. LEXIS 6382, 64 Fair Empl. Prac. Cas. (BNA) 1526, 1994 WL 190842
CourtDistrict Court, M.D. Georgia
DecidedMay 13, 1994
Docket1:92-cv-00003
StatusPublished
Cited by5 cases

This text of 851 F. Supp. 1575 (Cargile v. Horton Homes, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cargile v. Horton Homes, Inc., 851 F. Supp. 1575, 1994 U.S. Dist. LEXIS 6382, 64 Fair Empl. Prac. Cas. (BNA) 1526, 1994 WL 190842 (M.D. Ga. 1994).

Opinion

851 F.Supp. 1575 (1994)

Gary S. CARGILE, Plaintiff,
v.
HORTON HOMES, INC., Defendant.

Civ. A. No. 92-41-3-MAC (WDO).

United States District Court, M.D. Georgia, Macon Division.

May 13, 1994.

*1576 Frederick A. Stuart, Marguerite H. Taylor, Atlanta, GA, for plaintiff Gary S. Cargile.

Lisa Sudderth Burnett, Lori S. D'Alessio, John C. Porter, Jr., Atlanta, GA, for defendant Horton Homes, Inc.

ORDER

OWENS, Chief Judge.

Before the court is defendant's motion for summary judgment. After careful consideration of the arguments of counsel, the relevant case law, and the record as a whole, the court issues the following order.

FACTS

Plaintiff Gary Cargile was born on September 20, 1947. In March of 1979, plaintiff began work with defendant Horton Homes Inc. Horton Homes is a modular homes manufacturer located near Eatonton, Georgia. Initially, plaintiff was assigned to the section of the assembly line where sidewalls are attached to the base of the housing units. In 1982, plaintiff was transferred to the cabinet shop. In the cabinet shop, plaintiff assembled pre-cut particle board cabinets. These cabinets were then installed in the *1577 housing units by other sections of the assembly line.

In 1990, Horton Homes decided to discontinue the assembly and installation of the particle board cabinets and to begin purchasing prefabricated cabinets from another company. As a consequence, Horton Homes no longer needed employees to assemble the pre-cut cabinets. Accordingly, in April 1990, defendant transferred plaintiff to the section of the assembly line where the interiors of the housing units were completed. Russell Haley, Horton Homes' production manager, was responsible for the transfer of employees from the cabinet shop to other positions in the plant. Haley transferred plaintiff to the interior assembly unit on the recommendation of Tommy McElhannon, plaintiff's supervisor in the cabinet shop. Neither plaintiff's pay nor benefits were altered as a result of the transfer.

Plaintiff's first day of work with the interior assembly unit was April 23, 1990. Almost immediately, plaintiff began experiencing problems. For example, plaintiff found it difficult to keep up with the pace of the production line. Plaintiff attributes the production difficulty to his lack of training and the uncooperative nature of the other employees in the unit.

On the morning of April 25, 1990, plaintiff was called off the assembly line and taken to Russell Haley's office. Haley asked plaintiff about the problems plaintiff was experiencing in the interior assembly unit. Plaintiff told Haley that his co-workers were uncooperative and that the confined work area of the interior assembly unit made him uncomfortable. Accordingly, plaintiff requested a transfer to a different position in the plant. Haley asked plaintiff if he would go back to the sidewalls unit. Plaintiff, however, told Haley that he did not think he could physically perform the duties required in sidewall installation. Haley then informed plaintiff that he would attempt to find another position in the plant for plaintiff and requested that plaintiff complete the day in the interior assembly unit.

That same day, at approximately 4:00 p.m., plaintiff was again asked to report to Haley's office. Haley told plaintiff that he had been unable to find another position in the plant for plaintiff. Haley then asked plaintiff his age. Plaintiff replied that he was forty-two years old. Haley advised plaintiff that because plaintiff was over forty years of age, he might want to consider retirement. Plaintiff, however, informed Haley that he did not want to retire. Haley advised plaintiff a second time that retirement might be his best option. Again, plaintiff refused. Haley then informed plaintiff that he was terminated. Plaintiff's position in the interior assembly unit was filled by John Edward Lewis. At the time Lewis began work in the unit, he was forty-two years old.

On January 21, 1992, plaintiff brought suit against Horton Homes pursuant to the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 623 et seq. In his complaint, plaintiff contends that defendant violated the ADEA by (1) transferring plaintiff from his position in the cabinet shop and (2) terminating his employment. Subsequently, defendant filed this motion for summary judgment. Defendant contends that plaintiff cannot make out a prima facie case of age discrimination. Further, defendant asserts that even if plaintiff could make out a prima facie case, plaintiff has failed to put forth any evidence proving that defendant's proffered reasons for the employment actions are pretextual.

DISCUSSION

29 U.S.C. § 623 provides, in part: "It shall be unlawful for an employer ... to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age...." 29 U.S.C. § 623(a)(1). As noted above, plaintiff contends that defendant violated this provision of the ADEA by (1) transferring plaintiff from his position in the cabinet shop and (2) terminating his employment. Because plaintiff is required to establish a different prima facie case for his "transfer" claim than for his "termination" claim, the court will address each contention separately.

I. Transfer

Under the ADEA, the plaintiff bears the initial burden of establishing a prima *1578 facie case of age discrimination. Clark v. Coats & Clark, Inc., 990 F.2d 1217, 1226 (11th Cir.1993); Verbraeken v. Westinghouse Electric Corp., 881 F.2d 1041, 1045 (11th Cir.1989); Young v. General Foods Corp., 840 F.2d 825, 828 (11th Cir.1988). "If a plaintiff establishes a prima facie case ... the employer must articulate a legitimate, nondiscriminatory rationale for the [employment action]. If the employer does so, the burden shifts back to the plaintiff to prove that the employer's asserted reason is pre-textual." Young, 840 F.2d at 828.

"There are three methods by which a plaintiff may establish a prima facie case of age discrimination: by direct evidence of discriminatory intent; by meeting the test originally set out for Title VII cases in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); or by statistical proof of a pattern of discrimination." Verbraeken, 881 F.2d at 1045.

Plaintiff has attempted to meet his initial burden by establishing a prima facie case in accordance with the test set forth in McDonnell Douglas.

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851 F. Supp. 1575, 1994 U.S. Dist. LEXIS 6382, 64 Fair Empl. Prac. Cas. (BNA) 1526, 1994 WL 190842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cargile-v-horton-homes-inc-gamd-1994.