Geraldine v. Carter v. Duncan-Huggins, Ltd.

727 F.2d 1225, 234 U.S. App. D.C. 126
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 12, 1984
Docket82-1082
StatusPublished
Cited by139 cases

This text of 727 F.2d 1225 (Geraldine v. Carter v. Duncan-Huggins, Ltd.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geraldine v. Carter v. Duncan-Huggins, Ltd., 727 F.2d 1225, 234 U.S. App. D.C. 126 (D.C. Cir. 1984).

Opinions

Opinion for the Court filed by Circuit Judge MIKVA.

Dissenting opinion filed by Circuit Judge SCALIA.

MIKVA, Circuit Judge:

This is an appeal from a jury verdict that awarded Geraldine V. Carter $10,000 as compensatory damages for discriminatory activities proscribed by section 1981 of the Civil Rights Act of 1870, 42 U.S.C. § 1981. Carter had alleged that throughout her employment, her employer, Duncan-Huggins, Ltd. had intentionally discriminated against her because of her race. Following the jury verdict for Carter, appellant Duncan-Huggins timely moved for a judgment non ob-stante veredicto (judgment n.o.v.). The trial court denied the motion and this appeal followed. Appellant here challenges the denial of the judgment n.o.v. motion and the trial court’s failure to give certain jury instructions. Finding no merit in appellant’s arguments, we affirm.

I. Standard of Review

In reviewing a motion for a judgment n.o.v., we ask the same question that the district court asked initially in considering the motion. Because a motion for judgment n.o.v. intrudes upon the jury’s domain, that question is very narrow. The jury’s verdict must stand unless “the evidence, together with all inferences that can reasonably be drawn therefrom is so one-sided that reasonable men could not disagree on the verdict.” Coburn v. Pan American World Airways, Inc., 711 F.2d 339, 342 (D.C.Cir.1983) (quoting Murphy v. United States, 653 F.2d 637, 640 (D.C.Cir.1981)), cert. denied, -- U.S. --, 104 S.Ct. 488, 78 L.Ed.2d 683 (1983). See also Vander Zee v. Karabatsos, 589 F.2d 723, 726 (D.C.Cir.1978), cert. denied, 441 U.S. 962, 99 S.Ct. 2407, 60 L.Ed.2d 1066 (1979). The motion should be denied unless

“there can be but one reasonable conclusion” drawn from the evidence viewed “in the light most favorable to the [plaintiffs] ..., giving them the advantage of every fair and reasonable inference that the evidence may justify”.

Metrocare v. Washington Metropolitan Area Transit Authority, 679 F.2d 922, 924-25 (D.C.Cir.1982) (quoting Foster v. Maryland State Savings and Loan Association, 590 F.2d 928, 930 (D.C.Cir.1978), cert. denied, 439 U.S. 1071, 99 S.Ct. 842, 59 L.Ed.2d 37 (1979)). If fair-minded people may differ as to the conclusion, or if there is substantial conflicting evidence, the judgment n.o.v. motion must be denied. Necessarily, the reviewing court must consider all the evidence offered. In evaluating the evidence, however, the court should not decide the motion based on which side has the “better of the case.” Bohrer v. Hanes Corp., 715 F.2d 213, 218 (5th Cir.1983) (quoting Maxey v. Freightliner Corp., 665 F.2d 1367, 1371 (5th Cir.1982)), petition for cert. [1228]*1228filed, 52 U.S.L.W. 3512 (U.S. Jan. 10, 1984) (No. 83-1017). Nor should the court assess witness credibility or weigh the evidence. Coburn v. Pan American World Airways, Inc., 711 F.2d at 342. Those are functions reserved for the jury.

II. Background

We rehearse the testimony in detail so that we can evaluate what inferences a reasonable juror may have drawn. Appellee Geraldine V. Carter, a black woman, secured employment with Duncan-Huggins, Ltd., in January 1979. Duncan-Huggins operates a wholesale showroom of fabric and furniture for architects and designers. At all times relevant to this case, Duncan-Huggins hired less than fifteen people and thus did not fall within the ambit of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (1976). Instead, this case falls within the purview of section 1981, which imposes as an additional prerequisite to a finding of liability that the plaintiff prove intentional discrimination. General Building Contractors Association v. Pennsylvania, 458 U.S. 375, 102 S.Ct. 3141, 73 L.Ed.2d 835 (1982).

Carter was the first, and only, black employee. When Carter applied for the job, Perez, Duncan-Huggins’ president, informed her that her primary duties would be as sample librarian, with some opportunities to make sales. Transcript (Tr.) at 81. As sample librarian, Carter would retrieve carpet samples that customers wanted to borrow and reshelve those that had been returned. Carter remained at Duncan-Huggins until June 1980, when she voluntarily left to begin a job elsewhere.

During Carter’s initial period of employment, she shared desks with the other, white employees in the Company’s showroom. Eventually, however, Carter was given a desk behind the tall shelves in which the carpet samples were kept. Because of these shelves, the desk was isolated from the showroom and from customer contact. In contrast, all the white employees used desks located in the showroom. Duncan-Huggins suggested at trial that the placement of the desk reflected Carter’s duties as sample librarian. Id. at 37. Moreover, the employee responsible for this work arrangement testified that Carter had asked for the desk. Id. at 262. Carter denied having made this request and instead testified that she had been instructed to work in the back. Id. at 123-24. No explanation was proffered, however, as to why Carter’s desk could not have been placed closer to the shelves, but not in such an extremely isolated position.

In June, 1979 Duncan-Huggins moved to a new facility. That facility had a sample library that was separated from the showroom by a wall with two doorways. For a short period of time following the move, Carter allegedly occupied a desk in the showroom. Id. at 128, 265-66. Thereafter, one of Carter’s de facto supervisors carried her desk into the separate sample library. This library, according to Carter, had inadequate lighting and ventilation. Not surprisingly, the parties all suggested different reasons for this relocation. Carter alleged that the move was motivated by a discriminatory intent. The employee who actually moved the desk testified that he did so at the direction of one of Duncan-Huggins’ owners. Id. at 266. That owner, who admitted having responsibility for the placement of furniture, and who indicated that because sample work was messy the sample room was to be secluded from the showroom, never specifically explained whether, and if so why, he ordered the desk to be moved. Id. at 289-93. Moreover, the owner denied saying anything about where Carter was to be stationed. Id. at 292. Perez, Duncan-Huggins’ president, suggested that the desk was relocated because construction work in the showroom had not been completed. Id. at 234-35. Yet, when the construction work was completed, Carter’s desk was not returned to the customer area. The desk was not returned to the showroom, according to Perez, because its placement in the back gave Carter better access to the samples. Id. at 235.

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Bluebook (online)
727 F.2d 1225, 234 U.S. App. D.C. 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geraldine-v-carter-v-duncan-huggins-ltd-cadc-1984.