Corneveaux v. CUNA Mutual Insurance Group

76 F.3d 1498, 43 Fed. R. Serv. 1022, 1996 U.S. App. LEXIS 2589, 67 Empl. Prac. Dec. (CCH) 43,940, 70 Fair Empl. Prac. Cas. (BNA) 247, 1996 WL 73416
CourtCourt of Appeals for the Tenth Circuit
DecidedFebruary 21, 1996
DocketNos. 94-4167, 94-4174
StatusPublished
Cited by4 cases

This text of 76 F.3d 1498 (Corneveaux v. CUNA Mutual Insurance Group) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Corneveaux v. CUNA Mutual Insurance Group, 76 F.3d 1498, 43 Fed. R. Serv. 1022, 1996 U.S. App. LEXIS 2589, 67 Empl. Prac. Dec. (CCH) 43,940, 70 Fair Empl. Prac. Cas. (BNA) 247, 1996 WL 73416 (10th Cir. 1996).

Opinion

BRORBY, Circuit Judge.

Mary Corneveaux brought suit against CUNA Mutual Insurance Society (hereinafter “CUNA”) alleging age discrimination and retaliation under 29 U.S.C. § 623(a) and (d) and § 626, sexual and religious discrimination under 42 U.S.C. § 2000e-2(a) and breach of an implied contract under Utah law. After a five-day trial, the district judge granted CUNA’s Motion for Judgment as a Matter of Law on all claims. Ms. Corneveaux appeals on five issues, claiming: 1) the trial court erred by granting CUNA’s Motion for Judgment As a Matter of Law as to Ms. Corne-veaux’s age discrimination claim; 2) the trial court abused its discretion by refusing to allow certain expert testimony; 3) the trial court erred by granting CUNA’s Motion for Judgment as a Matter of Law on the implied-in-fact contract claim; 4) the trial court erred by refusing to allow the jury to decide Ms. Corneveaux’s age retaliation claim; and 5) the trial court erred in determining Ms. Cor-neveaux’s Title VII claims were frivolous and groundless and thereby awarding attorney’s fees and costs to CUNA. CUNA cross-ap[1502]*1502peals alleging the district court erred in awarding CUNA only $5,000 in attorney’s fees when “the undisputed evidence showed that it had expended $125,172.28 in fees and costs” and that the district court erred in awarding attorney’s fees against Ms. Corne-veaux’s counsel under 42 U.S.C. § 2000e-5(k) rather than under an alternative theory of liability. We exercise jurisdiction pursuant to 28 U.S.C. § 1291.

Ms. Corneveaux was employed by CUNA for thirteen years. She was hired as a claims trainee, became a claims adjuster and then was promoted to a branch claims manager. In 1985 her position as branch claims manager was eliminated and she was made a resident claims adjuster. In 1989, due to company-wide downsizing, CUNA phased out Ms. Comeveaux’s position as a resident adjuster. In response to the company-wide downsizing, CUNA’s president, Richard Heins, circulated a letter stating displaced employees “should have preference” for new jobs within the company and retraining would be provided. Ms. Corneveaux applied for a company opening to be a service specialist. She was given a cursory interview with Nile Peterson, a group sales manager who was responsible for hiring, and two tests to rate her personality and aptitude. Mr. Peterson hired Jonathan Nichols, a man under age forty who had not been previously employed by the company, for the position. Ms. Corneveaux did not obtain other employment with CUNA

I

Ms. Corneveaux first contends the district court erred in granting CUNA judgment as a matter of law on her age discrimination claim. Judgement as a matter of law is appropriate “[i]f during a jury trial a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue.” Fed.R.Civ.P. 50(a). We review de novo a grant or denial of a judgment as a matter of law. Sheets v. Salt Lake County, 45 F.3d 1383, 1387 (10th Cir.), cert. denied, — U.S. -, 116 S.Ct. 74, 133 L.Ed.2d 34 (1995). “‘[W]e must construe the evidence and inferences most favorably to the nonmoving party.’ ” F.D.I.C. v. Unit ed Pacific Ins. Co., 20 F.3d 1070, 1079 (10th Cir.1994) (quoting Ralston Dev. Corp. v. United States, 937 F.2d 510, 512 (10th Cir.1991)).

The district court granted CUNA judgment as a matter of law after Ms. Comeveaux had rested her case. The court held Ms. Corneveaux did not make a prima facie case for age discrimination, that she had not produced “sufficient evidence from which a reasonable jury could conclude that the defendant discriminated against her on the basis of her age,” and “that the evidence the other way is overwhelming.” The Age Discrimination in Employment Act states:

It shall be unlawful for an employer—

(1) 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). To establish a prima facie case of age discrimination the plaintiff must show by a preponderance of the evidence: 1) she was within the protected age group; 2) she was qualified for the position for which she applied; 3) she was adversely affected by an employment decision of the defendant; and 4) a younger person was hired. See Cone v. Longmont United Hosp. Ass’n, 14 F.3d 526, 529 (10th Cir.1994).

At trial Ms. Corneveaux introduced evidence sufficient to allow a reasonable jury to find she established a prima facie case of age discrimination. Ms. Corneveaux satisfied the first prong by showing she was over age forty when she applied for the position. 29 U.S.C. § 631(a); Thomas v. International Business Machines, 48 F.3d 478, 485 (10th Cir.1995). She addressed the second prong by showing she met the listed qualifications for the job and was capable of being trained to meet any unwritten qualifications. She met the third prong by showing she was not hired for the position and- as a result was forced to look for alternative employment. Finally, she met the fourth prong by showing the position was filled by a younger person.

Once Ms. Corneveaux established a prima facie case, the burden shifted to [1503]*1503CUNA to produce evidence of a facially nondiscriminatory reason for its employment decision. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-03, 93 S.Ct. 1817, 1824-25, 36 L.Ed.2d 668 (1973); see Bolton v. Scrivner, Inc., 36 F.3d 939, 944 (10th Cir.1994) (“ADEA claims are analyzed under the three-step framework outlined in McDonnell Douglas.”), cert. denied, — U.S.-, 115 S.Ct. 1104, 130 L.Ed.2d 1071 (1995). If CUNA met its burden of production, Ms. Comeveaux’s burden of persuasion then required that she show either age was a determinative factor in the employment decision or CUNA’s explanations for its action were merely pretexts. Cone, 14 F.3d at 526. A showing of either one of these elements will permit a jury to find “the defendant discriminated on the illegal basis of age.” Id.

CUNA offered five nondiseriminatory reasons why it did not hire Ms.

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76 F.3d 1498, 43 Fed. R. Serv. 1022, 1996 U.S. App. LEXIS 2589, 67 Empl. Prac. Dec. (CCH) 43,940, 70 Fair Empl. Prac. Cas. (BNA) 247, 1996 WL 73416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corneveaux-v-cuna-mutual-insurance-group-ca10-1996.