Davis v. Ingersoll Johnson Steel Co.

628 F. Supp. 25, 39 Fair Empl. Prac. Cas. (BNA) 1197, 1985 U.S. Dist. LEXIS 18364, 40 Empl. Prac. Dec. (CCH) 36,376
CourtDistrict Court, S.D. Indiana
DecidedJune 28, 1985
DocketNo. IP 82-793-C
StatusPublished

This text of 628 F. Supp. 25 (Davis v. Ingersoll Johnson Steel Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Ingersoll Johnson Steel Co., 628 F. Supp. 25, 39 Fair Empl. Prac. Cas. (BNA) 1197, 1985 U.S. Dist. LEXIS 18364, 40 Empl. Prac. Dec. (CCH) 36,376 (S.D. Ind. 1985).

Opinion

MEMORANDUM OF DECISION

DILLIN, District Judge.

This case came before the Court for trial on November 2, 1984. For the following reasons, judgment will be entered in favor of the plaintiff and damages will be awarded in the amount of $11,987.66 plus costs.

Background

This case was initiated by the plaintiffs against the defendant alleging a violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. The present trial concerned only the alleged wrongful discharge of plaintiff, Warren H. Davis, from his employment as a security guard for defendant Ingersoll Johnson Steel Company, Inc. (hereafter Ingersoll Johnson).

Davis was employed in a variety of positions with Ingersoll Johnson from 1945 to 1981 with the exception of eight years, from 1959 to 1967, when Davis was granted leave to act as Sheriff of Henry County. Prior to Davis’s term as Sheriff, he worked in various positions within the union bargaining unit, accumulating 21 vested years of seniority in the unit. Upon seeking rehiring in 1967, Davis was offered and accepted a management position as assistant foreman in shipping and receiving.

Davis remained in a supervisory position, with no complaints about his job performance until 1971. At that time, Ingersoll Johnson’s cold rolling facility was closed and Davis was asked if he would accept a position in plant protection. • He accepted the job and worked as a security guard on the second (evening) shift for the next 10 years. Davis’s duties as security guard included checking all personnel entering and leaving the plant, picking up bills of lading for after hours deliveries, and performing periodic safety inspections of the plant.

Throughout Davis’s employment at Ingersoll Johnson, he received regular salary increases and was not criticized in his job performance except in December, 1980. On a performance appraisal dated December 15, 1980, Davis was rated lower than he had been in the past by Roy Bovender, a personnel assistant. Davis testified that he protested the low rating and that Bovender told him he had done only what he was told to do and that he had rated all of the security guards alike. The evidence showed that Davis’s name appeared on a list of “Possibles” compiled in August 1980 by the company president, Grant John, which list contained the names of older employees who were eligible for retirement, many of whom were ultimately discharged by the end of 1981.

[27]*27In late summer and fall of 1981, Ingersoll Johnson suffered a business downturn which continued through 1982 and required a reduction in the company’s work force. On November 19, 1981, at age 60, Davis was notified of his impending termination and was offered early retirement. Davis objected to this action by the company and requested a transfer to another supervisory position or a position within the bargaining unit for which he was qualified. He was refused both. Davis was terminated effective November 30, 1981 and ultimately, in July, 1983, he elected early retirement to obtain needed medical insurance and other benefits.

Ingersoll Johnson’s president, Grant John, testified that as part of the November, 1981 reduction in force, management decided to utilize the security guard jobs as “holding” positions to retain more valued employees whose skills might be needed if business improved or who could perform other functions while also doing security guard duties. Three of the four security guards then employed by Ingersoll Johnson were replaced in November, 1981. E.M. Poynter, age 56, was retained as a guard and the three replacement guards were Roy Bovender, age 61; Phillip Orr, age 52; and Don Wallace, age 30. Bovender had previously been a guard before moving to the position of personnel assistant and could perform some of his personnel assistant duties during idle time as a guard. Orr had been a rolling mill supervisor and was retained in anticipation of a future need for his skills in that area. Wallace had been employed at Ingersoll Johnson for only six months as a receiving clerk. Wallace was retained to perform receiving clerk duties during idle time as a security guard.

Davis showed that he had prior supervisory experience in the shipping and receiving department and had performed some receiving clerk duties as a part of his duties as security guard. Davis also presented evidence that his name appeared on a second list of employees who were targeted for termination or retirement which was compiled in November, 1981. Wallace and Orr were also on this list but were not terminated.

In May, 1982, Orr was moved back to his former position as rolling mill supervisor. As a guard, Orr had been on the third (overnight) shift. Davis was offered reinstatement as a guard to fill this vacancy but Davis refused the offer because he could not work the third shift because of family circumstances.

In a prior trial in this case, involving separate plaintiffs, statistical evidence was presented showing that a greater percentage of Ingersoll Johnson’s older employees were terminated in 1981. Further evidence at the prior trial disclosed that company managers stated that they wanted “young and aggressive” and “youthful, hard hitting employees,” and that older employees should be terminated to make way for younger blood. The evidence presented at the prior trial was stipulated into evidence in the Davis trial.

Discussion

In an age discrimination case, the plaintiff has the ultimate burden of proving that he was discharged because of his age. La Montague v. American Convenience Products, Inc., 750 F.2d 1405, 1409 (7th Cir.1984). To meet this burden, the plaintiff must show that his age was “a determining factor” in the defendant’s decision to terminate him. Id.; Golomb v. Prudential Insurance Co., 688 F.2d 547 (7th Cir. 1982). The plaintiff need not show that his age was the sole motivating factor in the termination decision but he must be able to show that the defendant would not have discharged him “but for” its motive to discriminate against him due to his age. La Montagne v. American Convenience Products, Inc., supra; Golomb, supra. The plaintiff may prove discrimination directly, by presenting direct or circumstantial evidence, or he may prove his claim indirectly, through the use of the standard set forth and explained in the two United States Supreme Court cases of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and Tex[28]*28as Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). La Montagne v. American Convenience Products, Inc., supra, at 1409. Under the McDonnell Douglas or Burdine standard, as stated by the Seventh Circuit Court of Appeals in La Montagne,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
628 F. Supp. 25, 39 Fair Empl. Prac. Cas. (BNA) 1197, 1985 U.S. Dist. LEXIS 18364, 40 Empl. Prac. Dec. (CCH) 36,376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-ingersoll-johnson-steel-co-insd-1985.