DUFFY, Douglass M., Appellee, v. WHEELING PITTSBURGH STEEL CORP., Appellant

738 F.2d 1393, 35 Fair Empl. Prac. Cas. (BNA) 246, 1984 U.S. App. LEXIS 20658, 34 Empl. Prac. Dec. (CCH) 34,527
CourtCourt of Appeals for the Third Circuit
DecidedJuly 10, 1984
Docket83-1776
StatusPublished
Cited by127 cases

This text of 738 F.2d 1393 (DUFFY, Douglass M., Appellee, v. WHEELING PITTSBURGH STEEL CORP., Appellant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DUFFY, Douglass M., Appellee, v. WHEELING PITTSBURGH STEEL CORP., Appellant, 738 F.2d 1393, 35 Fair Empl. Prac. Cas. (BNA) 246, 1984 U.S. App. LEXIS 20658, 34 Empl. Prac. Dec. (CCH) 34,527 (3d Cir. 1984).

Opinions

OPINION OF THE COURT

GARTH, Circuit Judge:

Plaintiff Douglass Duffy brought suit against his former employer, Wheeling-Pittsburgh Steel Corporation (“Wheeling-Pittsburgh”) under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. (1975) (“ADEA”).1 The district court held that Wheeling-Pittsburgh’s discharge of Duffy violated the ADEA, based on the court’s findings that Duffy had established a prima facie case of age discrimination and that Wheeling-Pittsburgh’s proffered reason for discharging Duffy was a “mere pretext.” The questions presented on this appeal are (1) whether the district court applied proper legal precepts in holding that a pretextual justification is equivalent to a finding of intentional discrimination under the ADEA; and (2) whether the district court’s finding that Wheeling-Pittsburgh’s justification for discharging Duffy was a pretext was clearly erroneous. We affirm, holding that there was no error of law and the district court’s findings of fact were not clearly erroneous.

I.

Duffy had been employed as a salesman in the Philadelphia district office of Wheeling-Pittsburgh and its predecessor company from 1955 until 1980 when Wheeling-Pittsburgh terminated his employment as part of a 15% reduction in work force necessitated by weak economic conditions in [1395]*1395the steel industry. Duffy was 59 years of age when his employment was terminated. Prior to May, 1980, there were six salesmen in the Philadelphia district.2 Wheeling-Pittsburgh terminated the four oldest and most highly paid salesmen, including Duffy.

II.

We address first Wheeling-Pittsburgh’s argument that the district court misapplied legal standards in finding intentional discrimination. In order to recover under the ADEA, a plaintiff must prove by a preponderance of the evidence that age was “a determinative factor” in the employer’s decision. See Smithers v. Bailar, 629 F.2d 892 (3d Cir.1980); see also Lewis v. University of Pittsburgh, 725 F.2d 910 (3d Cir.1983) (applying same standard in Title VII context). Duffy need not prove that age was the employer’s sole or exclusive consideration but must prove that “age made a difference” in that decision. Smithers, 629 F.2d at 898.

The district court first determined, under the guidelines of McDonnell Douglas v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973) and Smithers, 629 F.2d at 895, that Duffy had established a prima facie showing of age discrimination. A plaintiff alleging a discriminatory layoff need show only that he was laid off from a job for which he was qualified while others not in the protected class were treated more favorably. Massarsky v. General Motors Corp., 706 F.2d 111, 118 (3d Cir.), cert. denied, — U.S. -, 104 S.Ct. 348, 78 L.Ed.2d 314 (1983).3 Wheeling-Pittsburgh does not challenge the finding that Duffy established a prima facie ease.

After a plaintiff has established a prima facie case of age discrimination, the burden shifts to the defendant to dispel the adverse inference by articulating “some legitimate, nondiscriminatory reason for the employee’s rejection.” Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981); Furnco Construction Corp. v. Waters, 438 U.S. 567, 578, 98 S.Ct. 2943, 2950, 57 L.Ed.2d 957 (1978); Massarsky, 706 F.2d at 118; Smithers, 629 F.2d at 895. Once the defendant satisfies the requirement of articulating a non-discriminatory reason for the employee’s discharge, the ultimate burden remains with the plaintiff to prove to the trier of fact that the defendant intentionally discriminated against the plaintiff. Burdine, 450 U.S. at 252-53, 101 S.Ct. at 1093-94; Lewis, 725 F.2d 910.

