Georgie Brewer v. New Era, Inc.

564 F. App'x 834
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 29, 2014
Docket13-5237
StatusUnpublished
Cited by25 cases

This text of 564 F. App'x 834 (Georgie Brewer v. New Era, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Georgie Brewer v. New Era, Inc., 564 F. App'x 834 (6th Cir. 2014).

Opinion

*836 CLAY, Circuit Judge.

Plaintiffs Georgie Brewer, 77 years old, and Barbara Greene, 70 years old, are sisters of African-American descent, who are appealing the district court’s order granting Defendant, New Era, Inc., summary judgment on one claim of age discrimination under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. and one claim of race discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e. The sisters allege that New Era discriminated against them on the basis of their race and age when it laid them off from their jobs during an economic workforce reduction at the defendant company in 2008. The district court found no direct evidence of discrimination and held that the circumstantial evidence was insufficient as a matter of law to establish that age or race, rather than economic necessity, was the reason the sisters were laid off. For the reasons that follow, we REVERSE the district court’s judgment and REMAND this case for further proceedings consistent with this opinion.

BACKGROUND

A. Procedural History

On September 9, 2010, Plaintiffs Georgie Brewer and Barbara Greene (“Plaintiffs”) filed a complaint in the United States District Court for the Middle District of Tennessee alleging that New Era, Inc. (“Defendant” or “New Era”) discriminated against them on the basis of their age and race when it laid them off during an economic workforce reduction during the 2008 recession. On August 31, 2012, after the close of discovery, Defendant moved for summary judgment arguing that, as a matter of law, Plaintiffs could not show that they were targeted for layoff because of their race or age.

The district court found no direct evidence of discrimination and held that the circumstantial evidence was insufficient as a matter of law to establish that age or race discrimination, rather than economic necessity, was the reason for the layoff. The district court entered the judgment accordingly, and dismissed Plaintiffs’ claims on January 23, 2013.

B. Factual Background

The relevant facts were accurately summarized by the district court as follows: Plaintiffs are sisters of African-American descent who were longtime employees of New Era, a private company that manufactures stainless steel cookware in Clarks-ville, Tennessee. They were originally hired by its predecessor company, Volrath, on the same day in August of 1983. Workers at Volrath were unionized, and some employment decisions were allegedly made according to the company’s seniority system. However, when Donald Henn (“Henn”) bought the company in 1983 and changed its name to New Era, the union was decertified. New Era then became an at-will employer, and it has remained so in the years since, informing employees of its at-will employment practices in an employee handbook.

After purchasing the company, Henn moved to Clarksville to run the plant. In 1999, he moved away, turning over the day-to-day operation of the plant to Terry Siebert, and, eventually, to John Martelli (“Martelli”), a longtime company employee. As plant manager, Martelli was responsible for manufacturing and for hiring and firing employees. Henn, who described himself as a “hands-off manager,” trusted Martelli and considered him a friend.

Throughout their tenure working at New Era, Plaintiffs worked almost exclusively on the “packing line,” where they *837 assembled items for cook sets so they could be boxed and, ultimately, shipped. Their experience was largely limited to that task: they did not operate the presses that form pots and pans or the machine used to wash them. And neither had significant experience operating the machine that trims excess material from pots and pans after they leave the presses.

In 1994, Plaintiffs both filed charges of discrimination with the Tennessee Human Rights Commission (“THRC”) and the Equal Employment Opportunity Commission (“EEOC”) alleging that they were being paid the same wage as white employees who had far less experience and responsibility than they had, and that the disparity was a result of race discrimination. New Era responded that seniority had no bearing on wages — that every employee who did the same job received the same wage — and that “seniority is only a factor in job posting and layoff situations.” Plaintiffs continued to work at New Era after their EEOC charge was resolved.

In 2008, faced with declining sales revenues amid the U.S. economic collapse, New Era concluded that it needed to reduce operating expenses, including payroll. It decided to reduce its 25-employee workforce by evaluating each employee using a “three-pronged standard” with a goal of retaining those (1) who had been “cross trained” in multiple departments on multiple jobs; (2) who demonstrated consistently that they worked well with others; and (3) who consistently ran a “good production”. At the time the workforce reduction was being considered, Defendant employed six African-Americans and five individuals with Korean ancestry.

Martelli met with supervisors Jeff Price (“Price”), whose mother was Korean and whose father was Caucasian, and James Northington (“Northington”), who is an African-American, to determine which employees would be retained and which would be laid off according to the above criteria. Eight employees were identified for layoff; of the eight identified, three were Caucasian, three were African-American, one was Korean-Ameriean, and one was Hispanic. Two were under the age of 40. After selecting the eight employees, Mar-telli contacted New Era’s corporate officers, Henn and his son Jeffrey Henn, to explain his rationale for choosing each employee for layoff. He then informed the affected employees, which included Plaintiffs, that they would be laid off on November 14, 2008. After the eight were laid off, one employee, Micha Taylor, who is Korean-American, was called back to work in January 2009.

Two or three months before the layoffs were announced, according to Northington, Jeffrey Henn stated in a meeting that Plaintiffs were too old to still be working and needed to retire. Furthermore, Northington testified that Price, himself Korean-Ameriean, made a large number of racially offensive statements about African-Americans in the years before Plaintiffs were laid off. Northington complained about this treatment to Martelli,. who made it clear that he would not tolerate complaints about Price and, according to Northington, actually fired two other employees who complained about Price’s threats and use of racial slurs. Northing-ton testified that he lodged complaints about Price to Don Henn and, repeatedly, to Jeffrey Henn, but nothing was done about the situation.

DISCUSSION

This Court reviews a district court’s grant of summary judgment de novo. Hopson v. DaimlerChrysler Corp., 806 F.3d 427, 432 (6th Cir.2002). Summary judgment is appropriate where the pleadings, depositions, answers to interrogate- *838

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Bluebook (online)
564 F. App'x 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgie-brewer-v-new-era-inc-ca6-2014.