Fox v. McDonnell Douglas Corp.

890 S.W.2d 408, 1995 Mo. App. LEXIS 37, 1995 WL 6631
CourtMissouri Court of Appeals
DecidedJanuary 10, 1995
DocketNo. 65624
StatusPublished
Cited by3 cases

This text of 890 S.W.2d 408 (Fox v. McDonnell Douglas Corp.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fox v. McDonnell Douglas Corp., 890 S.W.2d 408, 1995 Mo. App. LEXIS 37, 1995 WL 6631 (Mo. Ct. App. 1995).

Opinion

CRANDALL, Judge.

Plaintiff, Joan G. Fox, appeals from the trial court’s grant of summary judgment in favor of defendant, McDonnell Douglas Corporation, in her action for unlawful age discrimination. We affirm.

On September 14, 1990, defendant discharged plaintiff. At the time of her discharge, plaintiff was 49 years of age. She was employed for approximately 22 years in the duplicating department (department) of McDonnell Aircraft Company, a component of defendant. She operated copy machines and duplicated blueprints.

In July 1990, in an effort to reduce costs, the manager of plaintiffs department was directed to cut the staff in the department by approximately 17 percent. She chose the employees to be laid off based upon their annual performance appraisals and departmental rankings. The ranking system, known as “totem poles,” ranked employees relative to their peers within their respective departments. For the three years preceding the layoffs, plaintiff consistently was ranked near the bottom of her department. The manager selected plaintiff for layoff; and plaintiffs immediate supervisor approved the [410]*410decision. Subsequently, a total of 19 employees from the department were discharged. Those employees who had been in the department for less than one year, one of whom was 49 years of age, survived layoff. Of the employees discharged, 60 percent were under the age of 40. The average age of the employees remaining in the department was older after the layoffs than before. Plaintiffs replacement was a twenty-seven-year-old.

In November 1991, plaintiff brought the present action against defendant, alleging that her discharge was unlawful because age was a determinative factor in defendant’s decision to fire her. Her amended petition was in two counts, each count brought under a separate statute: Count I under the Missouri Human Rights Act, § 218.010, RSMo (1986); and Count II under the Age Discrimination in Employment Act, 29 U.S.C.A. §§ 621-634 (1982) (ADEA). Plaintiff eventually dismissed her state claim; the remaining claim was based solely on the federal ADEA.

Prior to trial, defendant filed a motion in limine in which it sought to exclude evidence that plaintiff was discharged because of her years of service and because her salary was at the high end of the pay scale. Defendant also sought to exclude evidence that employees with less than one year of service were spared termination. At the hearing on the motion in limine, the trial court indicated that the existing case law under the ADEA did not favor admission of the challenged evidence. Plaintiffs counsel stated that without that evidence, it would be impossible for plaintiff to prove that she was the victim of age discrimination.

At that point, defendant moved orally for summary judgment, filing á written motion sometime later. Plaintiffs counsel waived the notice requirements and the parties argued the motion before the trial court. Both parties made offers of proof and submitted exhibits, affidavits, and plaintiffs deposition for the court’s review. After the hearing, the trial court found that plaintiff failed to make a submissible case of age discrimination and granted summary judgment in favor of defendant.

In her first point, plaintiff asserts the trial court erred in granting summary judgment in favor of defendant. Her claim of error is two-pronged. She first argues that summary judgment is generally inappropriate in ADEA cases; and secondly, she contends that summary judgment was improper in this specific case because she made a prima facie case of age discrimination.

The ADEA forbids an employer from discharging an employee within the age-protected group (40 and over) because of the employee’s age, 29, U.S.C.A. § 623(a)(1) (1982), but specifically excludes discharge for good cause. 29 U.S.C.A. §§ 623(f)(1) and (3) (1982). Because this court is construing a federal statute, the decisions of the United States Supreme Court and of the federal courts interpreting that statute are binding. Wimberly v. Labor and Indus. Relations Comm’n of Missouri, 688 S.W.2d 344, 347-348 (Mo.Banc 1985), aff'd, 479 U.S. 511, 107 S.Ct. 821, 93 L.Ed.2d 909 (1987).

In a reduction-in-force case, a plaintiff demonstrates a prima facie case of age discrimination by establishing the following: (1) that he or she was in a protected age group; (2) that he or she was adversely affected by the employment decision; (3) that he or she was qualified for the position at issue; and (4) that he or she was treated less favorably than younger employees during the reduction in force. REA v. Martin Marietta Corp., 29 F.3d 1450, 1454 (10th Cir.1994); see also Holley v. Sanyo Mfg., Inc., 771 F.2d 1161, 1165-1166 (8th Cir.1985). After the plaintiff establishes a prima facie case, the burden shifts to the defendant to articulate a legitimate nondiscriminatory reason for the adverse employment decision. REA, 29 F.3d at 1454 (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973)). Once the defendant meets its burden by offering a legitimate rationale in support of its employment decision, the burden shifts back again to the plaintiff to show that the defendant’s proffered reasons were a pretext for discrimination. Id. at 1455.

We first address plaintiffs argument that, in general, summary judgment is inap[411]*411propriate in actions brought under the ADEA. Rule 74.04(c)(3) provides for the entry of summary judgment if it is shown “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Plaintiff contends that under the ADEA the intent of the employer is paramount and it is always an issue of fact as to whether the employer’s reasons for its acts in dealing with an employee were pretextual.

Plaintiffs argument is without merit. Federal courts have granted motions for summary judgment in cases brought under the ADEA. The courts have found summary judgment appropriate either when a plaintiff failed to make a prima facie case against the defendant under the ADEA, Bashara v. Black Hills Corp., 26 F.3d 820 (8th Cir.1994); or when, after a plaintiff has established a prima facie case, he or she has failed to show that the defendant’s nondiscriminatory rationale for its actions was pretextual. REA, 29 F.3d at 1450; Goldman v. First Nat. Bank of Boston, 985 F.2d 1113 (1st Cir.1993). In the instant action, therefore, the trial court properly considered defendant’s motion for summary judgment.

We next consider whether the trial court erred in granting summary judgment in favor of defendant in this specific case.

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890 S.W.2d 408, 1995 Mo. App. LEXIS 37, 1995 WL 6631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-mcdonnell-douglas-corp-moctapp-1995.