Equal Employment Opportunity Commission v. Marion Motel Associates

763 F. Supp. 1338
CourtDistrict Court, W.D. North Carolina
DecidedMarch 15, 1991
DocketCiv. No. SH-C-89-185
StatusPublished
Cited by1 cases

This text of 763 F. Supp. 1338 (Equal Employment Opportunity Commission v. Marion Motel Associates) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Equal Employment Opportunity Commission v. Marion Motel Associates, 763 F. Supp. 1338 (W.D.N.C. 1991).

Opinion

MEMORANDUM OF OPINION AND ORDER

RICHARD L. VOORHEES, Chief Judge.

THIS MATTER is before the Court on post-trial motions made by both the Plaintiff and the Defendant in the captioned civil case. For the reasons stated below, both motions will be denied.

I. PLAINTIFF’S MOTION

Following the announcement of the jury’s verdict, counsel for Plaintiff moved for judgment notwithstanding the verdict, pursuant to Fed.R.Civ.P. 50(b), as to the claims under 29 U.S.C. § 621, et seq., of Francis Corriveau and Phyllis Dean Nolte. Defendant did not respond to Plaintiff’s oral motion.

Viewing the evidence with all reasonable inferences in a light most favorable to the Defendant, the Court finds no reason to disturb the jury’s verdict as to the claims of Francis Corriveau and Phyllis Nolte. 5A J. Moore & J. Lucas, Moore’s Federal Practice § 50.07(2). Accordingly, Plaintiff’s motion for judgment notwithstanding the verdict will be denied.

II. DEFENDANT’S MOTIONS

A. Motion for Judgment Notwithstanding the Verdict

The Defendant filed a motion for judgment notwithstanding the verdict or, in the alternative, a new trial. Defendant’s motion is directed to the portion of the jury’s verdict finding willful age discrimination in its employment practices as to Aileen Peterson and Effie C. Petersen. The Court has read, the Defendant’s memorandum in support of its motion (Pleading No. 45) and the Plaintiff’s memorandum in response (Pleading No. 46).

The Defendant’s motion for judgment notwithstanding the verdict should be denied “[i]f, giving [the plaintiff] the benefit of every legitimate inference in [its] favor, there was evidence upon which the jury could reasonably return a verdict for [it].” [1340]*1340Mays v. Pioneer Lumber Corp., 502 F.2d 106, 107 (4th Cir.1974), cert. denied, 420 U.S. 927, 95 S.Ct. 1125, 43 L.Ed.2d 398 (1975). This determination must be made while viewing the evidence in the light most favorable to support the jury verdict. Lovelace v. Sherwin-Williams Co., 681 F.2d 230, 243 n. 14 (4th Cir.1982). “If there is evidence to support the verdict, the trial court must enter judgment in accordance with the verdict....” 5A Moore’s Federal Practice, supra, at § 50.11. More than a “mere scintilla” of evidence is necessary to defeat the motion. Gairola v. Virginia Dept. of General Services, 753 F.2d 1281, 1285 (4th Cir.1985). However, such motions are granted rarely where motive and causation are at issue. Herold v. Hajoca Corp., 864 F.2d 317 (4th Cir.1988), cert. denied, 490 U.S. 1107, 109 S.Ct. 3159, 104 L.Ed.2d 1022 (1989).

The Plaintiff, on behalf of claimants Aileen Peterson and Effie C. Petersen, alleged that the Defendant acted wilfully to affect the terms and conditions of the claimants’ employment and subsequently terminated their employment on the basis of their ages. In pursuing its allegations, the Plaintiff had the burden of establishing a prima facie case of age discrimination, i.e., that the claimants are and were at all relevant times 40 years of age or older, were performing their duties of employment at a level meeting the legitimate expectations of the Defendant, were fired, and were subsequently replaced by younger individuals. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). The “burden of establishing a prima facie case is not a heavy one.” Young v. Lehman, 748 F.2d 194, 197 (4th Cir.1984), cert. denied, 471 U.S. 1061, 105 S.Ct. 2126, 85 L.Ed.2d 489 (1985). “[I]f the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant ‘to articulate some legitimate, nondiscriminatory reason for the employee's rejection.’ [Sjhould the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.” Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 252-253, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981) (citations omitted). See Goldberg v. B. Green and Co., Inc., 836 F.2d 845, 849 (4th Cir.1988) (adopting Title VII Burdine test to age discrimination claims).

The evidence established that both claimants were over 40 years of age during their employment by the Defendant. Gary F. Hewitt, owner and manager of the Defendant Park Inn, testified that he was satisfied with the work of claimant Effie C. Petersen. While there was some testimony as to claimant Aileen Peterson’s tardiness in reporting to work, it appears that she also generally met the legitimate expectations of Defendant. Moreover, the evidence was that Hewitt expressed his desire to replace claimants Aileen Peterson and Effie C. Petersen with younger employees. According to the testimony, although Hewitt was an experienced businessman, he caused an unlawful advertisement to be published in The McDowell News which announced vacancies in all supervisory and desk clerk positions and urged “young, energetic persons” to apply for employment at the Park Inn. See 29 U.S.C. 623(e). Hewitt testified that when claimant Effie Petersen offered to learn additional tasks for the second shift, he replied, “You can’t teach an old dog new tricks.” The evidence further established that the job application used by the Defendant contained a notice regarding prohibitions under the Age Discrimination in Employment Act (hereinafter “the Act”).

Defendant moved for a directed verdict at the close of Plaintiff's evidence and again at the close of all evidence. Fed.R. Civ.P. 50(a). The Court denied both Defendant’s motions and sent the issues covering the age discrimination claims of Aileen Peterson and Effie Petersen to the jury. The jury responded in the affirmative to the issue, “[d]id the Defendant alter the terms and conditions of and subsequently terminate the employment of claimant Aileen Peterson [and claimant Effie C. Petersen] because of [their] age?” See Verdict Sheet for Claimant Aileen Peterson and Verdict [1341]*1341Sheet for Claimant Effie C. Petersen (Pleading Nos. 41 and 42).

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

Related

Gibson v. Total Car Franchising Corp.
223 F.R.D. 265 (M.D. North Carolina, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
763 F. Supp. 1338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-marion-motel-associates-ncwd-1991.