Daniel J. Sharkey, Plaintiff-Appellee-Cross-Appellant v. Lasmo (Aul Ltd.), Ultramar Corporation, Defendant-Appellant-Cross-Appellee

214 F.3d 371, 2000 U.S. App. LEXIS 12563, 84 Fair Empl. Prac. Cas. (BNA) 967
CourtCourt of Appeals for the Second Circuit
DecidedJune 8, 2000
Docket1999
StatusPublished
Cited by61 cases

This text of 214 F.3d 371 (Daniel J. Sharkey, Plaintiff-Appellee-Cross-Appellant v. Lasmo (Aul Ltd.), Ultramar Corporation, Defendant-Appellant-Cross-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel J. Sharkey, Plaintiff-Appellee-Cross-Appellant v. Lasmo (Aul Ltd.), Ultramar Corporation, Defendant-Appellant-Cross-Appellee, 214 F.3d 371, 2000 U.S. App. LEXIS 12563, 84 Fair Empl. Prac. Cas. (BNA) 967 (2d Cir. 2000).

Opinions

Judge CYNTHIA HOLCOMB HALL dissents in part by separate opinion.

LEVAL, Circuit Judge:

Defendant Ultramar Corporation (“Ul-tramar”) appeals from the October 13, 1998 judgment on the jury’s verdict entered in favor of the plaintiff and against Ultramar, and from the July 7, 1999 Opinion and Order denying Ultramar’s motion for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(b) or, in the alternative, for a new trial pursuant to Fed.R.Civ.P. 59(a). See Sharkey v. Lasmo (Aul Ltd.), 55 F.Supp.2d 279 (S.D.N.Y.1999). Plaintiff Sharkey cross-appeals from the August 3, 1998 Opinion and Order denying his motion for equitable relief. See Sharkey v. Lasmo. (Aul Ltd.), 15 F.Supp.2d 401 (S.D.N.Y.1998). We affirm the judgment and the order denying defendant’s post-judgment motion. We vacate the order denying plaintiffs motion for equitable relief and remand for further proceedings.

BACKGROUND

Sharkey brought suit under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. He alleged that in 1992 Ultramar intentionally discriminated against him on account of his age by offering him less attractive employment terms than those offered his younger colleagues, when all three were asked to relocate to Montreal. The facts are set out in the previously reported opinions, see Sharkey v. Lasmo, 55 F.Supp.2d at 282, 992 F.Supp. 321, 323-24 (S.D.N.Y.1998); 906 F.Supp. 949, 951-52 (S.D.N.Y.1995). After a seven-day jury trial, the jury returned a verdict on April 9, 1998, finding Ultramar had discriminated against Sharkey and awarding him damages of $1,427,200. On August 3, 1998 the court denied Sharkey’s motion for additional equitable relief. [374]*374Judgment was entered on the verdict on October 13, 1998. On July 7, 1999 the district court denied the defendant’s post-judgment motions. Both parties filed timely appeals.

DISCUSSION

A. Ultramar’s Appeal

Ultramar contends the court erred in charging the jury on the burden-shifting analysis set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). We agree that juries should not be charged on the McDonnell Douglas burden-shifting framework. See, e.g., Grreenway v. Buffalo Hilton Hotel, 143 F.3d 47, 53 (2d Cir.1998) (“Courts — not juries — should determine whether the initial McDonnell Douglas burdens of production have been met.”). It is the judge, not the jury, who must decide whether plaintiff has satisfied the requirements of McDonnell Douglas’s minimal version of a prima facie case, thereby shifting the burden of going forward to the defendant, as well as whether the defendant has subsequently satisfied the burden of proffering a nondiscriminatory reason for its conduct. Instructing the jury on this complex process produces no benefit and runs the unnecessary risk of confusing the jury. If the plaintiff has successfully made a prima facie case and the defendant has met its burden of proffering a reason other than discrimination for its actions, the court should instruct the jury that plaintiff bears the burden of proving that the defendant was motivated by prohibited discrimination — without reference to the successive burden-shifting tests that the parties have been required to pass.

Nonetheless, we see no basis in this record for concluding that charging the jury on a superfluous matter caused prejudice to the defendant. The jury was repeatedly charged on the plaintiffs ultimate burden to prove that age was a determinative factor or “real reason” in the defendant’s treatment of Sharkey. The jury’s verdict form furthermore evidences a finding “that the defendant Ultramar Corporation discriminated against plaintiff on the basis of his age.” We can see no reason to order retrial.

Nor do we find merit in Ultra-mar’s other attacks on the judgment. “View[ing] the evidence in the light most favorable to [plaintiff],” Piesco v. Koch, 12 F.3d 332, 343 (2d Cir.1993) (internal quotation marks omitted), and making all credibility determinations and drawing all inferences in his favor, we cannot say there was “no legally sufficient evidentiary basis for a reasonable jury to find” that Ultramar discriminated against Sharkey on account of his age. Fed.R.Civ.P. 50(a)(1). We therefore cannot agree with the defendant that it was entitled to judgment as a matter of law, notwithstanding the jury’s verdict. Nor is the evidence legally insufficient to support findings that Sharkey acted reasonably in declining his job relocation offer and that he reasonably endeavored to mitigate his damages. Finally, we find no merit to Ultramar’s argument that Sharkey’s claim accrued on July 1, 1991 and was therefore time-barred. Therefore, we affirm the district court’s order denying judgment as a matter of law.

B. Sharkey’s Cross-Appeal

On Sharkey’s cross-appeal, we review the district court’s order denying Sharkey equitable relief for abuse of discretion. See Banks v. Travelers Cos., 180 F.3d 358, 365 (2d Cir.1999); Gierlinger v. Gleason, 160 F.3d 858, 873 (2d Cir.1998). Sharkey contends that the district court erred in denying the award of prejudgment interest and pension credits. We agree, with qualifications. We therefore vacate the order and remand to the district court for further proceedings.

As to the denial of the award of pension benefits, Sharkey argues that he is entitled to service and salary credits for the same period as the jury awarded back-pay. We agree with Sharkey that awards [375]*375for lost pension benefits are compensation for past economic loss — -not a form of “prospective relief,” as the district court found. See Sharkey, 15 F.Supp.2d at 404-05. If Sharkey was denied compensation for lost pension benefits, he was not made whole, and thus did not receive the proper measure of relief under the anti-discrimination laws. See, e.g., Whittlesey v. Union Carbide Corp., 742 F.2d 724, 727-28 (2d Cir. 1984).

However, it does not necessarily follow that Sharkey is entitled to the relief he seeks. We have distinguished two kinds of relief that may compensate a victim of discrimination for his lost pension benefits. See Banks, 180 F.3d at 365. First, the plaintiffs lost service and salary credits may be restored to his pension plan. See id.; Getter v. Markham, 635 F.2d 1027, 1036 (2d Cir:1980).

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214 F.3d 371, 2000 U.S. App. LEXIS 12563, 84 Fair Empl. Prac. Cas. (BNA) 967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-j-sharkey-plaintiff-appellee-cross-appellant-v-lasmo-aul-ltd-ca2-2000.