Wheeling-Pittsburgh argues that the district court made an error of law by [1396]*1396focusing on “pretext” and relieving Duffy from having to prove an actual discriminatory intent. However, under the McDonnell Douglas test, a showing that a proffered justification is pretextual is itself equivalent to a finding that the employer intentionally discriminated. As stated by the Court in Burdine, after the plaintiff has established a prima facie case and the defendant has articulated a nondiscriminatory reason for the challenged action, the plaintiffs burden of showing pretext “merges with the ultimate burden of persuading the Court that [the employee] has been the victim of discrimination. [The employee] may succeed in this either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer’s proffered explanation is unworthy of credence.” 450 U.S. at 256, 101 S.Ct. at 1095. See also United States Postal Service Bd. of Governors v. Aikens, 460 U.S. 711, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983); Massarsky, 706 F.2d at 118-19; Behlar v. Smith, 719 F.2d 950, 952 (8th Cir.1983).

Here, the district court properly applied the standards of Burdine. Contrary to the suggestion found in the dissent that a difference exists between the proofs required in an ADEA case and those required in a Title VII case (see Dissent, typescript at p. 9), the district court properly followed our established precedent. See Smithers, 629 F.2d at 892. It noted that “the fact that an employer can demonstrate that an employment decision was based upon sound business reasons will not preclude liability under the ADEA if the employee can prove, nevertheless, that (1) a discriminatory reason more likely motivated the employer or (2) the employer’s proffered explanation is unworthy of credence.” Thus, the district court applied proper legal precepts.

III.

We next consider whether the district court’s finding of pretext or intentional discrimination was clearly erroneous. In the instant case, after Duffy established his prima facie case, Wheeling-Pittsburgh proffered a legitimate nondiscriminatory reason for Duffy’s discharge that (1) economic conditions in the steel industry forced a cutback in personnel, and (2) Duffy was selected for termination based on relative job performance. The district court noted in its opinion that if Wheeling-Pittsburgh’s explanation were true, it would adequately rebut any inference of discrimination.

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

Related

Steward v. Sears Roebuck & Co.
312 F. Supp. 2d 719 (E.D. Pennsylvania, 2004)
DeJoy v. Comcast Cable Communications Inc.
968 F. Supp. 963 (D. New Jersey, 1997)
Pellegrino v. McMillen Lumber Products Corp.
16 F. Supp. 2d 574 (W.D. Pennsylvania, 1996)
Marzano v. Computer Science
Third Circuit, 1996
Brewer v. Quaker State Oil Refining Corp.
874 F. Supp. 672 (W.D. Pennsylvania, 1995)
Armbruster v. UNISYS Corp.
32 F.3d 768 (Third Circuit, 1994)
Masterson v. LaBrum and Doak
846 F. Supp. 1224 (E.D. Pennsylvania, 1993)
Baker v. Consolidated Rail Corp.
835 F. Supp. 846 (W.D. Pennsylvania, 1993)
May v. Hobart Corp.
839 F. Supp. 309 (E.D. Pennsylvania, 1993)
Curtis v. Robern, Inc.
819 F. Supp. 451 (E.D. Pennsylvania, 1993)
Zampino v. Supermarkets General Corp.
821 F. Supp. 1067 (E.D. Pennsylvania, 1993)
McKenna v. Pacific Rail Service
817 F. Supp. 498 (D. New Jersey, 1993)
Naas v. Westinghouse Electric Corp.
818 F. Supp. 874 (W.D. Pennsylvania, 1993)
Just v. James River, II, Inc.
784 F. Supp. 1145 (D. Delaware, 1992)
Ezold v. Wolf, Block, Schorr and Solis-Cohen
751 F. Supp. 1175 (E.D. Pennsylvania, 1990)
First Atlantic Leasing Corp. v. Tracey
738 F. Supp. 863 (D. New Jersey, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
738 F.2d 1393, 35 Fair Empl. Prac. Cas. (BNA) 246, 1984 U.S. App. LEXIS 20658, 34 Empl. Prac. Dec. (CCH) 34,527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duffy-douglass-m-appellee-v-wheeling-pittsburgh-steel-corp-appellant-ca3-1984.